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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Military Retirees Act''. SEC. 2. FINDINGS. Congress finds the following: (1) No statutory health care program existed for members of the uniformed services who entered service prior to June 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability. (2) Recruiters for the uniformed services are agents of the United States government and employed recruiting tactics that allowed members who entered the uniformed services prior to June 7, 1956, to believe they would be entitled to fully-paid lifetime health care upon retirement. (3) Statutes enacted in 1956 entitled those who entered service on or after June 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability, to medical and dental care in any facility of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. (4) After 4 rounds of base closures between 1988 and 1995 and further drawdowns of remaining military medical treatment facilities, access to ``space available'' health care in a military medical treatment facility is virtually nonexistent for many military retirees. (5) The military health care benefit of ``space available'' services and Medicare is no longer a fair and equitable benefit as compared to benefits for other retired Federal employees. (6) The failure to provide adequate health care upon retirement is preventing the retired members of the uniformed services from recommending, without reservation, that young men and women make a career of any military service. (7) The United States should establish health care that is fully paid by the sponsoring agency under the Federal Employees Health Benefits program for members who entered active duty on or prior to June 7, 1956, and who subsequently earned retirement. (8) The United States should reestablish adequate health care for all retired members of the uniformed services that is at least equivalent to that provided to other retired Federal employees by extending to such retired members of the uniformed services the option of coverage under the Federal Employees Health Benefits program, the Civilian Health and Medical Program of the uniformed services, or the TRICARE Program. SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Earned Coverage for Certain Retirees and Dependents.--Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905, by adding at the end the following new subsection: ``(h) For purposes of this section, the term `employee' includes a retired member of the uniformed services (as defined in section 101(a)(5) of title 10) who began service before June 7, 1956. A surviving widow or widower of such a retired member may also enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual.''; and (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraphs (2) through (5)''; and (B) by adding at the end the following new paragraph: ``(5) In the case of an employee described in section 8905(h) or the surviving widow or widower of such an employee, the Government contribution for health benefits shall be 100 percent, payable by the department from which the employee retired.''. (b) Coverage for Other Retirees and Dependents.--(1) Section 1108 of title 10, United States Code, is amended to read as follows: ``Sec. 1108. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to provide coverage to eligible beneficiaries described in subsection (b) under the health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible beneficiary under this subsection is-- ``(A) a member or former member of the uniformed services described in section 1074(b) of this title; ``(B) an individual who is an unremarried former spouse of a member or former member described in section 1072(2)(F) or 1072(2)(G); ``(C) an individual who is-- ``(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this title or of a member who died while on active duty for a period of more than 30 days; and ``(ii) a member of family as defined in section 8901(5) of title 5; or ``(D) an individual who is-- ``(i) a dependent of a living member or former member described in section 1076(b)(1) of this title; and ``(ii) a member of family as defined in section 8901(5) of title 5. ``(2) Eligible beneficiaries may enroll in a Federal Employees Health Benefit plan under chapter 89 of title 5 under this section for self-only coverage or for self and family coverage which includes any dependent of the member or former member who is a family member for purposes of such chapter. ``(3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under this section. ``(4) For purposes of determining whether an individual is a member of family under paragraph (5) of section 8901 of title 5 for purposes of paragraph (1)(C) or (1)(D), a member or former member described in section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an employee under such section. ``(5) An eligible beneficiary who is eligible to enroll in the Federal Employees Health Benefits program as an employee under chapter 89 of title 5 is not eligible to enroll in a Federal Employees Health Benefits plan under this section. ``(6) An eligible beneficiary who enrolls in the Federal Employees Health Benefits program under this section shall not be eligible to receive health care under section 1086 or section 1097. Such a beneficiary may continue to receive health care in a military medical treatment facility, in which case the treatment facility shall be reimbursed by the Federal Employees Health Benefits program for health care services or drugs received by the beneficiary. ``(c) Change of Health Benefits Plan.--An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans. ``(d) Government Contributions.--The amount of the Government contribution for an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section may not exceed the amount of the Government contribution which would be payable if the electing beneficiary were an employee (as defined for purposes of such chapter) enrolled in the same health benefits plan and level of benefits. ``(e) Separate Risk Pools.--The Director of the Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 to maintain a separate risk pool for purposes of establishing premium rates for eligible beneficiaries who enroll in such a plan in accordance with this section.''. (2) The item relating to section 1108 at the beginning of such chapter is amended to read as follows: ``1108. Health care coverage through Federal Employees Health Benefits program.''. (3) The amendments made by this subsection shall take effect on January 1, 2001. SEC. 4. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES. Section 1086 of title 10, United States Code, is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), the'', and inserting ``The''; (2) by striking subsection (d); and (3) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.

Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member of such member. Repeals a provision prohibiting coverage under the Civilian Health and Medical Program of the Uniformed Services for persons entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Seeds Protection Act of 2013''. SEC. 2. RESEARCH GRANTS FOR PURPOSES OF PROTECTION AND PRESERVATION OF NATIVE AMERICAN SEEDS. (a) In General.--Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by adding at the end the following new section: ``SEC. 1419C. RESEARCH GRANTS FOR PURPOSES OF PROTECTION AND PRESERVATION OF NATIVE AMERICAN SEEDS. ``(a) Authority.--Consistent with this section, the Secretary may make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with, eligible entities to conduct research and education and training programs that are objective, operationally independent, and external to the Federal Government and that concern the purity of Native American seeds (as defined by the Secretary, in consultation with Indian tribes). ``(b) Cooperation Required.--Grant applications submitted by an eligible entity under this section shall certify that the research to be conducted will be performed under a cooperative agreement with at least one other qualified research entity. ``(c) Activities.--Under this section, funding may be provided to conduct-- ``(1) research to assess the direct and indirect impacts of-- ``(A) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds; and ``(B) contaminants that compromise the integrity and purity of Native American seeds; and ``(2) education and training programs on-- ``(A) the methods necessary to conduct the research described in paragraph (1); and ``(B) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. ``(d) Report.--Beginning not later than one year after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains-- ``(1) the results of any research conducted under this section; ``(2) the effectiveness of any education and training programs conducted under this section in enabling eligible entities to ensure the purity of Native American seeds; and ``(3) any recommendations of the Secretary to improve the effectiveness of such education and training programs. ``(e) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note)); or ``(B) an Indian tribe. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Qualified research entity.--The term `qualified research entity' means an entity with a demonstrated capacity and infrastructure necessary to carry out agricultural research projects, including-- ``(A) a State agricultural experiment station; ``(B) a college or university (including a 1994 Institution); ``(C) another research institution or organization; ``(D) a private organization; ``(E) a corporation; or ``(F) an individual.''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out section 1419C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as added by subsection (a), including regulations to define the term ``Native American seed'' as specified in subsection (a) of such section 1419C. SEC. 3. DEVELOPING SEED STORAGE FACILITIES TO PRESERVE AND PROTECT NATIVE AMERICAN SEEDS. Section 306 (a)(19)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting ``, including the expansion, construction, and infrastructure costs associated with developing seed storage facilities that are used to protect and preserve Native American seeds (as defined by the Secretary pursuant to section 1419C of the National Agricultural Research, Education, and Teaching Policy Act of 1977)'' before the period at the end.

Native American Seeds Protection Act of 2013 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize the Secretary of Agriculture to award grants to, and enter into agreements with, Indian tribes and 1994 Institutions to conduct research and education and training programs concerning the purity of Native American seeds. (1994 Institutions are Native American tribally-controlled colleges and universities that were granted land-grant status in 1994.) Requires grant applicants to certify that any research conducted will be performed under a cooperative agreement with at least one other entity that has the capacity and infrastructure necessary to carry out agricultural research projects. Authorizes the use of the grants to fund research to assess the impact of: (1) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds, and (2) contaminants that compromise the integrity and purity of those seeds. Authorizes the use of the grants to fund education and training programs on: (1) the methods necessary to conduct such research; and (2) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. Amends the Consolidated Farm and Rural Development Act to authorize the use of grants under the community facilities grant program to expand, construct, and develop seed storage facilities that are used to protect and preserve Native American seeds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Lawmaking Authority Protection Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) The Framers of the Constitution understood that the power to make laws is such an awesome power that they intended it to be exercised by the most democratic branch of government. (2) To ensure that the lawmaking power would be exercised by the branch of government that is the closest and most accountable to the people the Constitution provides that ``All legislative power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.''. (3) The Constitution limits the role of the President in the lawmaking process to-- (A) giving Congress information on the State of the Union; (B) recommending to Congress for consideration such measures as the President deems necessary and expedient; and (C) approving or vetoing bills and joint resolutions presented to him for signature. (4) Statements made by the President contemporaneously with the signing of a bill or joint resolution that express the President's interpretation of the scope, constitutionality, and intent of Congress in enacting the bill or joint resolution presented for signature encroach upon the power to make laws that the Framers vested solely in the Congress. (5) According to a May 5, 2006, editorial in the New York Times, the current President of the United States has issued more than 750 ``presidential signing statements'' declaring he would not do what the laws required, the most notorious example of which is the signing statement issued by the President asserting he was not bound by the Congressional ban on the torture of prisoners. (6) On June 5, 2006, the American Bar Association created a 10-member Blue-Ribbon ``Task Force on Presidential Signing Statements and the Separation of Powers Doctrine'' to take a balanced, scholarly look at the use and implications of signing statements, and to propose appropriate ABA policy consistent with the ABA's commitment to safeguarding the rule of law and the separation of powers in our system of government. (7) On July 24, 2006, the Task Force determined that signing statements that signal the president's intent to disregard laws adopted by Congress undermine the separation of powers by depriving Congress of the opportunity to override a veto, and by shutting off policy debate between the two branches of government. According to the Task Force, such presidential signing statements operate as a ``line item veto,'' which the U.S. Supreme Court has ruled unconstitutional. The Task Force strongly recommended the Congress to enact appropriate legislation to ensure that such presidential signing statements do not undermine the rule of law and the constitutional system of separation of powers. (b) Purposes.--The purposes of this Act are-- (1) to preserve the separation of powers intended by the Framers by preventing the President from encroaching upon the Congressional prerogative to make law; and (2) to ensure that no Federal or State executive or independent agency, and no Federal or State judge, can attach legal significance to any presidential signing statement when construing any law enacted by the Congress. SEC. 3. LIMITATION ON USE OF FUNDS. (a) Limitation on Use of Funds.--None of the funds made available to the Executive Office of the President, or to any Executive agency (as defined in section 105 of title 5 of the United States Code), from any source may be used to produce, publish, or disseminate any statement made by the President contemporaneously with the signing of any bill or joint resolution presented for signing by the President. (b) Application of Limitation.--Subsection (a) shall apply only to statements made by the President regarding the bill or joint resolution presented for signing that contradict, or are inconsistent with, the intent of Congress in enacting the bill or joint resolution or that otherwise encroach upon the Congressional prerogative to make laws. SEC. 4. CONSTRUCTION AND APPLICATION OF ACTS OF CONGRESS. For purposes of construing or applying any Act enacted by the Congress, a governmental entity shall not take into consideration any statement made by the President contemporaneously with the President's signing of the bill or joint resolution that becomes such Act.

Congressional Lawmaking Authority Protection Act of 2007 - Prohibits the use of funds made available to the Executive Office of the President, or to any executive agency, to produce, publish, or disseminate any presidential statement made contemporaneously with the signing of any legislation by him (signing statement). Applies this prohibition only to signing statements that contradict, or are inconsistent with, the intent of Congress in enacting a measure or that otherwise encroach upon the congressional prerogative to make laws. Prohibits a governmental entity from taking into consideration any presidential signing statement for purposes of construing or applying any Act of Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or the ``CARE Act of 2001''. SEC. 2. CHILD AGRICULTURAL EMPLOYMENT. (a) Family Agricultural Employment.--Section 13(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(1)) is amended to read as follows: ``(c)(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while so employed, if such employee is employed by a family member of such employee on a farm that is owned or operated by such family member. In this paragraph, the term `family member' means a parent, grandparent, aunt, uncle, first cousin, or legal guardian.''. (b) Other Child Agricultural Employment.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Penalty.--Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence by striking ``not to exceed $10,000'' and inserting ``not less than $500 nor more than $15,000''. (b) Private Right of Action.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) An employee (or the legal guardian or survivor of such employee) aggrieved by a violation of section 12 resulting in serious bodily injury to, or the serious illness or death of, such an employee may, in a civil action, recover from the employer of such employee appropriate legal or equitable relief. ``(2) An action under this subsection may be brought in a Federal or State court of competent jurisdiction, without regard to the amount in controversy. ``(3) In an action under this subsection, a court shall, in addition to any judgment ordered, allow a prevailing plaintiff to recover from the defendant the costs of the action and reasonable attorney fees. ``(4) If a plaintiff has recovered compensation under a State workers' compensation law for the same violation as alleged in an action under this subsection, a court may consider the amount recovered under such State law when awarding any relief under this subsection. ``(5) If a plaintiff collects a judgment under this subsection and also seeks recovery for the same violation under a State workers' compensation law, a State may elect to offset recovery obtained under this subsection against any recovery provided under such State law.''. (c) Criminal Penalties.--Section 16(a) of such Act (29 U.S.C. 216(a)) is amended-- (1) by striking ``Any'' and inserting ``(1) Except as provided in paragraph (2), any''; and (2) by adding at the end the following new paragraph: ``(2) Any person who violates the provisions of section 15(a)(4) concerning child labor shall upon conviction be subject to a fine under title 18, United States Code, or to imprisonment for not more than 5 years, or both, in the case of-- ``(A) a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee; or ``(B) a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law concerning child labor.''. (d) Rule of Construction.--Nothing in the amendments made by this section may be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. SEC. 4. REPORTING AND RECORDKEEPING. (a) In General.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following new subsection: ``(e)(1) The Secretary, using information provided by the Director of the Bureau of the Census, shall biannually compile, and make available to the public, data from respective State employment security agencies and from other sources in all the States concerning-- ``(A) the types of industries and occupations in which children under the age of 18 years are employed; and ``(B) cases in which the Secretary determines that such children were employed in violation of this section. ``(2)(A) Each employer who employs an employee under the age of 18 years shall report to the Secretary and the appropriate State employment security agency any injury (including an injury resulting in death) to such employee that results in lost employment time of at least one working day or any illness such employee incurred in the course of employment. ``(B) Such report shall be made not later than five days after such injury or illness and shall include-- ``(i) the age of the child; ``(ii) the nature of the job in which the employee is employed (including large-scale, commercial agriculture); ``(iii) the circumstances surrounding the injury or illness to such employee; and ``(iv) to the extent permitted under an applicable State or Federal law, the report of any physician and health care facility which provided care for such employee. ``(3) Using information collected under paragraphs (1) and (2), the Secretary shall submit to the Congress a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. (b) Initial Compilation and Report.--The first compilation and report under paragraphs (1) and (3), respectively, of section 12(e) of such Act (29 U.S.C. 212(e)(1) and (3)), as added by subsection (a) of this section, shall be completed not later than 2 years after the date of enactment of this Act. SEC. 5. COORDINATION. Section 4 of the Fair Labor Standards Act of 1938 (29 U.S.C. 204) is amended by adding at the end the following new subsection: ``(g) The Secretary shall encourage and, where practicable, establish closer working relationships with nongovernmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 6. CHILD LABOR ENFORCEMENT. Subject to the availability of appropriations, the Secretary of Labor shall-- (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor for the principal purpose of enforcing compliance with child labor laws; and (2) provide for a 10-percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor for the principal purpose of increasing prosecution of violations of child labor laws. SEC. 7. WORKER PROTECTION STANDARD. (a) In General.--Section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is amended by adding at the end the following new subsection: ``(f) Worker Protection Standard.-- ``(1) Farmworker children and women.-- ``(A) In general.--For the purpose of affording greater protection to children and women employed on, or present near, farms, the Administrator, in consultation with the Secretary of Labor, shall revise the worker protection standard promulgated under this section to take into account the routine presence of children through age 18 years (including nursing children) and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied, necessitating separate and more stringent regulations for restricted entry intervals and other pertinent worker health and safety standards, in view of the physiological differences between men and such children and women and the differential impact of pesticides and correspondingly greater risks posed to such children and women. ``(B) Periodic review.--The Administrator, in consultation with the Secretary of Labor, shall review all facets of the worker protection standard at least once every 5 years after the date of enactment of this subsection to take into account and incorporate advances in scientific knowledge regarding the considerations described in subparagraph (A). ``(2) Scope and reporting of inspections.--The Administrator shall-- ``(A) promulgate specific requirements to be fulfilled in the conduct of all inspections regarding compliance with the worker protection standard promulgated under this section; and ``(B) publish an annual report on the findings and results of the inspections for each State.''. (b) Conforming Amendment.--The table of contents in section 1(b) of such Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 25 the following new items: ``(e) Peer review. ``(f) Worker protection standard. ``(1) Farmworker children and women. ``(2) Scope and reporting of inspections.''. SEC. 8. MIGRANT AND SEASONAL FARMWORKER YOUTH DROPOUT PREVENTION. (a) In General.--Section 129 of the Workforce Investment Act of 1998 (29 U.S.C. 2854) is amended by adding at the end the following new subsection: ``(d) Migrant and Seasonal Farmworker Youth Dropout Prevention.-- ``(1) Authorized program activities.--The Secretary shall make grants on a competitive basis to assist grant recipients to provide the following programs to migratory youth: ``(A) Programs that provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, interests, aptitudes, supportive service needs, and developmental needs of such participant. A new assessment of a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted under another education or training program. ``(B) Programs that develop service strategies for each participant that shall identify an academic goal, appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted under subparagraph (A). A new service strategy for a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program. ``(C) Programs that provide preparation for postsecondary educational opportunities, in appropriate cases. ``(D) Programs that provide strong linkages between academic and occupational learning preparation for unsubsidized employment opportunities, in appropriate cases. ``(2) Program elements.--The programs described in subparagraphs (C) and (D) of paragraph (1) shall include the following elements: ``(A) Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies. ``(B) Alternative secondary school services, as appropriate. ``(C) Summer employment opportunities that are directly linked to academic and occupational learning. ``(D) Paid and unpaid work experiences, including internships and job shadowing, as appropriate. ``(E) Visits to institutions of higher education, as appropriate. ``(F) Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during nonschool hours, as appropriate. ``(G) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate. ``(H) Adult mentoring for the period of participation in a program under subparagraph (C) or (D) of paragraph (1) and a subsequent period, for a total of not less than 12 months. ``(I) Followup services for not less than one year after the completion of participation in a program under subsection (C) or (D) of paragraph (1), as appropriate. ``(J) Stipends to offset loss of work-related income or loss of potential work-related income. Any such stipend shall be paid to the parent or guardian of the migratory youth (or to the youth, if such youth is emancipated under an applicable State law), if such parent or guardian (or youth) provides to the grant recipient-- ``(i) proof of enrollment in an education program (including current school records or, if school is not in session, school records from the previous academic year); and ``(ii) if the migratory youth is employed, a statement from the employer describing the employment and the working hours of such youth, or if the migratory youth is not employed, a statement stating that fact. ``(3) Condition.--A recipient of a grant under this subsection shall coordinate its activities with those of State or local educational agencies providing programs authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ``(4) Migratory youth defined.--In this subsection, the term `migratory youth' means a migratory child (as such term is defined in section 1309(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399(2))) who is at least 12 years old and not more than 18 years old. ``(5) Administration, data collection, and evaluation.-- ``(A) In general.--The Secretary may reserve up to 6 percent of the funds made available under section 127(b)(1)(A)(iii) for the migrant and seasonal farmworker youth dropout prevention program under this subsection for administration, data collection, and evaluation of the program. ``(B) Special reservation.--Subject to available appropriations, the Secretary shall use up to 2 percent of the funds made available under section 127(b)(1)(A)(iii) to enter into a contract with a national farmworker organization-- ``(i) to establish and maintain an electronic database of program participants; ``(ii) to operate a toll-free national telephone program information line to assist migratory youth in accessing dropout prevention services under this subsection; ``(iii) to assist the Departments of Labor and Education in developing appropriate methods for evaluating the program under this subsection; ``(iv) to provide technical assistance and training to grant recipients; and ``(v) to develop a migrant and seasonal farmworker youth dropout prevention model based on the best practices used in successful programs. ``(6) Availability of program under this subsection.-- Notwithstanding section 188(a)(5) or any other provision of law, a program under this subsection may be made available to an immigrant other than one authorized by the Attorney General to work in the United States.''. (b) Purposes.--Section 129(a) of such Act (29 U.S.C. 2854(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) to provide supportive services, opportunities, and incentives to eligible migrant and seasonal farmworker youth to encourage and assist them in remaining in secondary school through graduation.''. (c) Funding.--Section 127(b)(1)(A)(iii) of such Act (29 U.S.C. 2851(b)(1)(A)(iii)) is amended by inserting ``the greater of $50,000,000 or'' after ``make available''. (d) Cross-Reference.--Section 167(d) of such Act (29 U.S.C. 2912(d)) is amended by inserting ``(including activities under section 129(d))'' after ``dropout prevention activities''. SEC. 9. FAIR LABOR STANDARDS REGULATIONS. Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out sections 2 through 6 and the amendments made by such sections. Such regulations shall take effect not later than 30 days after the date of such promulgation. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary. SEC. 11. EFFECTIVE DATE FOR FAIR LABOR STANDARDS AMENDMENTS. The amendments made by sections 2 through 5 of this Act shall take effect on the date that the rules promulgated under section 9 take effect.

Children's Act for Responsible Employment of 2001 - CARE Act of 2001 - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.Directs the Secretary to: (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor to enforce child labor laws; and (2) provide for a ten percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor to increase prosecution of violations of such laws.Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to revise, and review every five years, a farmworker protection standard to take into account the routine presence of children, including nursing children, and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied.Amends the Workforce Investment Act of 1998 to direct the Secretary to make competitive grants for specified types of programs for migrant and seasonal farmworker youth dropout prevention.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State High Risk Pool Funding Extension Act of 2006''. SEC. 2. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH RISK HEALTH INSURANCE POOLS. Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended to read as follows: ``SEC. 2745. RELIEF FOR HIGH RISK POOLS. ``(a) Seed Grants to States.--The Secretary shall provide from the funds appropriated under subsection (d)(1)(A) a grant of up to $1,000,000 to each State that has not created a qualified high risk pool as of the date of enactment of the State High Risk Pool Funding Extension Act of 2006 for the State's costs of creation and initial operation of such a pool. ``(b) Grants for Operational Losses.-- ``(1) In general.--In the case of a State that has established a qualified high risk pool that-- ``(A) restricts premiums charged under the pool to no more than 200 percent of the premium for applicable standard risk rates; ``(B) offers a choice of two or more coverage options through the pool; and ``(C) has in effect a mechanism reasonably designed to ensure continued funding of losses incurred by the State in connection with operation of the pool after the end of the last fiscal year for which a grant is provided under this paragraph; the Secretary shall provide, from the funds appropriated under paragraphs (1)(B)(i) and (2)(A) of subsection (d) and allotted to the State under paragraph (2), a grant for the losses incurred by the State in connection with the operation of the pool. ``(2) Allotment.--Subject to paragraph (4), the amounts appropriated under paragraphs (1)(B)(i) and (2)(A) of subsection (d) for a fiscal year shall be allotted and made available to the States (or the entities that operate the high risk pool under applicable State law) that qualify for a grant under paragraph (1) as follows: ``(A) An amount equal to 40 percent of such appropriated amount for the fiscal year shall be allotted in equal amounts to each qualifying State that is one of the 50 States or the District of Columbia and that applies for a grant under this subsection. ``(B) An amount equal to 30 percent of such appropriated amount for the fiscal year shall be allotted among qualifying States that apply for such a grant so that the amount allotted to such a State bears the same ratio to such appropriated amount as the number of uninsured individuals in the State bears to the total number of uninsured individuals (as determined by the Secretary) in all qualifying States that so apply. ``(C) An amount equal to 30 percent of such appropriated amount for the fiscal year shall be allotted among qualifying States that apply for such a grant so that the amount allotted to a State bears the same ratio to such appropriated amount as the number of individuals enrolled in health care coverage through the qualified high risk pool of the State bears to the total number of individuals so enrolled through qualified high risk pools (as determined by the Secretary) in all qualifying States that so apply. ``(3) Special rule for pools charging higher premiums.--In the case of a qualified high risk pool of a State which charges premiums that exceed 150 percent of the premium for applicable standard risks, the State shall use at least 50 percent of the amount of the grant provided to the State to carry out this subsection to reduce premiums for enrollees. ``(4) Limitation for territories.--In no case shall the aggregate amount allotted and made available under paragraph (2) for a fiscal year to States that are not the 50 States or the District of Columbia exceed $1,000,000. ``(c) Bonus Grants for Supplemental Consumer Benefits.-- ``(1) In general.--In the case of a State that is one of the 50 States or the District of Columbia, that has established a qualified high risk pool, and that is receiving a grant under subsection (b)(1), the Secretary shall provide, from the funds appropriated under paragraphs (1)(B)(ii) and (2)(B) of subsection (d) and allotted to the State under paragraph (3), a grant to be used to provide supplemental consumer benefits to enrollees or potential enrollees (or defined subsets of such enrollees or potential enrollees) in qualified high risk pools. ``(2) Benefits.--A State shall use amounts received under a grant under this subsection to provide one or more of the following benefits: ``(A) Low-income premium subsidies. ``(B) A reduction in premium trends, actual premiums, or other cost-sharing requirements. ``(C) An expansion or broadening of the pool of individuals eligible for coverage, such as through eliminating waiting lists, increasing enrollment caps, or providing flexibility in enrollment rules. ``(D) Less stringent rules, or additional waiver authority, with respect to coverage of pre-existing conditions. ``(E) Increased benefits. ``(F) The establishment of disease management programs. ``(3) Allotment; limitation.--The Secretary shall allot funds appropriated under paragraphs (1)(B)(ii) and (2)(B) of subsection (d) among States qualifying for a grant under paragraph (1) in a manner specified by the Secretary, but in no case shall the amount so allotted to a State for a fiscal year exceed 10 percent of the funds so appropriated for the fiscal year. ``(4) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State that, on the date of the enactment of the State High Risk Pool Funding Extension Act of 2006, is in the process of implementing a program to provide benefits of the type described in paragraph (2), from being eligible for a grant under this subsection. ``(d) Funding.-- ``(1) Appropriation for fiscal year 2006.--There are authorized to be appropriated for fiscal year 2006-- ``(A) $15,000,000 to carry out subsection (a); and ``(B) $75,000,000, of which, subject to paragraph (4)-- ``(i) two-thirds of the amount appropriated shall be made available for allotments under subsection (b)(2); and ``(ii) one-third of the amount appropriated shall be made available for allotments under subsection (c)(3). ``(2) Authorization of appropriations for fiscal years 2007 through 2010.--There are authorized to be appropriated $75,000,000 for each of fiscal years 2007 through 2010, of which, subject to paragraph (4)-- ``(A) two-thirds of the amount appropriated for a fiscal year shall be made available for allotments under subsection (b)(2); and ``(B) one-third of the amount appropriated for a fiscal year shall be made available for allotments under subsection (c)(3). ``(3) Availability.--Funds appropriated for purposes of carrying out this section for a fiscal year shall remain available for obligation through the end of the following fiscal year. ``(4) Reallotment.--If, on June 30 of each fiscal year for which funds are appropriated under paragraph (1)(B) or (2), the Secretary determines that all the amounts so appropriated are not allotted or otherwise made available to States, such remaining amounts shall be allotted and made available under subsection (b) among States receiving grants under subsection (b) for the fiscal year based upon the allotment formula specified in such subsection. ``(5) No entitlement.--Nothing in this section shall be construed as providing a State with an entitlement to a grant under this section. ``(e) Applications.--To be eligible for a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(f) Annual Report.--The Secretary shall submit to Congress an annual report on grants provided under this section. Each such report shall include information on the distribution of such grants among States and the use of grant funds by States. ``(g) Definitions.--In this section: ``(1) Qualified high risk pool.-- ``(A) In general.--The term `qualified high risk pool' has the meaning given such term in section 2744(c)(2), except that a State may elect to meet the requirement of subparagraph (A) of such section (insofar as it requires the provision of coverage to all eligible individuals) through providing for the enrollment of eligible individuals through an acceptable alternative mechanism (as defined for purposes of section 2744) that includes a high risk pool as a component. ``(2) Standard risk rate.--The term `standard risk rate' means a rate-- ``(A) determined under the State high risk pool by considering the premium rates charged by other health insurers offering health insurance coverage to individuals in the insurance market served; ``(B) that is established using reasonable actuarial techniques; and ``(C) that reflects anticipated claims experience and expenses for the coverage involved. ``(3) State.--The term `State' means any of the 50 States and the District of Columbia and includes Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

State High Risk Pool Funding Extension Act of 2006 - (Sec. 2) Amends the Public Health Service Act to reauthorize funds for grants to each state that has not created a qualified high risk pool for the state's cost to create and initially operate such a pool. Increases the maximum allowable premium charged under a qualified high risk pool to 200% of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the state high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses. Permits grants awarded by the Secretary of Health and Human Services to states with existing qualified high risk pools to cover losses incurred by a state in connection with the operation of such a pool to be made to entities that operate such a pool under applicable state law. Changes the allocation of such grants to give 40% to eligible states equally, 30% based on the number of uninsured individuals in a state relative to all states, and 30% based on the number of enrollees in a state's qualified high risk pool relative to all states. (Currently, all funds are allotted based solely on the number of uninsured individuals in the state.) Requires a state which charges premiums that exceed 150% of the premium for applicable standard risks to use at least 50% of the grant amount to reduce premiums for enrollees. Limits the maximum grant amount allotted to territories. Requires the Secretary to award grants to states with qualified high risk pools for the provision of supplemental consumer benefits, which must include one or more of the following benefits: (1) low-income premium subsidies; (2) a reduction in premium trends, actual premiums, or other cost-sharing requirements; (3) an expansion or broadening of the pool of individuals eligible for coverage; (4) less stringent rules or additional waiver authority with respect to coverage of preexisting conditions; (5) increased benefits; or (6) establishment of disease management programs. Limits to 10% of appropriated funds the amount that any state may be allotted. Authorizes appropriations for FY2006-FY2010. Sets forth reporting requirements. Revises the definition of "qualified high risk pool" to allow a state to elect to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Owners Bill of Rights''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Our democracy was founded on principles of ownership, use, and control of private property. These principles are embodied in the fifth amendment to the Constitution prohibiting the taking of private property without the payment of just compensation. (2) A number of Federal environmental programs, specifically the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) have been implemented by employees, agents, and representatives of the Federal Government in a manner that deprives private property owners of the use and control of their property. (3) As new Federal programs are proposed that would limit and restrict the use of private property to provide habitat for plant and animal species, the rights of private property owners must be recognized and respected. (4) Private property owners are being forced by Federal policy to resort to extensive, lengthy, and expensive litigation to protect certain basic civil rights guaranteed by the Constitution. (5) Since many private property owners do not have the financial resources or the extensive commitment of time to proceed in litigation against the Federal Government, a clear Federal policy is needed to guide and direct Federal agencies with respect to their implementation of environmental laws that directly impact private property. (6) While all private property owners should and must abide by current nuisance laws and should not use their property in a manner that harms their neighbors, these laws have traditionally been enacted, implemented, and enforced at the State and local levels where they are best able to protect the rights of all private property owners and local citizens. (7) While traditional pollution control laws are intended to protect the general public's health and physical welfare, current habitat protection programs are intended to protect the welfare of plant and animal species, while allowing the recreational and esthetic opportunities for the public. (b) Purposes.--It is the purpose of this Act to provide a consistent Federal policy to encourage, support, and promote the private ownership of property and to ensure that the constitutional and legal rights of private property owners are protected by the Federal Government, its employees, agents, and representatives. SEC. 3. PROTECTION OF PRIVATE PROPERTY RIGHTS. (a) In implementing and enforcing the Acts, each agency head shall comply with applicable State and tribal government laws, including laws relating to private property rights and privacy; and shall administer and implement the Acts in a manner that has the least impact on private property owners' constitutional and other legal rights. (b) Each agency head shall develop and implement rules and regulations for ensuring that the constitutional and other legal rights of private property owners are protected when the agency head makes, or participates with other agencies in the making of, any final decision that restricts the use of private property. SEC. 4. PROPERTY OWNER CONSENT FOR ENTRY. (a) An agency head may not enter privately-owned property to collect information regarding the property, unless the private property owner has-- (1) consented in writing to that entry; (2) after providing that consent, been provided notice of that entry; and (3) been notified that any raw data collected from the property must be made available at no cost, if requested by the private property owner. (b) Subsection (a) does not prohibit entry onto property for the purpose of obtaining consent or providing notice required under subsection (a). SEC. 5. RIGHT TO REVIEW AND DISPUTE DATA COLLECTED FROM PRIVATE PROPERTY. An agency head may not use data that is collected on privately- owned property to implement or enforce any of the Acts, unless-- (1) the agency head has provided to the private property owner-- (A) access to the information; (B) a detailed description of the manner in which the information was collected; and (C) an opportunity to dispute the accuracy of the information; and (2) the agency head has determined that the information is accurate, if the private property owner disputes the information pursuant to subparagraph (C). SEC. 6. RIGHT TO AN ADMINISTRATIVE APPEAL OF WETLANDS DECISIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following new subsection: ``(u) Administrative Appeals.-- ``(1) The Secretary or Administrator shall, after notice and opportunity for public comment, issue rules to establish procedures to allow private property owners or their authorized representatives an opportunity for an administrative appeal of the following actions under this section: ``(A) A determination of regulatory jurisdiction over a particular parcel of property. ``(B) The denial of a permit. ``(C) The terms and conditions of a permit. ``(D) The imposition of an administrative penalty. ``(E) The imposition of an order requiring the private property owner to restore or otherwise alter the property. ``(2) Rules issued under paragraph (1) shall provide that any administrative appeal of an action described in paragraph (1) shall be heard and decided by an official other than the official who took the action, and shall be conducted at a location which is in the vicinity of the property involved in the action.''. SEC. 7. RIGHT TO ADMINISTRATIVE APPEAL UNDER THE ENDANGERED SPECIES ACT OF 1973. Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended by adding at the end the following new subsection: ``(i) Administrative Appeals.-- ``(1) The Secretary shall, after notice and opportunity for public comment, issue rules to establish procedures to allow private property owners or their authorized representatives an opportunity for an administrative appeal of the following actions under this Act: ``(A) A determination that a particular parcel of property is critical habitat of a listed species. ``(B) The denial of a permit for an incidental take. ``(C) The terms and conditions of an incidental take permit. ``(D) The imposition of an administrative penalty. ``(E) The imposition of an order prohibiting or substantially limiting the use of the property. ``(2) Rules issued under paragraph (1) shall provide that any administrative appeal of an action described in paragraph (1) shall be heard and decided by an official other than the official who took the action, and shall be conducted at a location which is in the vicinity of the parcel of property involved in the action.''. SEC. 8. COMPENSATION FOR TAKING OF PRIVATE PROPERTY. (a) Eligibility.--A private property owner that, as a consequence of a final qualified agency action of an agency head, is deprived of 50 percent or more of the fair market value, or the economically viable use, of the affected portion of the property, as determined by a qualified appraisal expert, is entitled to receive compensation in accordance with this section. (b) Deadline.--Within 90 days after receipt of a final decision of an agency head that deprives a private property owner of fair market value or viable use of property for which compensation is required under subsection (a), the private property owner may submit in writing a request to the agency head for compensation in accordance with subsection (c). (c) Agency Head's Offer.--The agency head, within 180 days after the receipt of a request for compensation, shall stay the decision and shall provide to the private property owner-- (1) an offer to purchase the affected property of the private property owner at a fair market value assuming no use restrictions under the Acts; and (2) an offer to compensate the private property owner for the difference between the fair market value of the property without those restrictions and the fair market value of the property with those restrictions. (d) Private Property Owners' Response.--A private property owner shall have 60 days after the date of receipt of the agency head's offers under subsection (c) (1) and (2) to accept one of the offers or to reject both offers. If the private property owner rejects both offers, the private property owner may submit the matter for arbitration to an arbitrator appointed by the agency head from a list of arbitrators submitted to the agency head by the American Arbitration Association. The arbitration shall be conducted in accordance with the real estate valuation arbitration rules of that association. For purposes of this section, an arbitration is binding on the agency head and a private property owner as to the amount, if any, of compensation owed to the private property owner and whether for purposes of this section the private property owner has been deprived of fair market value or viable use of property for which compensation is required under subsection (a). (e) Judgment.--A qualified agency action of an agency head that deprives a private property owner of property as described in subsection (a), is deemed, at the option of the private property owner to be a taking under the Constitution of the United States and a judgment against the United States if the private property owner-- (1) accepts the agency head's offer under subsection (c); or (2) submits to arbitration under subsection (d). (f) Payment.--An agency head shall pay a private property owner any compensation required under the terms of an offer of the agency head that is accepted by the private property owner in accordance with subsection (d), or under a decision of an arbiter under that subsection, by not later than 60 days after the date of the acceptance or the date of the issuance of the decision, respectively. (g) Form of Payment.--Payment under this section, as that form is agreed to by the agency head and the private property owner, may be in the form of-- (1) payment of an amount equal to the fair market value of the property on the day before the date of the final qualified agency action with respect to which the property or interest is acquired; (2) a payment of an amount equal to the reduction in value; or (3) conveyance of real property or an interest in real property having a fair market value equal to that amount. (h) Other Rights Preserved.--This section does not preempt, alter, or limit the availability of any remedy for the taking of property or an interest in property that is available under the Constitution or any other law. (i) Final Judgments.--When a private property owner unsuccessfully seeks compensation under this section and thereafter files a claim for compensation under the fifth amendment to the Constitution and is successful in obtaining a final judgment ordering compensation from the claims court for that claim, the agency head making the final agency decision resulting in the taking shall reimburse the judgment fund for the amount of the judgment against the United States from funds appropriated to the agency for the 2 fiscal years following payment. SEC. 9. DEFINITIONS. For the purpose of this Act the following definitions apply: (1) ``The Acts'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) ``Agency head'' means the Secretary or Administrator with jurisdiction or authority to take a final agency action under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (3) ``Non-Federal person'' means a person other than an officer, employee, agent, department, or instrumentality of-- (A) the Federal Government; or (B) a foreign government. (4) ``Private property owner'' means a non-Federal person (other than an officer, employee, agent, department, or instrumentality of a State, municipality, or political subdivision of a State, or a State, municipality, or subdivision of a State) that-- (A) owns property referred to in paragraph (5) (A) or (B); or (B) holds property referred to in paragraph (5)(C). (5) ``Property'' means-- (A) land; (B) any interest in land; and (C) any proprietary water right. (6) ``Qualified agency action'' means an agency action (as that term is defined in section 551(13) of title 5, United States Code) that is-- (A) under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); or (B) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 10. PRIVATE PROPERTY OWNER PARTICIPATION IN COOPERATIVE AGREEMENTS. Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this section, when the Secretary enters into a management agreement under subsection (b) with any non-Federal person that establishes restrictions on the use of property, the Secretary shall notify all private property owners or lessees of the property that is subject to the management agreement and shall provide an opportunity for each private property owner or lessee to participate in the management agreement.''.

Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Caregiver Support Act of 1993''. SEC. 2. FAMILY CAREGIVER SUPPORT PROGRAM ESTABLISHED. (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new title: ``TITLE XXI--GRANTS TO STATES FOR FAMILY CAREGIVER SUPPORT PROGRAMS ``purpose of title; authorization of appropriations ``Sec. 2101. For the purpose of enabling each State to furnish services to support informal caregivers of individuals with functional limitations by providing services designed to facilitate and strengthen informal support systems to help maintain individuals with functional limitations within the community, there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans for family caregiver support services. ``state plans for family caregiver support services ``Sec. 2102. A State plan for family caregiver support services must-- ``(1) provide that it shall be in effect in all political subdivisions of the State, and if administered by them, be mandatory upon them; ``(2) provide for financial participation by the State equal to not less than 50 percent of the administrative costs of operating the program in the State; ``(3) provide either for the establishment or designation of a single State agency or agencies (such agency may be the same agency established or designated under section 1902 of this Act) to administer or supervise the administration of the plan in coordination with home and community-based services provided under title XIX of this Act; ``(4) describe the steps that will be taken to ensure that all State government agencies responsible for the provision of family caregiver support services funded under this title with other Federal or State agencies or both on behalf of individuals with functional limitations and their caregivers shall be included in the development of the State plan so that all such services are coordinated with all other types of services and benefits such individuals and their caregivers may be receiving (or are eligible to receive); ``(5) describe the steps to be taken to ensure equitable access to family caregiver support services funded under this title for individuals of all ages with functional limitations and their caregivers, including individuals who have cognitive, mental, developmental, physical, sensory, or other impairments that meet the criteria of section 2104(b)(1); ``(6) describe the manner in which family caregiver support services funded under this title will be organized, delivered, and coordinated, statewide and within the various localities of the State, in order to achieve the objectives specified in subparagraphs (4) and (5) of this subsection; ``(7) specify the procedures used in notifying and obtaining input on the contents of the State plan from non- governmental organizations and individuals with an interest in the welfare of individuals with functional limitations; ``(8) provide that the State agency or agencies-- ``(A) make a determination of the need for family caregiver support services for the individual with functional limitations; ``(B) establish quality assurance for the delivery of family caregiver support services, including evaluation of individual and family satisfaction with the services provided; ``(C) establish a family caregiver support plan for each individual with functional limitations for services under this title, and provide for periodic review and revision as necessary; and ``(D) establish reimbursement levels for family caregiver support services; ``(9) provide that family caregiver support services funded under this title to an individual with functional limitations shall not supplant services otherwise provided to such individual for which such individual is eligible under titles XVIII or XIX of this Act or under any other public or private program; ``(10) provide-- ``(A) that no copayment shall be required for individuals with functional limitations with incomes below 200 percent of the income official poverty line (as determined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981); and ``(B) that a copayment shall be required on a sliding scale basis (as determined by the State) for individuals with functional limitations with incomes in excess of 200 percent of such income line; and ``(11) provide for making family caregiver support services available, including at least the care and services described in paragraphs (1) through (4) of section 2104(a) to all individuals with functional limitations. ``payment to states ``Sec. 2103. (a)(1) The Secretary (except as otherwise provided in this section) shall pay to each State which has a plan approved under this title, for each quarter, beginning with the quarter commencing January 1, 1994-- ``(A) an amount equal to 100 percent of the total amount expended during such quarter as family caregiver support services under the State plan subject to the applicable Federal payment limitation described in paragraph (2); and ``(B) an amount equal to 50 percent of so much of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan (including costs of needs determination and care planning). ``(2)(A) The applicable Federal payment limitation described in this paragraph is $2,400 per calendar year per individual with functional limitations, reduced by the offset, if any, described in subparagraph (B). ``(B) The total Federal payment to any State for each individual with functional limitations for a calendar year shall be reduced by the amount of any copayment paid by such an individual for family caregiver support services funded under this title in accordance with paragraph (10) of section 2102. ``(b) No payment shall be made under this title with respect to any amount expended for family caregiver support services in a calendar quarter for any individual with functional limitations with an income in excess of $75,000 per year. ``definitions ``Sec. 2104. (a) For purposes of this title, the term `family caregiver support services' means care and services in the home, or in the community, provided on a temporary, short term, intermittent, or emergency basis to support a caregiver in caring for an individual with functional limitations, including-- ``(1) companion services; ``(2) homemaker services; ``(3) personal assistance; ``(4) day services in the community; ``(5) temporary care in accredited or licensed facilities (admission to a hospital or nursing home for out-of-home care for a brief stay); and ``(6) such other services, as specified in State plan. ``(b)(1) For purposes of this title, an `individual with functional limitations'-- ``(A) is an individual 18 years of age or over who-- ``(i) cannot perform (without substantial human assistance, including supervision) at least 3 of the activities of daily living described in subparagraphs (A) through (E) of paragraph (2); or ``(ii) needs substantial human assistance or supervision because of cognitive or other mental impairment that-- ``(I) impedes ability to function; or ``(II) causes behavior that poses a serious health or safety hazard to such individual or others; or ``(B) is a child who is receiving disability payments, or would be eligible for such payments, but for the income or resource limitations considered for determining eligibility under title XVI of this Act. ``(2) The activities of daily living described in this paragraph are-- ``(A) toileting; ``(B) eating; ``(C) transferring; ``(D) dressing; and ``(E) bathing. ``(c) For purposes of this title, the term `caregiver' means a spouse, parent, child, relative or other person who-- ``(A) has primary responsibility (as defined by the Secretary) of providing care for one individual with functional limitations; ``(B) does not receive financial remuneration for providing such care for such individual; and ``(C) who has provided such care to such individual for a period of not less than 3 months. ``(d) For purposes of this title, the term `family caregiver support plan' means a written plan, developed in cooperation with the caregiver and the individual with functional limitations to reflect their choices and preferences for the type, frequency, and duration of family caregiver support services to be provided under the plan. ``maintenance of effort ``Sec. 2105. States receiving payments under section 2103 must maintain current levels of funding for family caregiver support services to individuals with functional limitations and their caregivers in order to be eligible to continue to receive payments for such services under this title.''. (b) Effective Date.--The amendment made by subsection (a) shall become effective with respect to services furnished on or after January 1, 1994.

Family Caregiver Support Act of 1993 - Amends the Social Security Act (SSA) to establish a program to enable States to furnish services to support informal caregivers of eligible individuals with functional disabilities. Outlines State plan requirements for such caregiver support services, including requirements that: (1) States support 50 percent of program administration costs; (2) program services may not supplant services otherwise available to eligible recipients under Medicare or Medicaid (SSA titles XVIII and XIX) or any other public or private health insurance plan; and (3) persons with incomes exceeding 200 percent of the Federal poverty level must make co-payments on a sliding scale basis established by the State. Caps total annual Federal expenditures per eligible recipient. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Television Transition Consumer Relief Act of 2008''. SEC. 2. TEMPORARY DUTY SUSPENSION AND RELIQUIDATION OF CERTAIN DIGITAL- TO-ANALOG CONVERTER BOXES AND TELEVISION TUNERS. (a) Findings.--Congress finds the following: (1) The Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171) provided that all full power television broadcasts be switched to digital format on February 17, 2009. (2) Nearly 20,000,000 United States consumers do not subscribe to cable or satellite television service and millions more have untethered television sets that only receive over- the-air signals. (3) Upon the conversion to the digital format mandated by Congress, these households will no longer receive any television signal unless they are equipped with digital-to- analog converters. (4) Low and middle income families, rural residents, American Indians, senior citizens, the infirmed and the physically and mentally impaired are less likely to own television sets capable of receiving a digital signal without the purchase of digital-to-analog converters. (5) The conversion to an all digital format should not place an unfair economic burden on those families of the United States least able to afford it. (6) The U.S. Customs and Border Protection agency is collecting an import tax, or duty, on converter boxes, which adds to the costs of converting to receiving a digital signal. (b) Sense of Congress.--It is the sense of Congress that the costs to convert to an all digital format should be affordable for all people of the United States, and especially those of lower incomes. (c) Definition of Digital-to-Analog Converter Box.--The U.S. Notes at the beginning of subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by adding at the end the following: ``20. For purposes of headings 9902.85.28 and 9902.85.29, the term `digital-to-analog converter box' means a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device.''. (d) Temporary Duty Suspensions.-- (1) Digital-to-analog converter boxes.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.85.28 Digital-to-analog Free No change No change On or before 12/ ''. converter boxes 31/2009....... (provided for in subheading 8528.71.40)...... (2) Certain television tuners.--Such subchapter is further amended by inserting in numerical sequence the following new heading: `` 9902.85.29 Television tuners Free No change No change On or before 12/ ''. used in the 31/2009....... United States assembly of digital-to-analog converter boxes (provided for in subheading 8529.90.29)...... (e) Retroactive Effective Date.--The amendments made by subsection (d) apply to goods entered, or withdrawn from warehouse for consumption, on or after December 1, 2007. (f) Reliquidation of Entries.-- (1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of paragraph (2), the U.S. Customs and Border Protection shall, not later than 90 days after the receipt of a request described in paragraph (2), liquidate or reliquidate as applicable any entry described in paragraph (4) at the applicable rate under subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, as amended by subsection (d). (2) Requests.--Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if-- (A) a request therefore is filed with U.S. Customs and Border Protection not later than 90 days after the date of the enactment of this Act; and (B) the request contains sufficient information to enable U.S. Customs and Border Protection to locate the entry or reconciliation entry if it cannot be located. (3) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid, with interest, not later than 180 days after the date of such liquidation or reliquidation. (4) Entries described.--The entries referred to in paragraph (1) are the entries, or withdrawals from warehouse for consumption, of goods to which duty-free treatment is provided by subsections (d) and (e)-- (A) that was made on or after December 1, 2007; and (B) with respect to which there would have been no duty if subsection (d) of this Act had applied to such entry or withdrawal.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on digital-to-analog converter boxes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Link-up for Learning Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) More than 20 percent of the Nation's children live in poverty while at the same time the Nation's infrastructure of social support for children of poor families has greatly eroded; for example, 40 percent of eligible children do not receive free or reduced price lunches or benefit from food stamps, 25 percent are not covered by health insurance, and only 20 percent are accommodated in public housing. (3) Many at-risk students suffer the effects of inadequate nutrition and health care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse, and child abuse, involuntary migration, and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent, and productive citizens. (4) Almost half of all children and youths live in a single parent family for some period of their lives, greatly reducing parental involvement in their education. (5) High proportions of disadvantaged and minority children are with never married mothers or teenage mothers, greatly limiting the resources available for early childhood development and education. (6) Large numbers of children and youths are recent immigrants or children of recent immigrants with limited English proficiency and significant unmet educational needs. (7) Services for at-risk students are fragmented, expensive, overregulated, often ineffective and duplicative, and focused on narrow problems and not the needs of the whole child and family. (8) School personnel and other support service providers often lack knowledge of and access to available services for at-risk students and their family in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services. (9) Service providers for at-risk students such as teachers, social workers, health care givers, juvenile justice workers and others are trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (10) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a great opportunity to break the cycle of poverty that leads to academic failure, teenage parenthood, leaving school, low skill levels, unemployment, and low income. (11) Coordination of services is more cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis intervention. SEC. 3. PURPOSES. (a) Improvement of Student Performance.--It is the purpose of this Act to establish a program of grants to local educational agencies to improve the educational performance of at-risk students by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of educational support services; (3) replicating and disseminating programs of high quality coordinated support services; (4) increasing parental educational involvement; (5) improving the capacity of school and support services personnel to collaborate; (6) integrating services, regulations, data bases, eligibility procedures, and funding sources whenever possible; and (7) focusing school and community resources on prevention and early intervention strategies to address student needs holistically. (b) Coordination.--It is also the purpose of this Act to provide assistance to foster planning, coordination, and collaboration among local, county, State, and Federal educational and other student support service agencies and levels of government, nonprofit organizations, and the private sector to improve the educational performance of at-risk students by-- (1) identifying and removing unnecessary regulations, duplication of services, and obstacles to coordination; (2) improving communication and information exchange; (3) creating joint funding pools or resource banks; (4) providing cross-training of agency personnel; and (5) increasing parental and community involvement in education. SEC. 4. ELIGIBILITY. (a) Coordinated Services.--A local educational agency that seeks to plan and implement a coordinated services program for at-risk students with at least 1 other cooperating public agency is eligible to apply. (b) Coordinating Support Services.--A consortium, including at least 1 local educational agency and 1 cooperating public service agency, formed for the purpose of coordinating support services for at- risk students is eligible to apply. (c) Cooperating Agencies.--Nonprofit organizations, institutions of higher education, and private enterprises with experience or expertise in providing services for at-risk students may also participate as a cooperating agency with a local educational agency or consortium in developing, operating, or evaluating programs assisted under this Act. (d) Head Start Agencies.--A local educational agency that is receiving assistance under the Head Start Transition program shall also be eligible for assistance under this Act if it meets the requirements under subsection (a) or (b) and the cooperating public agency is in addition to a local Head Start agency. (e) Limitation.--A local educational agency shall not be eligible to apply unless it is eligible to receive financial assistance under chapter 1 of the Elementary and Secondary Education Act of 1965. SEC. 5. TARGET POPULATION. (a) Eligible Students.--Educationally deprived students, in chapter 1 eligible schools or students in chapter 1 schoolwide projects, and their family members, may receive services provided by a project funded under this Act. (b) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select any school, grade span, or program area for project services providing the requirements of subsection (a) are met and the project design is of adequate size, scope, and quality to achieve project outcomes. SEC. 6. AUTHORIZED USES OF FUNDS. Local educational agencies receiving grants under this Act may use the funds to-- (1) plan, develop, coordinate, acquire, expand, or improve school-based or community-based education support services through cooperative agreements, contracts for services, or direct employment of staff to strengthen the educational performance of at-risk students; education support services may include but are not limited to child nutrition and nutrition education; health education, screening and referrals; student and family counseling, substance abuse prevention; extended school-day enrichment and remedial programs; child care; tutoring; mentoring; homework assistance; special curricula; family literacy; and parent education and involvement activities; (2) plan, develop, and operate with other agencies a coordinated services program for at-risk students to increase their access to community-based social support services including but not limited to child nutrition, health and mental health services; substance abuse prevention and treatment; foster care and child protective services; child abuse services; welfare services; recreation; juvenile delinquency prevention and court intervention; job training and placement; community-based alternatives to residential placements for handicapped students; and alternative living arrangements for students with dysfunctional families; (3) develop effective strategies for coordinated services for at-risk students whose families are highly mobile; (4) develop effective prevention and early intervention strategies with other agencies to serve at-risk students and families; (5) improve interagency communications and information- sharing including developing local area telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of services; (6) support colocation of support services in schools, cooperating service agencies, community-based centers, public housing sites, or other sites nearby schools including rental or lease payments, open and lock-up fees, or maintenance and security costs necessary for the delivery of services for at- risk students; (7) design, implement, and evaluate unified eligibility procedures, integrated data bases, and secure confidentiality procedures that facilitate information sharing; (8) provide at-risk students with integrated case planning and case management services through staff support for interagency teams of service providers or hiring school-based support services coordinators; (9) subsidize the coordination and delivery of education- related services to at-risk students outside the school site by a participating service agency such as a public housing authority, library, senior citizen center, or community based organization; (10) provide staff development for teachers, guidance counselors, administrators, and participating agency support services staff including cross-agency training in service delivery for at-risk students; (11) plan and operate 1-stop school-based or nearby community-based service centers to provide at-risk students and their families with a wide variety and intensity of support services such as information, referral, expedited eligibility screening and enrollment, and direct service delivery; and (12) support dissemination and replication of a model coordinated educational support services program to other local educational agencies including materials and training. SEC. 7. APPLICATION REQUIREMENTS. An applicant seeking assistance under this Act shall submit an application that provides evidence of-- (1) the degree of need for a coordinated services plan among the students of the local educational agency; (2) the expected improvement in educational outcomes for at-risk students served by the program; (3) a plan for assessing educational and other outcomes of support services by each cooperating agency providing support services; (4) participation of a coordinated services program advisory council in the development of the application which council shall consist of the head of each cooperating support services agency, a member of the local board of education and the superintendent of schools or their designees, representatives of parents, students, and the private sector; (5) a plan for improving the educational achievement of at- risk youth through more effective coordination of support services, staff development and cross-agency training, and the educational involvement of parents; (6) a plan for continuing support services when Federal assistance is terminated; and (7) capacity to serve as a model that could be replicated by other local educational agencies. SEC. 8. SPECIAL CONSIDERATIONS. In making an award under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban and rural districts; (2) districts with high proportions of at-risk students; (3) plans that include interagency teams of collaborators to provide case management services; and (4) districts that experience a significant increase in the number of at-risk students. SEC. 9. REVIEW OF APPLICATIONS. The Secretary of Education shall coordinate review of applications with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development as appropriate. SEC. 10. DURATION. Grants under this Act may be for up to 3 years duration subject to providing the Secretary with evidence of satisfactory progress toward the achievement of program objectives. SEC. 11. LIMITATIONS. (a) Federal Share.--Federal funds may be used for no more than 80 percent of the costs of the project with the remaining funds coming from non-Federal sources, including in-kind services. (b) Limitation on Liability for Costs.--In no case may a local educational agency be held liable for the cost of a service under the project provided by a cooperating agency that is not required by law or mutually agreed to. (c) Nonentitlement.--The provision of any support service under this program by a local educational agency or cooperating agency to any student does not entitle that student or other similarly situated students to the continuation of such services if at any time the local educational agency chooses to terminate the program or if Federal funds are withdrawn for any reason. (d) Limitation on Planning Costs.--No more than 1/3 of project funds may be used for planning a coordinated services program. (e) Limitation on Delivery of Direct Services.--No more than 50 percent of project funds may be used for the delivery of direct services. (f) Supplementation of Non-Federal Funds.--All Federal funds must be used to supplement and not supplant the funds that would otherwise be available from non-Federal sources for this project. SEC. 12. FEDERAL INTERAGENCY TASK FORCE. There is established a Federal Interagency Task Force consisting of the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, and the heads of other Federal agencies, as appropriate, for the purpose of identifying means to facilitate interagency collaboration at the Federal, State, and local level to improve support services for at-risk students. The Task Force shall, at a minimum-- (1) identify, and to the extent possible, eliminate program regulations or practices that impede coordination and collaboration; (2) develop and implement whenever possible plans for creating jointly funded programs, unified eligibility and application procedures, and confidentiality regulations that facilitate information sharing; and (3) make recommendations to the Congress concerning a comprehensive youth policy and legislative action needed to facilitate coordination of support services. SEC. 13. STUDY. The Secretary of Education shall conduct a study of grantees under the Act to identify the regulatory and legislative obstacles encountered in developing and implementing coordinated support services programs and the innovative procedures and program designs developed with support under the Act and report the results to the Congress with recommendations for further legislative action to facilitate coordinated educational support services. SEC. 14. AUTHORIZATION OF FUNDS. There are authorized to be appropriated to carry out the provisions of this Act $250,000,000 for the fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, 1998, and 1999.

Link-up for Learning Act - Establishes a program of grants to local educational agencies (LEAs) in partnership with other eligible entities for coordinated educational and other student support services for at-risk youth. Makes eligible to apply for such a grant: (1) an LEA that seeks to plan and implement a coordinated services program for at-risk students with at least one other cooperating public agency; and (2) a consortium, including at least one LEA and one cooperating public service agency, formed to coordinate support services for at-risk students. Allows nonprofit organizations, institutions of higher education, and private enterprises with experience or expertise in providing services for at-risk students also to participate as cooperating agencies. Allows educationally deprived students and their family members to receive services provided by a project under this Act. Allows an eligible LEA to select any school, grade span, or program area for project services, providing such student eligibility requirements are met and the project design is of adequate size, scope, and quality. Allows such grants to be for up to three years, subject to satisfactory progress. Limits the Federal share of project costs to 80 percent. Establishes a Federal Interagency Task Force to identify means to facilitate interagency collaboration at Federal, State, and local levels to improve support services for at-risk students. Requires the Task Force to: (1) eliminate program regulations or practices impeding coordination and collaboration; and (2) implement plans for jointly funded programs and unified eligibility and application procedures. Directs the Secretary of Education to study and report to the Congregrantees under this Act to identify regulatory and legislative obstacles to coordinated support services and innovative procedures and programs. Authorizes appropriations.

SECTION 1. RESTRICTING CERTAIN FEDERAL ASSISTANCE BENEFITS TO INDIVIDUALS VERIFIED TO BE CITIZENS. (a) Restriction.-- (1) In general.--Notwithstanding any other provision of law, an individual is not eligible for a Federal assistance benefit (as defined in paragraph (2) of this subsection) unless the individual meets the citizenship requirement specified in subsection (b)(1). (2) Federal assistance benefit.--In this section, the term ``Federal assistance benefit'' means, with respect to an individual, assistance furnished to the individual (or to the household, family, or other similar unit that includes the individual) under any Federal assistance program (as defined in subsection (e)), including any benefit furnished under a grant or contract made pursuant to any such program, but does not include an entity receiving a grant or contract under such a program if the grant or contract is used to furnish assistance other than to the entity receiving the grant or contract. (b) Citizenship, Attestation, and Citizenship Verification Requirements.-- (1) Citizenship requirement.--The citizenship requirement specified in this paragraph, with respect to an individual, is that the individual must meet-- (A) the attestation requirement of paragraph (2); and (B) the citizenship verification requirement of paragraph (3). (2) Attestation requirement.--An individual meets the attestation requirement of this paragraph for a Federal assistance benefit if the individual has filed, in connection with the application for the benefit (or, in the case of an individual who is a recipient of the benefit, filed with the provider of the benefit), a declaration in writing (under penalty of perjury and in a form and manner specified under subsection (c)(3)) that the individual is a citizen or national of the United States. (3) Citizenship verification requirement.-- (A) In general.--An individual meets the citizenship verification requirement of this paragraph-- (i) in connection with an application for a Federal assistance benefit, if the individual-- (I) furnishes in connection with the application satisfactory documentary evidence (as defined in section 1903(x)(3) of the Social Security Act (42 U.S.C. 1396b(x)(3)) of United States citizenship or nationality; (II) furnishes in connection with the application a photographic identity document described in section 274A(b)(1)(D) of the Immigration and Nationality Act; and (III) furnishes in connection with the application the individual's name and social security account number and has the name and number and citizenship or nationality status confirmed in accordance with subparagraphs (B)(ii) and (C)(ii) as being consistent with information in the records maintained by the Commissioner of Social Security or the Secretary of Homeland Security, respectively; or (ii) in the case of a recipient of a Federal assistance benefit, if the individual furnishes to the provider of the benefit the documentary evidence and other information described in clause (i), and has the individual's name and social security account number and social security number and citizenship or nationality status confirmed as described in clause (i)(III). (B) Confirmation through social security.-- (i) Transmittal of ssn to ssa.--An entity that is furnished a name, social security account number, and other identity information for an individual under subparagraph (A) shall submit the name and number to the Commissioner of Social Security for confirmation under clause (ii) of this subparagraph. (ii) Confirmation or nonconfirmation by ssa.--Upon receipt of a submittal under clause (i) from an entity, the Commissioner shall compare the information submitted with the information in the records maintained by the Commissioner and transmit to the entity either a confirmation or nonconfirmation as to whether the number submitted is valid and whether the information in the Social Security Administration indicates that the individual is a citizen or national of the United States. (C) Confirmation through dhs.-- (i) Transmittal to dhs.--An entity that is furnished a name and social security account number and other identity information for an individual under subparagraph (A) of this paragraph shall submit the name and number and such other identifying information as the Director may require under subsection (c)(3)(B) respecting the individual to the Secretary of Homeland Security for confirmation under clause (ii) of this subparagraph. (ii) Review and confirmation or nonconfirmation by dhs.--Upon receipt of a submittal under clause (i) from an entity, the Secretary of Homeland Security shall transmit to the entity either a confirmation or nonconfirmation as to whether the information in the records of the Department of Homeland Security indicates that the individual is a citizen or national of the United States. (D) Verification through save program.--An entity that is furnished a name and social security account number and other identity information for an individual under subparagraph (A) shall verify that the individual is not included as a noncitizen in the Systematic Alien Verification for Entitlements (SAVE) Program of the Department of Homeland Security. (E) Notice.--In the case of an individual who does not provide the documentary evidence referred to in subparagraph (A) or who does not receive confirmation of United States citizenship or nationality under subparagraph (B)(ii) or (C)(ii), the entity processing the application for, or providing, the Federal assistance benefit involved shall notify the individual of the individual's ineligibility under this section with respect to the benefit, and of the opportunity of the individual to appeal the ineligibility determination. (F) Appeals process.--The head of any department or agency of the Federal Government who is administering a Federal benefit program shall provide a process through which an individual may appeal a determination made under this Act that an individual is ineligible for a Federal assistance benefit. (4) National defined.--In this section, the term ``national'' means a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (c) Additional Rules; Administration.-- (1) Treatment of certain families and households.--In the case of a Federal assistance benefit which is made available based on-- (A) eligibility for a child, the child shall be treated as meeting the citizenship requirement of subsection (b)(1) if the child, or a parent or legal guardian of the child, meets the requirement; and (B) eligibility for a household or other family unit, the members of the household or family unit shall be treated as meeting the citizenship requirement if any individual who is treated as a member of the household or family unit meets the requirement, except that-- (i) if the program under which the benefit is furnished is the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), the citizenship requirement must be met by an elderly individual who is member of the household; and (ii) if the program under which the benefit is furnished is the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), the citizenship requirement must be met by a disabled individual who is a member of the household. (2) Satisfaction of requirement.--Once an individual meets the citizenship requirement of subsection (b)(1) with respect to a Federal assistance benefit, the individual shall be treated as continuing to meet the requirement for the benefit so long as the individual otherwise remains continuously eligible for the benefit. (3) General administration.-- (A) In general.--The Director of the Office of Management and Budget may issue such regulations and guidance as may be required to carry out this section. (B) Specifications of declaration form and verification process.--Not later than 30 days after the date of the enactment of this Act, the Director shall specify the form and manner of the declaration of citizenship form under subsection (b)(2) and the method for verifying citizenship to be used under subsection (b)(3) consistent with the following: (i) The declaration form shall be based on the declaration form used for purposes of section 1137(d)(1)(A) of the Social Security Act (42 U.S.C. 1320b-7(d)(1)(A)). (ii) The verification process described in subparagraphs (A), (B), and (C) of subsection (b)(3) shall be based on the process used for purposes of paragraphs (1) and (2) of section 1902(ee) of the Social Security Act (42 U.S.C. 1396a(ee)). (4) Superseding other citizenship-related eligibility requirements.--The provisions of this section supersede any provisions of law relating to the eligibility for Federal assistance benefits of individuals based on citizenship, nationality, or immigration status, unless the Director of the Office of Management and Budget determines that the provisions of the law are more restrictive than the requirements of this section. (d) Disqualification for Willful and Repeated Noncompliance.-- (1) In general.--If the Director of the Office of Management and Budget determines that an entity providing a Federal assistance benefit has willfully and repeatedly furnished the benefit to individuals who have not met the citizenship requirement of subsection (b)(1) or has willfully and repeatedly failed to submit information as required under subparagraph (B)(i) or (C)(i) of subsection (b)(3), the entity is disqualified from furnishing the benefit, and the Director shall add the name of the entity to the List of Excluded Individuals/Entities, until the Director determines that any such benefit furnished to any such individual has been recovered. (2) Monitoring of programs by the inspectors general.--The Inspector General for the respective Federal Department or agency with primary responsibility for a Federal assistance program shall provide for regular reports on compliance of the entities furnishing benefits under the program in applying subsection (a). (e) Federal Assistance Program Defined.--In this section, the term ``Federal assistance program''-- (1) means any provision of Federal law (other than the Internal Revenue Code of 1986 or any other Federal law pertaining to taxation) that authorizes a benefit to be furnished for which eligibility is based in whole or in part on the income or resources of the beneficiary; and (2) includes any provision of the Social Security Act that authorizes a benefit to be furnished. (f) Effective Date.-- (1) In general.--Subsection (a) shall apply to determinations (including redeterminations) of eligibility made on or after the date that is 1 year after the date of the enactment of this Act. (2) Transition rule.--In no case shall an individual remain eligible for a Federal assistance benefit after the date that is 2 years after the date of the enactment of this Act without satisfying the citizenship requirement of subsection (b)(1).

This bill restricts eligibility for certain federal assistance benefits to an individual who submits, with an application for benefits, specified verification that the individual is a citizen or national of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Staircase-Escalante Resource Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the designation of the Grand Staircase-Escalante National Monument applies only to Federal land within the boundary of the Monument; (2) multiple use has been and continues to be the guiding principle in the management of public land; (3) in accordance with Proclamation 6920, issued by the President on September 18, 1996 (61 Fed. Reg. 50223 (1996), Federal land within the Monument should remain open for multiple uses; (4) the United States should not lay claim to Federal water rights in lands within the Monument except in accordance with the substantive and procedural requirements of the State of Utah, and designation of the Monument and enactment of this Act should not impair exercise of water rights by the State of Utah; (5) mining revenues from Federal and State School and Institutional Trust Lands have generated considerable revenues for Utah schools; (6) an estimated 176,000 acres of surface land containing significant coal and other resources managed by the School and Institutional Trust Lands Administration for the benefit of Utah's school children are located within the boundary of the Monument; (7) the creation of the Monument must not come at the expense of Utah's school children; (8) designation of the Monument will produce a considerable loss of future Federal royalties, State royalties, and school trust royalties resulting in significant revenue loss to Utah's school children; and (9) the lack of congressional, State, and local consultation prior to designation of the Monument and the failure of the Proclamation to establish a specific boundary for the Monument are certain to give rise to disputes that will require boundary adjustments. SEC. 3. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``advisory committee'' means the Grand Staircase-Escalante National Monument Advisory Committee established under section 12. (2) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (3) Existing.--The term ``existing'' means in existence as of September 18, 1996. (4) Management plan.--The term ``management plan'' means the management plan for the Monument submitted to Congress under section 9. (5) Monument.--The term ``Monument'' means the Grand Staircase-Escalante National Monument established by Proclamation of the President on September 18, 1996. (6) Multiple use.--The term ``multiple use'' has the meaning given in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Special management area.--The term ``special management area'' means an area that is managed by the Secretary in accordance with the principles of multiple use and sustained yield in accordance with this Act. (9) Sustained yield.--The term ``sustained yield'' has the meaning given in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). SEC. 4. MANAGEMENT OF THE MONUMENT. (a) Special Management Area.-- (1) In general.--The Monument shall be managed by the Secretary as a special management area in accordance with this Act. (2) Multiple use and sustained yield.--The Secretary shall manage the resources within the Monument in accordance with the principles of multiple use and sustained yield (including recreation, range, timber, minerals, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical values), using principles of economic and ecologic sustainability. (3) Protection of resources.--The Secretary shall provide for the protection, interpretation, and responsible use of Monument resources. (4) Economic sustainability.--The Secretary shall manage the Monument resources in a way that provides for economic sustainability of local communities. (b) Management Authority.-- (1) Delegation to the director.--The Secretary shall delegate authority to manage the Monument to the Director. (2) Lead agency.--The Bureau of Land Management shall be the lead agency in all management decisions concerning the Monument, pursuant to all applicable legal authorities, and shall act in consultation with other Federal agencies, State and local government authorities, and the advisory committee. (c) Future Action.--Nothing in this Act precludes the revocation of the Proclamation 6920 by Act of Congress or by Executive order, but, so long as land within the Monument remains subject to designation as a national monument under Proclamation 6920, any successor proclamation, or an Act of Congress, the Monument shall be managed in accordance with this Act. SEC. 5. VALID EXISTING RIGHTS AND USES. (a) Exercise of Valid Existing Rights.-- (1) In general.--The Secretary shall recognize and give due deference to the exercise of any valid existing right, lease, permit, or authorization under any law, including-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B)(i) sections 2319-28, 2331, 2333-2337, and 2344 of the Revised Statutes (commonly known as the ``General Mining Law of 1872'') (30 U.S.C. 22-24, 26- 28, 29-30, 33-35, 37, 39-42, 47); and (ii) the Act entitled ``An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain'', approved February 25, 1920 (commonly known as the ``Mineral Lands Leasing Act of 1920'') (30 U.S.C. 181 et seq.); (C) section 2477 of the Revised Statutes (43 U.S.C. 932) (to the extent of any rights-of-way existing on October 21, 1976); (D) the Act of June 28, 1934 (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.) (commonly known as the ``Taylor Grazing Act''); (E) the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and (F) any other applicable law. (2) No restriction.--Neither designation of the Monument nor adoption and implementation of the applicable management plan shall restrict or prevent the exercise of valid existing rights by persons that exercise those rights in compliance with all applicable laws. (b) Roads and Rights-of-Way.--The Secretary shall permit routine maintenance and improvement of roads and rights-of-way within Monument boundaries to ensure public safety and a high-quality visitor experience. (c) Takings.--Any valid existing right determined to be taken as a result of designation of the Monument shall be subject to compensation by the Secretary. SEC. 6. RANGE MANAGEMENT. (a) Grazing of Livestock.--Grazing of livestock within the Monument shall continue and shall not be curtailed by reason of designation of the Monument. Designation of the Monument shall not affect existing grazing leases, grazing permits, and levels of livestock grazing within the Monument. (b) Water Rights.--The Secretary shall not require a grazing permittee or grazing lessee to transfer or relinquish any part of the permittee's or lessee's water right to another person (including the United States) as a condition of granting, renewing, or transferring a grazing permit or grazing lease. SEC. 7. WITHDRAWALS. No existing withdrawal, reservation, or appropriation shall be revoked except in accordance with section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714). SEC. 8. NO FEDERAL RESERVATION OF WATER RIGHT. (a) No Federal Reservation.--Nothing in this Act, any other Act, or any action taken under any Act creates an expressed or implied reservation of water rights in the United States for any purpose. (b) Acquisition and Exercise of Water Rights Under Utah Law.-- (1) Acquisition.--The United States may acquire such water rights as the Secretary considers to be necessary to carry out responsibilities of the Secretary with respect to any land within the Monument only in accordance with the substantive and procedural requirements of the law of the State of Utah. (2) Exercise.--Any rights to water granted under the law of the State of Utah may be exercised only in accordance with the substantive and procedural requirements of the law of the State of Utah. (3) Eminent domain.--Nothing in this Act authorizes the use of the power of eminent domain by the United States to acquire water rights on land within the Monument. (c) Facilities Not Affected.--Nothing in this Act or any other Act relating to management of land within the Monument authorizes any action to be taken that may affect the capacity, operation, repair, construction, maintenance, modification, or repair of municipal, agricultural, livestock, or wildlife water facilities within or outside the Monument or water resources that flow through the Monument. (d) Water Resource Projects.--Nothing in this Act or any other Act relating to management of land within the Monument limits, or establishes any matter to be taken into consideration in connection with approval or denial by any Federal official of access to, or use of, the Federal land within or outside the Monument for development and operation of water resource projects (including reservoir projects). SEC. 9. MANAGEMENT PLAN. (a) Management in Accordance With FLPMA.-- (1) In general.--Not later than September 18, 1999, the Secretary shall submit to Congress a management plan for the Monument. (2) Multiple use and sustained yield.--In the development and revision of the management plan, the Secretary shall use and observe the principles of multiple use and sustained yield and shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. (b) Requirements.--In the management plan, the Secretary shall specifically address-- (1) the multiple uses of all of the resources of the Monument (including recreation, range, timber, mineral, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical resources) in a responsible manner, under all applicable laws and authorities; and (2) the economic impacts of the Monument on the economies of local communities. (c) Notice and Comment.--The management plan shall be made available for public review and comment as required by law. (d) Utilization of Monument Resources.--Development and utilization of resources within the Monument shall be authorized if-- (1) the President or Congress determines it to be in the interests of the United States; or (2) in case of a national emergency. (e) Interim Management Plan.-- (1) In general.--Not later than 45 days after the date of enactment of this Act, the Secretary shall modify any guidelines in existence on the date of enactment of this Act regarding management of the Monument to conform to the requirements of this Act. (2) Pending applications.--No lease on land within the Monument with respect to which an application of any kind was pending on September 18, 1996, or is pending on the date of enactment of this Act shall expire if the Secretary has not acted on the application. SEC. 10. STATE JURISDICTION WITH RESPECT TO FISH AND WILDLIFE. Nothing in this Act-- (1) affects the jurisdiction or responsibilities of the State of Utah with respect to fish and wildlife management activities (including hunting, fishing, trapping, predator control, and the stocking or transplanting of fish and wildlife); or (2) precludes the State of Utah from developing water resources for fish and wildlife purposes under State law. SEC. 11. SCHOOL TRUST LANDS EXCHANGE. (a) Expedition of Exchanges.--The Secretary shall provide necessary resources to expedite all exchanges of school trust lands within the Monument when sought by the School and Institutional Trust Lands Administration of the State of Utah. (b) Valuation.--The Secretary shall value school trust land sections as if surrounding unencumbered Federal lands were available for mineral development, and all reasonable differences in valuation shall be resolved in favor of the school trust. (c) Analysis of Lost Royalties.--Not later than 45 days after the date of enactment of this Act, the Secretary shall submit to Congress an analysis of the loss of Federal royalties that can be expected to result from designation of the Monument, based on research compiled by the United States Geological Survey. (d) Access to State Sections.--The Secretary shall not deny access to school trust lands within the Monument by agencies of the State of Utah and designated permittees of those agencies. SEC. 12. ADVISORY COMMITTEE. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and convene a meeting of an advisory committee to be known as the ``Grand Staircase- Escalante National Monument Advisory Committee''. (b) Duties and Responsibilities.--The advisory committee shall advise the Secretary, the Director, and the Governor of the State of Utah concerning the development, management, and interpretation of Monument resources and the development, exchange, or disposal of State school trust lands. (c) Membership.--The advisory committee shall consist of-- (1) the Secretary, the Governor of the State of Utah, the member of the House of Representatives from the third congressional district, and the 2 members of the Senate from the State of Utah; and (2) 10 members appointed by the Secretary of the Interior from among persons recommended by the Governor of Utah, including-- (A) 1 representative of agricultural interests; (B) 1 representative of mining and oil and gas interests; (C) 1 representative of recreational interests; (D) 1 representative of environmental interests; (E) 1 representative of the School Institutional Trust Lands Administration of the State of Utah; (F) 1 representative of the Department of Natural Resources of the State of Utah; (G) 1 representative of other agencies of the State of Utah; (H) 1 representative of local communities; (I) 1 representative of Native Americans; and (J) 1 representative of the public at large. (d) Terms.--A member of the advisory committee shall serve for a term not to exceed 5 years, determined by the Secretary in consultation with the Governor of the State of Utah, and may serve more than 1 term. (e) Vacancies.--A vacancy on the advisory committee shall be filled in the same manner as the original appointment is made. A member of the advisory committee may serve until a successor is appointed. (f) Chairperson.--The advisory committee shall select 1 member to serve as chairperson. (g) Meetings.--The advisory committee shall meet regularly. (h) Quorum.--A majority of members shall constitute a quorum. (i) Compensation.--Members of the advisory committee shall serve without compensation, except that members shall be entitled to reimbursement of travel expenses including per diem while engaged in the business of the advisory committee, in accordance with section 5703 of title 5, United States Code. SEC. 13. MONUMENT PLANNING TEAM. The Secretary shall provide that the Monument planning team formed by the Secretary to prepare the management plan for the Monument includes at least 5 persons appointed by the Governor of the State of Utah to represent the State and local governments. SEC. 14. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to-- (1) provide for development and implementation of management plans, protection of Monument resources, visitor services and facilities, law enforcement, public safety, additional payments in lieu of taxes to impacted counties, economic mitigation, and the operation of the Monument advisory committee; and (2) facilitate the exchange of school trust lands.

Grand Staircase-Escalante Resource Protection Act - Requires the Grand Staircase-Escalante National Monument in Utah to be managed by the Secretary of the Interior as a special management area. Requires the Secretary to: (1) manage the resources within the Monument in accordance with the principles of multiple use and sustained yield (including recreation, range, timber, minerals, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical values), using principles of economic and ecologic sustainability; (2) provide for protection, interpretation, and responsible use of Monument resources; (3) manage such resources in a way that provides for economic sustainability of local communities; and (4) delegate authority to manage the Monument to the Director of the Bureau of Land Management (BLM). Makes the BLM the lead agency in all management decisions concerning the Monument. (Sec. 5) Requires the Secretary to: (1) recognize and give due deference to the exercise of any valid existing right, lease, permit, or authorization under any law with respect to the designation of the Monument; and (2) provide compensation for any such right determined to be taken as a result of the designation. Requires the Secretary to permit routine maintenance and improvement of roads and rights-of-way within Monument boundaries to ensure public safety and a high-quality visitor experience. (Sec. 6) Provides that grazing of livestock within the Monument shall continue and not be curtailed by reason of designation of the Monument. Sets forth provisions governing water rights. (Sec. 9) Requires the Secretary to: (1) submit a management plan to the Congress for the Monument by September 18, 1999; and (2) in the development and revision of such plan, use principles of multiple use and sustained yield and a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. Authorizes development and utilization of Monument resources if: (1) the President or the Congress determines it to be in the interests of the United States; or (2) in case of a national emergency. Requires the Secretary to modify any existing guidelines regarding management of the Monument to conform to the requirements of this Act. (Sec. 11) Requires the Secretary to provide necessary resources to expedite all exchanges of school trust lands within the Monument when sought by the School and Institutional Trust Lands Administration of Utah. Provides for valuation of school trust land sections. Requires the Secretary to: (1) submit an analysis to the Congress of the loss of Federal royalties that can be expected to result from designation of the Monument, based on research compiled by the U.S. Geological Survey; and (2) allow access to school trust lands within the Monument by Utah agencies. (Sec. 12) Establishes the Grand Staircase-Escalante National Monument Advisory Committee to: (1) advise the Secretary, the Director, and the Governor of Utah concerning the development, management, and interpretation of Monument resources and the development, exchange, or disposal of State school trust lands. (Sec. 13) Requires the Secretary to include on the Monument planning team at least five persons, appointed by the Governor, to represent Utah and local governments. (Sec. 14) Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Chemistry Research and Development Act of 2014''. SEC. 2. DEFINITIONS. In this Act-- (1) Advisory council.--The term ``Advisory Council'' means the advisory council established under section 3(d). (2) Interagency working group.--The term ``Interagency Working Group'' means the interagency working group established under section 3(c). (3) Program.--The term ``Program'' means the Sustainable Chemistry Program described in section 3. (4) Sustainable chemistry.--The term ``sustainable chemistry'' means the design, development, demonstration, and commercialization of high-quality chemicals and materials, chemical processes and products, and manufacturing processes that eliminate or reduce chemical risks to benefit human health and the environment across the chemical lifecycle, to the highest extent practicable, through-- (A) increasing the use of more sustainable, renewable, or recycled substances and materials; (B) increasing the use of substitutes for rare substances; (C) promoting safe and more efficient manufacturing; (D) minimizing lifecycle impacts, including environmental and health impacts; (E) optimizing product design and encouraging the reduction of waste and the reuse or recycling of chemicals and materials to account for the end of life or the final disposition of the product; or (F) increasing the design and use of safe molecules, chemicals, materials, chemistries, and chemical processes. SEC. 3. SUSTAINABLE CHEMISTRY PROGRAM. (a) In General.--The President shall establish an interagency Sustainable Chemistry Program to promote and coordinate Federal sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities. (b) Program Activities.--The activities of the Program shall be designed to-- (1) provide sustained support for sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training through-- (A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations; (C) grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products; (D) incentive prize competitions and challenges; (E) coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies; and (F) to the extent practicable, encouragement of consideration of sustainable chemistry in, as appropriate-- (i) the conduct of Federal and State science and engineering research and development; and (ii) the solicitation and evaluation of applicable proposals for science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of sustainable chemistry processes and products, including innovative financing mechanisms; (3) facilitate the adoption of sustainable chemistry innovations and methods; (4) expand the education and training of undergraduate and graduate students and professional scientists and engineers, including through partnerships with industry, in sustainable chemistry science and engineering; (5) collect and disseminate information on sustainable chemistry research, development, and technology transfer including information on-- (A) incentives and impediments to development, manufacturing, and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; (6) support (including through technical assistance, participation, financial support, or other forms of support) venues for outreach and dissemination of sustainable chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups; (7) support (including through technical assistance, participation, financial support, or other forms of support) economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of sustainable chemistry; (8) provide for public input and outreach to be integrated into the Program by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate; and (9) develop metrics to track the outputs and outcomes of the Program. (c) Interagency Working Group.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the President, in consultation with the Office of Science and Technology Policy, shall establish an Interagency Working Group that shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, the Department of Agriculture, the Department of Defense, the National Institutes of Health, and any other agency that the President may designate to oversee the planning, management, and coordination of the Program. (2) Governance.--The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency, or their designees, shall serve as co-chairs of the Interagency Working Group. (3) Responsibilities.--In overseeing the planning, management, and coordination of the Program, the Interagency Working Group shall-- (A) establish goals and priorities for the Program, in consultation with the Advisory Council; (B) provide for interagency coordination, including budget coordination, of activities under the Program; (C) meet not later than 90 days from its establishment and periodically thereafter; and (D) consult with the Advisory Council on a regular basis. (d) Advisory Council.-- (1) Establishment.--Not later than 180 days after the date of the establishment of the Interagency Working Group, the co- chairs of the Interagency Working Group shall establish an Advisory Council on Sustainable Chemistry that shall make recommendations to the Interagency Working Group and provide it with ongoing advice and assistance. (2) Membership.--The Advisory Council members shall not be employees of the Federal Government and shall include a diverse representation of knowledgeable individuals from the private sector (including small- and medium-sized enterprises from across the value chain), academia, State and tribal governments, and nongovernmental organizations and others who are in a position to provide expertise. (3) Conflict of interest.-- (A) In general.--The Interagency Working Group shall make its best efforts to ensure that-- (i) no individual appointed to serve on the Advisory Council has a conflict of interest that is relevant to the functions to be performed, unless such conflict is promptly and publicly disclosed and the Interagency Working Group determines that the conflict is unavoidable; (ii) the Advisory Council membership is fairly balanced as determined by the Interagency Working Group to be appropriate for the functions to be performed; (iii) any products of the Interagency Working Group will be the result of the Interagency Working Group's independent judgment; and (iv) the meetings and proceedings of the Advisory Council be open and available to the public. (B) Notification of conflicts.--The Interagency Working Group shall require that individuals nominated or appointed to serve on the Advisory Council inform the Interagency Working Group of any conflicts of interest that are relevant to the functions to be performed. (C) FACA applicability.--All proceedings and meetings of the Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (4) Governance.--The co-chairs of the Interagency Working Group-- (A) may appoint new members of the Advisory Council as needed; and (B) shall appoint the original Chair to serve a term of 1 year. (5) Appointment of chair.--The Advisory Council shall appoint a Chair from among the members of the Advisory Council after the term of the original Chair appointed under paragraph (3)(B) expires. (e) Agency Budget Requests.-- (1) In general.--Each Federal agency and department participating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget that-- (A) identifies the activities of the agency or department that contribute directly to the Program; and (B) states the portion of the agency or department's request for appropriations that is allocated to those activities. (2) Annual budget request to congress.--The President shall include in the annual budget request to Congress a statement of the portion of the annual budget request for each agency or department that will be allocated to activities undertaken pursuant to the Program. (f) Report to Congress.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall submit a report to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate that shall include-- (A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities; (B) a summary of the financial resources allocated to sustainable chemistry initiatives; (C) an analysis of the progress made toward achieving the goals and priorities of this Act, and recommendations for future program activities; (D) an assessment of the benefits of expanding existing, federally supported regional innovation and manufacturing hubs to include sustainable chemistry and the value of directing the creation of one or more dedicated sustainable chemistry centers of excellence or hubs; and (E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices between participating agencies in the Program. (2) Submission to gao.--The Interagency Working Group shall also submit the report described in paragraph (1) to the Government Accountability Office for consideration in future congressional inquiries. SEC. 4. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. (a) Authorization.--The Interagency Working Group shall lead the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to-- (1) create collaborative research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies by methods including-- (A) developing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists and engineers; and (B) publicizing the availability of professional development courses in sustainable chemistry and recruiting scientists and engineers to pursue such courses. (b) Guidelines.--The Interagency Working Group shall establish guidelines and criteria for-- (1) a partnership between a company in the chemical industry and an institution of higher education eligible for a grant under subsection (a); and (2) the grant application and awarding process, which shall include-- (A) competitive, merit-based review of each grant application; and (B) cost-sharing from non-Federal sources by members of the partnerships. SEC. 5. STUDY OF SUSTAINABLE CHEMISTRY. The Director of the National Science Foundation shall enter into an arrangement with the National Research Council to conduct a study that shall-- (1) assess the current status of sustainable chemistry research in the United States, and suggest high-priority research and development needs within sustainable chemistry; (2) examine the status of sustainable chemistry in the education of chemists and chemical engineers and other relevant professions and identify recommendations to improve and broaden the implementation of sustainable chemistry practices in science and engineering education, including examining the role of toxicology, chemical hazard and risk assessment, lifecycle assessment, and environmental fate and effects in science and engineering education; (3) examine case studies of successful and unsuccessful attempts at commercialization and adoption of sustainable chemistry processes and products in the United States and abroad and recommend research areas, priorities, and public policy options that would help to overcome identified barriers to commercialization; and (4) using available economic analyses, discuss the potential economic impact of sustainable chemistry, including job creation. SEC. 6. NATIONAL STRATEGY AND IMPLEMENTATION PLAN. Not later than 2 years after the release of the study described in section 5, the Interagency Working Group, in consultation with the Advisory Council, shall produce a national strategy and accompanying implementation plan for sustainable chemistry that provides a framework for advancing sustainable chemistry research, development, technology transfer, commercialization, and education and training. SEC. 7. PRIORITIZATION. In carrying out this Act, the Interagency Working Group shall prioritize support for activities that achieve, to the highest extent practicable, the goals of sustainable chemistry.

Sustainable Chemistry Research and Development Act of 2014 - Directs the President to establish an interagency Sustainable Chemistry Program to promote and coordinate federal sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities. Directs the President to establish an Interagency Working Group that includes representatives from specified federal agencies to oversee the planning, management, and coordination of the Program. Requires the Interagency Working Group to establish an Advisory Council on Sustainable Chemistry to make recommendations to it and provide it with advice and assistance. Requires participating agencies to report to the Office of Management and Budget (OMB) on Program activities and appropriations. Requires the Interagency Working Group to submit a report to Congress, as well as to the Government Accountability Office (GAO). Instructs the Interagency Working Group to lead agencies in awarding grants to institutions of higher education to establish partnerships with companies across the value chain in the chemical industry to: (1) create collaborative research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies. Requires the Director of the National Science Foundation (NSF) to contract with the National Research Council to assess the current status of sustainable chemistry research in the United States. Directs the Interagency Working Group to produce a national strategy for sustainable chemistry that provides a framework for advancing sustainable chemistry research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Opportunity and Growth Act of 2003''. SEC. 2. EXCEPTION FROM TAX ON RECOGNIZED BUILT-IN GAIN OF S CORPORATIONS. (a) In General.--Section 1374 of the Internal Revenue Code of 1986 (relating to tax imposed on certain built-in gains) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Exception for Reinvested Amounts.-- ``(1) In general.--If an existing S corporation has a net recognized built-in gain for any taxable year in the recognition period (determined by taking into account only assets held on March 27, 2003) and elects the application of this subsection, the amount of such gain on which tax is imposed by subsection (a) shall not exceed the amount equal to the excess of-- ``(A) the amount realized on the disposition of those assets that resulted in such gain, over ``(B) the excess of-- ``(i) the aggregate qualified expenditures made by the S corporation during the nonrecognition period, over ``(ii) the portion (if any) of such expenditures previously taken into account under this subsection. ``(2) Payment of tax.--If-- ``(A) the return of an S corporation shows that no tax is required to be paid on an amount of recognized built-in gain for any taxable year by reason of paragraph (1) because the S corporation anticipates making qualified expenditures during the succeeding taxable year, and ``(B) as of the close of such succeeding taxable year, tax is required to be paid on such amount because of the failure to make such expenditures, then the tax imposed by this chapter for the first taxable year of the nonrecognition period shall be increased by 10 percent of the increase in tax (determined without regard to this paragraph) for such year by reason of the failure to make such expenditures. ``(3) Qualified expenditures.--For purposes of this subsection, the term `qualified expenditures' means-- ``(A) amounts chargeable to capital account for property used in a trade or business of the S corporation, ``(B) payments of principal and interest on pre- effective date debt of the S corporation, and ``(C) amounts distributed to shareholders to the extent such amounts do not exceed the aggregate of such shareholders' tax imposed by this chapter (and State and local taxes) on amounts attributable to the disposition of those assets that resulted in such net recognized built-in gain. Payments of principal as part of a refinancing of pre-effective date debt shall not be taken into account under subparagraph (B). ``(4) Nonrecognition period.--For purposes of this subsection, the term `nonrecognition period' means, with respect to a taxable year for which an S corporation has a net recognized built-in gain, such taxable year and the succeeding taxable year. ``(5) Pre-effective date debt.--For purposes of paragraph (2)(B), the term `pre-effective date debt' means-- ``(A) debt incurred before March 27, 2003, and ``(B) debt incurred on or after such date to refinance debt described in subparagraph (A) (or refinanced indebtedness meeting the requirements of this subparagraph) to the extent that (immediately after the refinancing) the principal amount of the indebtedness resulting from the refinancing does not exceed the principal amount of the refinanced indebtedness (immediately before the refinancing). ``(6) Anti-abuse rule.--Solely for purposes of determining the treatment of distributions to shareholders under section 1368 during the recognition period-- ``(A) any increase in the accumulated adjustment account and shareholder basis by reason of the disposition of those assets that resulted in the net recognized built-in gain shall not exceed the amounts described in paragraph (2)(C), and ``(B) any increase in such account and shareholder basis which is not permitted under subparagraph (A) shall occur immediately after the recognition period. ``(7) Existing s corporation.--The term `existing S corporation' means any S corporation for which an election under section 1362 is filed before March 27, 2003.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning during or after the calendar year which includes the date of the enactment of this Act but only with respect to built-in gain recognized after such date.

Small Business Opportunity and Growth Act of 2003 - Amends the Internal Revenue Code to provide that the tax imposed on the recognition of built-in gain by an S corporation shall not apply to the extent such gain is reinvested in the business.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Norman Yoshio Mineta Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Norman Yoshio Mineta was born November 12, 1931, in San Jose, California, to immigrant parents, Kunisaku and Kane Mineta, from Shizouka prefecture in Japan. (2) In 1942, Mineta and his family were forcibly relocated to the Heart Mountain Relocation Center in Wyoming. They were among 120,000 people of Japanese ancestry, two-thirds of whom were natural-born United States citizens, sent to internment camps by the United States Government during the Second World War. (3) After graduating from the University of California at Berkeley, Mineta served as an intelligence officer for the United States Army in Korea and Japan from 1953 to 1956. Mineta then joined his father's insurance business located in San Jose's Japantown. (4) In 1966, Mineta accepted an appointment to the San Jose Housing Authority, believing community involvement to be essential to civic life and the full integration of Japanese Americans into his hometown. He became a city councilmember one year later. (5) Mineta was elected mayor of San Jose in 1971, becoming the first Asian American mayor of a major American city in the continental United States. As mayor, he worked to economically develop San Jose as ``Silicon Valley'' was forming, and also strengthened community relations by engaging racial and ethnic minorities through San Jose city departments and agencies, including the San Jose Police Department. (6) From 1975 to 1995, Mineta served as a Member of the U.S. House of Representatives, representing the heart of Santa Clara County and Silicon Valley. He served on numerous committees, including the Budget, Intelligence, and Science committees. He served longest on the House Public Works and Transportation Committee, now known as the Transportation and Infrastructure Committee, including as Committee Chairman. (7) In 1978, Mineta, along with Representative Frank Horton (R-NY), introduced a bipartisan joint resolution authorizing and requesting the President to proclaim the 7-day period beginning on May 4, 1979, as ``Asian/Pacific American Heritage Week''. May is the month when the first Japanese immigrants arrived in the United States in 1843, and also when Chinese laborers completed the transcontinental railroad in 1869. The resolution became Public Law that year, and was later expanded to recognize the month of May as Asian Pacific American Heritage Month. (8) In 1987, Mineta had the honor of signing the Civil Liberties Act which offered an official apology and redress for the grave injustices committed against Americans of Japanese ancestry during World War II, on behalf of the House of Representatives when acting as Speaker pro tempore. In a culmination of a 10-year bipartisan effort, President Ronald Reagan signed the bill into law as Public Law 100-383 on August 10, 1988. (9) Throughout his tenure in the House of Representatives, Mineta was a strong advocate for transportation laws which made air travel safer and aviation and transit systems more accessible to Americans with disabilities. He also authored the Intermodal Surface Transportation Efficiency Act of 1991, which gave State, local, and regional governments greater control over the use of Federal dollars in their communities. (10) Mineta co-founded the Congressional Asian Pacific American Caucus and the Asian Pacific American Institute for Congressional Studies in 1994, which today continue to promote the well-being and full participation of these communities in American civic life. (11) In 2000, Mineta became the first Asian American to serve in a Presidential Cabinet as the Secretary of Commerce under President William J. Clinton. (12) In 2001, Mineta continued his dedication to public service and bipartisanship by serving as Secretary of Transportation under President George W. Bush. (13) Mineta was at the helm of the Department of Transportation on the day of the September 11, 2001, terrorist attacks. In the aftermath of the attacks and through the end of his tenure as Secretary of Transportation, he ushered in critical reforms to the Nation's transportation and security screening networks. (14) In 2001, the San Jose City Council announced that the city's airport was to be renamed the Norman Y. Mineta San Jose International Airport. (15) Mineta received the Presidential Medal of Freedom, the highest civilian award in the United States, in 2006 from President George W. Bush, and the Grand Cordon, Order of the Rising Sun, from the Government of Japan, which is the highest honor bestowed upon an individual outside of Japan. (16) Having personally experienced the wrongful indignity of internment as a child by his own government, Norman Yoshio Mineta has dedicated his life to public service, to his community, and to his country, and has done so with exemplary dignity and integrity. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Norman Yoshio Mineta, in recognition of his courageous, principled dedication to public service, civic engagement, and civil rights. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Norman Yoshio Mineta Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Norman Yoshio Mineta in recognition of his dedication to public service, civic engagement, and civil rights.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Ricky Ray Hemophilia Relief Fund Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--HEMOPHILIA RELIEF FUND Sec. 101. Ricky Ray Hemophilia Relief Fund. Sec. 102. Compassionate payment. Sec. 103. Determination and payment. Sec. 104. Limitation on transfer of rights and number of petitions. Sec. 105. Time limitation. Sec. 106. Certain claims not affected by payment. Sec. 107. Limitation on agent and attorney fees. Sec. 108. Definitions. TITLE II--TREATMENT OF CERTAIN PRIVATE SETTLEMENT PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS Sec. 201. Treatment of certain private settlement payments in hemophilia-clotting-factor suit under the Medicaid and SSI programs. TITLE I--HEMOPHILIA RELIEF FUND SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Ricky Ray Hemophilia Relief Fund'', which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Secretary of Health and Human Services under section 103. (d) Termination.--The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of the 5-year period, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury of the United States. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Fund to carry out this title $1,771,400,000. SEC. 102. COMPASSIONATE PAYMENT. (a) Eligible Individuals.-- (1) In general.--If the conditions described in subsection (b) are met and if there are sufficient amounts in the Fund to make the payment involved, the Secretary shall make a single payment of $100,000 from the Fund to any individual-- (A) who-- (i) has an HIV infection; or (ii) is diagnosed with AIDS; and (B) who is described in paragraph (2). (2) Requirement.--An individual described in this paragraph is any of the following individuals: (A) An individual who-- (i) has any form of blood-clotting disorder, such as hemophilia, and was treated with antihemophilic factor at any time during the period beginning on July 1, 1982, and ending on December 31, 1987; or (ii) was treated with HIV contaminated blood transfusion, HIV contaminated blood components, or HIV contaminated human tissue during the period beginning on January 1, 1982, and ending on March 31, 1985. (B) An individual who-- (i) is the lawful spouse of an individual described in subparagraph (A); or (ii) is the former lawful spouse of an individual described in subparagraph (A) and was the lawful spouse of the individual at any time after a date, within the applicable period described in such subparagraph, on which the individual was treated as described in such paragraph and through medical documentation can assert reasonable certainty of transmission of HIV from the individual described in such subparagraph. (C) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in subparagraph (A) or (B). (b) Conditions.--The conditions described in this subsection are, with respect to an individual, as follows: (1) Submission of medical documentation.--The individual submits to the Secretary written medical documentation that-- (A) the individual has (or had) an HIV infection; and (B)(i) in the case of an individual described in subsection (a)(2)(A)(i), that the individual has (or had) a blood-clotting disorder, such as hemophilia, and was treated as described in such section; and (ii) in the case of an individual described in subsection (a)(2)(A)(ii), the individual was treated with HIV contaminated blood transfusion, HIV contaminated blood components, or HIV contaminated human tissue provided by a medical professional during the period described in such subsection. (2) Petition.--A petition for the payment is filed with the Secretary by or on behalf of the individual. (3) Determination.--The Secretary determines, in accordance with section 103(b), that the petition meets the requirements of this title. SEC. 103. DETERMINATION AND PAYMENT. (a) Establishment of Filing Procedures.--The Secretary of Health and Human Services shall establish procedures under which individuals may submit petitions for payment under this title. (b) Determination.--For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title. (c) Payment.-- (1) Order of payments.-- (A) General rule.--Except as provided in this paragraph, to the extent there are sufficient amounts in the Fund to cover each payment, the Secretary shall pay, from the Fund, each petition that the Secretary determines meets the requirements of this title in the order received. (B) Priority payment.--During the 180 day period beginning on the date on which the Secretary begins accepting petitions under this title, the Secretary shall only make payments to individuals described in section 102(a)(2)(A)(i). (C) Other payments.--Upon the expiration of the period described in subparagraph (B), the Secretary shall make payments under this title as provided for in subparagraph (A). (2) Payments in case of deceased individuals.-- (A) In general.--In the case of an individual referred to in section 102(a)(1)(A)(ii) who is deceased at the time that payment is made under this section on a petition filed by or on behalf of the individual, the payment shall be made as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. (B) Filing of petition by survivor.--If an individual eligible for payment under section 102(a) dies before filing a petition under this title, a survivor of the individual may file a petition for payment under this title on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) Definitions.--For purposes of this paragraph: (i) The term ``spouse'' means an individual who was lawfully married to the relevant individual at the time of death. (ii) The term ``child'' includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) The term ``parent'' includes fathers and mothers through adoption. (3) Timing of payment.--The Secretary may not make a payment on a petition under this title before the expiration of the 120-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (d) Action on Petitions.-- (1) In general.--The Secretary shall complete the determination required by subsection (b) regarding a petition not later than 120 days after the date the petition is filed under this title. (2) Petitions by certain individuals.--In the case of a petition filed by an individual described in section 102(a)(2)(A)(ii), the Secretary may not make a payment on such petition prior to the expiration of the period described in subsection (c)(1)(B). (e) Humanitarian Nature of Payment.--This Act does not create or admit any claim of or on behalf of the individual against the United States or against any officer, employee, or agent thereof acting within the scope of employment or agency that relate to an HIV infection arising from treatment described in section 102(a)(2). A payment under this Act shall, however, when accepted by or on behalf of the individual, be in full satisfaction of all such claims by or on behalf of that individual. (f) Administrative Costs Not Paid From Fund.--No costs incurred by the Secretary in carrying out this title may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) Termination of Duties of Secretary.--The duties of the Secretary under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits, and such benefits shall not be secondary to, conditioned upon reimbursement from, or subject to any reduction because of receipt of, any such payment; and (3) shall not be treated as a third party payment or payment in relation to a legal liability with respect to such benefits and shall not be subject (whether by subrogation or otherwise) to recovery, recoupment, reimbursement, or collection with respect to such benefits (including the Federal or State governments or any entity that provides such benefits under a contract). (i) Regulatory Authority.--The Secretary may issue regulations necessary to carry out this title. (j) Time of Issuance of Procedures.--The Secretary shall, through the promulgation of appropriate regulations, guidelines, or otherwise, first establish the procedures to carry out this title not later than 120 days after the date of the enactment of this Act. SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS. (a) Rights Not Assignable or Transferable.--Any right under this title shall not be assignable or transferable. (b) 1 Petition With Respect to Each Victim.--With respect to each individual described in subparagraph (A), (B), or (C) of section 102(a)(2), the Secretary may not make payment with respect to more than 1 petition filed in respect to an individual. SEC. 105. TIME LIMITATION. The Secretary may not make any payment with respect to any petition filed under this title unless the petition is filed within 3 years after the date of the enactment of this Act. SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 103(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the payment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES. Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the petition of an individual under this title, more than 5 percent of a payment made under this title on the petition. Any such representative who violates this section shall be fined not more than $50,000. SEC. 108. DEFINITIONS. For purposes of this title: (1) The term ``AIDS'' means acquired immune deficiency syndrome. (2) The term ``Fund'' means the Ricky Ray Hemophilia Relief Fund. (3) The term ``HIV'' means human immunodeficiency virus. (4) Unless otherwise provided, the term ``Secretary'' means Secretary of Health and Human Services. TITLE II--TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE SSI PROGRAM SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS. (a) Private Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of-- (A) medical assistance under title XIX of the Social Security Act, or (B) supplemental security income benefits under title XVI of the Social Security Act. (2) Private payments described.--The payments described in this subsection are-- (A) payments made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corporation, et al., 96-C-5024 (N.D. Ill.); and (B) payments made pursuant to a release of all claims in a case-- (i) that is entered into in lieu of the class settlement referred to in subparagraph (A); and (ii) that is signed by all affected parties in such case on or before the later of-- (I) December 31, 1997, or (II) the date that is 270 days after the date on which such release is first sent to the persons (or the legal representative of such persons) to whom the payment is to be made. (b) Government Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of supplemental security income benefits under title XVI of the Social Security Act. (2) Government payments described.--The payments described in this subsection are payments made from the fund established pursuant to section 101 of this Act.

TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1998 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 102) Mandates a payment of $100,000 from the Fund to any individual who has a human immunodeficiency virus (HIV) infection if the individual: (1) has a blood-clotting disorder (such as hemophilia) and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) was treated with HIV-contaminated blood components or HIV-contaminated human tissue between January 1, 1982, and March 31, 1985; (3) is the lawful current or former spouse of such individual and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (4) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Declares that this Act does not create or admit any claim against the United States relating to HIV infection, but makes an accepted payment full satisfaction of all such claims by that individual. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the SSI Programs - Prohibits a settlement payment in a specified class action lawsuit, payments related to a release of claims regarding that suit, or a payment under title I of this Act from being considered income or resources in determining a class member's eligibility for, or the amount of medical assistance under the Medicaid program or benefits under, the Supplemental Security Income program (titles XIX and XVI of the Social Security Act).

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Development Foundation Act of 2007''. SEC. 2. RENAMING OF FOUNDATION. (a) Renaming.--Section 503(a) of the African Development Foundation Act (22 U.S.C. 290h-1(a)) is amended by striking ``African Development Foundation'' and inserting ``United States African Development Foundation''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the African Development Foundation shall be considered to be a reference to the United States African Development Foundation. SEC. 3. FUNCTIONS OF THE FOUNDATION. (a) Entities Eligible To Receive Grants, Loans, and Loan Guarantees.--Paragraph (1) of subsection (a) of section 505 of such Act (22 U.S.C. 290h-3(a)(1)) is amended by inserting after ``other entity'' the following: ``(including small- and medium-sized enterprises)''. (b) Use of Grant and Loan Funds.--Subparagraph (A) of such paragraph (22 U.S.C. 290h-3(a)(1)(A)) is amended by striking ``local development institutions and the support of development efforts initiated by communities themselves'' and inserting ``local development institutions, including capital and technical assistance funds that promote the purposes of this title, and the support of development efforts initiated by communities themselves or their members''. (c) Increased Limitation on Funding of Individual Projects.-- Paragraph (2) of such subsection (22 U.S.C. 290h-3(a)(2)) is amended by striking ``$250,000.'' and inserting ``$400,000. This funding limitation may be exceeded only in exceptional circumstances and with the approval of the Board of Directors and notification to Congress. Approval of the Board of Directors and notification to Congress shall not be required in the case of an increase of less than $50,000 that is necessary to maintain the original value of an award in local currency.''. (d) Community Project Priorities.--Subsection (b) of such section (22 U.S.C. 290h-3(b)) is amended-- (1) in the first sentence, by striking ``making grants, loans, and loan guarantees'' and all that follows through ``development'' and inserting ``making awards under subsection (a), the Foundation shall give priority to projects which community groups and small- and medium-sized enterprises undertake to foster development at the community level''; and (2) in the second sentence, by striking ``make such grants, loans, and loan guarantees'' and inserting ``make awards''. (e) Authority To Make Awards to Non-African Entities.--Such section is further amended by adding at the end the following new subsection: ``(c) Authority To Make Awards to Non-African Entities.--Upon the approval of the Board of Directors and notification to Congress, the Foundation may make an award to a small- or medium-sized enterprise that is not wholly-owned and controlled by indigenous Africans if it meets the following requirements: ``(1) Ownership of the entity is predominantly vested in one or more individuals who are indigenous to Africa and who are representative and knowledgeable of, and have a history of responding to, the needs and aspirations of the poor. ``(2) Management and daily business operations of the entity are controlled by one or more individuals who are indigenous to and reside in Africa.''. (f) Authority To Provide Training and Other Technical Assistance.-- Such section, as amended by subsection (e), is further amended by adding at the end the following new subsection: ``(d) Authority To Provide Training and Other Technical Assistance.--The Foundation may provide training and other assistance to entities described in subsection (a) and to entities described in subsection (c), subject to the requirements of such subsection, in order to carry out the purposes specified in section 504.''. SEC. 4. POWERS OF FOUNDATION. Section 506(a) of such Act (22 U.S.C. 290h-4(a)) is amended-- (1) by redesignating paragraphs (9), (10), (11), and (12) as paragraphs (10), (12), (13), and (14), respectively; (2) by inserting after paragraph (8) the following new paragraph: ``(9) may make advance payments in an African country in accordance with lease or rental agreements for periods of time determined by law or custom;''; and (3) by inserting after paragraph (10), as redesignated by paragraph (2) of this section, the following new paragraph: ``(11) may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts in furtherance of the purposes of this Act;''. SEC. 5. MANAGEMENT OF FOUNDATION. (a) Reimbursement of Transportation Expenses.--Subsection (b) of section 507 of such Act (22 U.S.C. 290h-5(b)) is amended by inserting after ``transportation expenses'' the following: ``(in accordance with the Federal Travel Regulations (chapters 300 through 304 of title 41, Code of Federal Regulations))''. (b) Limited Authority To Make Appointments Without Regard to Certain Civil Service Laws.--Subsection (d) of such section (22 U.S.C. 290h-5(d)) is amended by adding at the end the following new paragraph: ``(3) Subject to the full time equivalent (FTE) ceiling of the Foundation, the president may, without regard to civil service laws governing appointments in the competitive service, provide time-limited appointments lasting up to 4 years to not more than 4 individuals. Individuals so appointed shall be subject to termination without regard to chapter 75 of title 5, United States Code.''. (c) Elimination of Requirement To Establish Advisory Council.-- Subsection (e) of such section is amended-- (1) in paragraph (1), by striking ``shall'' and inserting ``may''; and (2) in paragraph (2), by striking ``The Board'' and inserting ``If an advisory council is established under paragraph (1), the Board''.

African Development Foundation Act of 2007 - Amends the African Development Foundation Act to rename the African Development Foundation as the United States African Development Foundation. Increases individual project funding limits. Authorizes the Foundation to make awards to qualifying small- or medium-sized entities that are not wholly owned or controlled African entities. Authorizes (current law requires) the Foundation's Board of Directors to establish an advisory council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Staffing Improvement Act''. SEC. 2. PROGRAM TO INCREASE EFFICIENCY IN THE RECRUITMENT AND HIRING BY THE DEPARTMENT OF VETERANS AFFAIRS OF HEALTH CARE WORKERS UNDERGOING SEPARATION FROM THE ARMED FORCES. (a) Program.--The Secretary of Veterans Affairs shall, in coordination with the Secretary of Defense, carry out a program to recruit individuals who are undergoing separation from the Armed Forces and who served in a health care capacity while serving as a member of the Armed Forces. The program shall be known as the ``Docs-to-Doctors Program''. (b) Sharing of Information.-- (1) Submittal of list.--For purposes of carrying out the program, not less frequently than once per year (or a shorter period that the Secretary of Veterans Affairs and the Secretary of Defense may jointly specify), the Secretary of Defense shall submit to the Secretary of Veterans Affairs a list of members of the Armed Forces, including the reserve components, who-- (A) served in a health care capacity while serving as a member of the Armed Forces; (B) are undergoing or have undergone separation from the Armed Forces during the period covered by the list; and (C) will be discharged from the Armed Forces under honorable conditions, as determined by the Secretary of Defense, or have been discharged from the Armed Forces under honorable conditions during the period covered by the list. (2) Use of occupational codes.--Each list submitted under paragraph (1) shall include members of the Armed Forces who were assigned a Military Occupational Specialty code, an Air Force Specialty Code, or a United States Navy rating indicative of service in a health care capacity. (3) Information included.--Each list submitted under paragraph (1) shall include the following information, to the extent such information is available to the Secretary of Defense, with respect to each member of the Armed Forces included in such list: (A) Contact information. (B) Rank upon separation from the Armed Forces. (C) A description of health care experience while serving as a member of the Armed Forces and other relevant health care experience, including any relevant credential, such as a certificate, certification, or license, including the name of the institution or organization that issued the credential. (4) Consultation with secretary of homeland security.--In submitting each list under paragraph (1), the Secretary of Defense shall consult with the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy. (c) Resolution of Barriers to Employment.-- (1) In general.--In carrying out the program, the Secretary of Veterans Affairs shall, in coordination with the Secretary of Defense, work to resolve any barriers relating to credentialing or to specific hiring rules, procedures, and processes of the Department of Veterans Affairs that may delay or prevent the hiring of individuals who are undergoing separation from the Armed Forces and who served in a health care capacity while serving as a member of the Armed Forces, including by reconciling different credentialing processes and standards between the Department of Veterans Affairs and the Department of Defense. (2) Report.--If the Secretary of Veterans Affairs determines that a barrier described in paragraph (1) cannot be resolved under such paragraph, the Secretary shall, not later than 90 days after the discovery of the barrier, submit to Congress a report that includes such recommendations for legislative and administrative action as the Secretary considers appropriate to resolve the barrier, including any barrier imposed by a State. (d) Treatment of Applications for Employment.--An application for employment in the Department of Veterans Affairs in a health care capacity received by the Secretary of Veterans Affairs from a member or former member of the Armed Forces who is on a list submitted to the Secretary under subsection (b) shall not be considered an application from outside the work force of the Department for purposes of section 3330 of title 5, United States Code, and section 335.105 of title 5, Code of Federal Regulations (as in effect on the date of the enactment of this Act), if the application is received not later than one year after the separation of the member or former member from the Armed Forces. SEC. 3. UNIFORM CREDENTIALING STANDARDS FOR CERTAIN HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 74 of title 38, United States Code, is amended by inserting after section 7423 the following new section: ``Sec. 7423A. Personnel administration: uniform credentialing process. ``(a) Uniform Process.--The Secretary shall implement a uniform credentialing process for employees of the Veterans Health Administration for each position specified in section 7421(b) of this title. ``(b) Recognition Throughout Administration.--If an employee of the Administration in a position specified in section 7421(b) of this title is credentialed under this section for purposes of practicing in a location within the Administration, such credential shall be deemed to be sufficient for the employee to practice in any location within the Administration. ``(c) Renewal.--(1) Except as provided in paragraph (2), the Secretary may provide for the renewal of credentials under this section pursuant to such regulations as the Secretary may prescribe for such purpose. ``(2) Renewal of credentials under this section may not be required solely because an employee moves from one facility of the Department to another.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by inserting after the item relating to section 7423 the following new item: ``7423A. Personnel administration: uniform credentialing process.''. (c) Effective Date.--The Secretary of Veterans Affairs shall implement the uniform credentialing process required under section 7423A of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. SEC. 4. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Full Practice Authority.--The Secretary of Veterans Affairs shall provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed health care professionals of the Department of Veterans Affairs as the Secretary considers appropriate consistent with the education, training, and certification of such health care professionals. (b) Inapplicability of State Limitations.--Full practice authority shall be provided by the Secretary under subsection (a) to health care professionals described in that subsection without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a licensing or credentialing body of a State or otherwise under State law. (c) Definitions.--In this section: (1) Advanced practice registered nurse.--The term ``advanced practice registered nurse'' has the meaning given that term in section 5509(e)(1) of Public Law 111-148 (42 U.S.C. 1395ww note). (2) Full practice authority.--The term ``full practice authority'' means-- (A) with respect to an advanced practice registered nurse, the full scope of practice for the area of nursing practiced by the advanced practice registered nurse as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of nursing; (B) with respect to a physician assistant, the full scope of practice for the area of medicine practiced by the physician assistant as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine; and (C) with respect to any other licensed health care professional not specified in subparagraph (A) or (B), the full scope of practice for the area of medicine practiced by the licensed health care professional as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine. (3) Physician assistant.--The term ``physician assistant'' has the meaning given that term in section 1861(aa)(5)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(5)(A)).

Veterans Health Care Staffing Improvement Act This bill directs the Department of Veterans Affairs (VA) to carry out a Docs-to-Doctors Program to recruit individuals separating from the Armed Forces who served in a health care capacity in the Armed Forces. The VA shall: (1) implement a uniform credentialing process for certain health care employees of the Veterans Health Administration; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as consistent with their education, training, and certification.

SECTION 1. OFFICE FOR MINORITY VETERANS. (a) In General.--Section 317 of title 38, United States Code, is amended to read as follows: ``Sec. 317. Office for Minority Veterans ``(a) There is in the Department an Office for Minority Veterans. ``(b)(1) There is at the head of the Office a Director who shall be appointed by the Secretary. The Director shall be a career appointee in the Senior Executive Service. In appointing the Director, the Secretary shall give preference to the appointment of a veteran. The Director shall be appointed for a term of six years and may be reappointed for an additional term. ``(2) There is in the Office a Deputy Director who is the principal assistant of the Director. The Deputy Director shall perform such functions as the Director shall prescribe. ``(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Office. ``(d) The Director shall perform the following functions with respect to veterans who are minority group members: ``(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minority group members. ``(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minority group members are eligible. ``(3) Promote the use of benefits authorized by this title by veterans who are minority group members and the conduct of outreach activities to veterans who are minority group members, in conjunction with outreach activities carried out under chapter 77 of this title. ``(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minority group members. ``(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minority group members and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. ``(6) Analyze and evaluate complaints made by or on behalf of veterans who are minority group members about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. ``(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minority group members. ``(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minority group members. ``(9) Publicize the results of medical research which are of particular significance to veterans who are minority group members. ``(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (relating to the inclusion of women and minorities in clinical research) and of particular health conditions affecting the health or minority group members which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are minority group members. ``(11) Perform such other duties consistent with this section as the Secretary shall prescribe. ``(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Office in a timely manner. ``(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Office; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Office to comply with its statutory and regulatory duties; and ``(3) a report on the activities and significant accomplishments of the Office during the preceding fiscal year. ``(g) In this section, the term `minority group member' means an individual who is-- ``(1) Asian American; ``(2) Black; ``(3) Hispanic; ``(4) Native American (including American Indian, Alaskan Native, and Native Hawaiian); or ``(5) Pacific-Islander American.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking out the item relating to section 317 and inserting in lieu thereof the following: ``317. Office for Minority Veterans.''. SEC. 2. ADVISORY COMMITTEE ON MINORITY VETERANS. (a) Establishment.--Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 544. Advisory Committee on Minority Veterans ``(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as ``the Committee''). ``(2)(A) The Committee shall consist of members appointed by the Secretary from the general public, including-- ``(i) representatives of veterans who are minority group members; ``(ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members; ``(iii) veterans who are minority group members and who have experience in a military theater of operations; and ``(iv) veterans who are minority group members and who do not have such experience. ``(B) The Committee shall include, as ex officio members-- ``(i) the Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans' Employment); ``(ii) the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense); ``(iii) the Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior); ``(iv) the Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce); ``(v) the Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services); and ``(vi) the Under Secretary for Health and the Under Secretary for Benefits, or their designees. ``(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee. ``(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service. ``(4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year. ``(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for veterans who are minority group members, reports and studies pertaining to such veterans and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department. ``(c)(1) Not later than July 1 of each even-numbered year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are minority group members. Each such report shall include-- ``(A) an assessment of the needs of veterans who are minority group members with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department; ``(B) a review of the programs and activities of the Department designed to meet such needs; and ``(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. ``(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate. ``(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. ``(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section. ``(d) In this section, the term `minority group member' means an individual who is-- ``(1) Asian American; ``(2) Black; ``(3) Hispanic; ``(4) Native American (including American Indian, Alaskan Native, and Native Hawaiian); or ``(5) Pacific-Islander American.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 543 the following new item: ``544. Advisory Committee on Minority Veterans.''. SEC. 3. REPRESENTATIVES FOR MINORITY VETERANS AT DEPARTMENT FACILITIES. The Secretary of Veterans Affairs shall designate an appropriate official at each regional office of the Department of Veterans Affairs and at each medical facility of the Department to serve as the minority affairs officer of the Department at the office or facility. The officials shall perform such functions as the Secretary shall prescribe. SEC. 4. OFFICE FOR WOMEN VETERANS. (a) In General.--(1) Chapter 3 of title 38, United States Code, as amended by section 1(a) of this Act, is further amended by adding at the end the following new section: ``Sec. 318. Office for Women Veterans ``(a) There is in the Department an Office for Women Veterans. ``(b)(1) There is at the head of the Office a Director who shall be appointed by the Secretary. The Director shall be a career appointee in the Senior Executive Service. In appointing the Director, the Secretary shall give preference to the appointment of a veteran. The Director shall be appointed for a term of six years and may be reappointed for an additional term. ``(2) There is in the Office a Deputy Director who is the principal assistant of the Director. The Deputy Director shall perform such functions as the Director shall prescribe. ``(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Office. ``(d) The Director shall perform the following functions with respect to veterans who are women: ``(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women. ``(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible. ``(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title. ``(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women. ``(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. ``(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. ``(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women. ``(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women. ``(9) Publicize the results of medical research which are of particular significance to veterans who are women. ``(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (relating to the inclusion of women and minorities in clinical research) and of particular health conditions affecting womens' health which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women. ``(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title. ``(12) Perform such other duties consistent with this section as the Secretary shall prescribe. ``(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Office in a timely manner. ``(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Office; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Office to comply with its statutory and regulatory duties; and ``(3) a report on the activities and significant accomplishments of the Office during the preceding fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter, as amended by section 1(b) of this Act, is further amended by adding at the end the following new item: ``318. Office for Women Veterans.''. SEC. 5. ADVISORY COMMITTEE ON WOMEN VETERANS. (a) Members.--Paragraph (2)(A) of section 542(a) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of clause (ii); (2) by striking out the period at the end of clause (iii) and inserting in lieu a semicolon; and (3) by adding at the end the following: ``(iii) women veterans who have experience in a military theater of operations; and ``(iv) women veterans who do not have such experience.''.

Establishes in the Department of Veterans Affairs an Office for Minority Veterans, headed by a Director who shall be appointed by the Secretary of Veterans Affairs. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the implementation of policies and programs affecting veterans who are minority group members (Asian American, Black, Hispanic, Native American, or Pacific-Islander American). Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget. Directs the Secretary to establish the Advisory Committee on Minority Veterans. Requires the Committee to report biennially to the Secretary, who shall report to the Congress, on Department programs and activities that pertain to minority veterans. Directs the Secretary to designate an appropriate official at each Department regional and medical facility to serve as minority affairs officer. Establishes in the Department an Office for Women Veterans, headed by a Director appointed by the Secretary. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the adoption of policies and programs affecting women veterans. Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget. Requires the inclusion on the Advisory Committee on Women Veterans of members representing women veterans who do and who do not have experience in a military theater of operations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Exploration Sustainability Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A robust and balanced space program enhances the United States long-term national and economic security by-- (A) inspiring students to pursue disciplines in science, technology, engineering, and mathematics; (B) stimulating development of advanced technologies with widespread applications; (C) increasing the United States technological competitiveness; and (D) enhancing global prosperity and security through cooperation in shared interests, such as advancement of science, understanding of Earth and the universe, and protection from space borne threats, such as asteroids. (2) The Nation's space program should include endeavors that balance-- (A) national security space and civil space; (B) robotic and human exploration; (C) advancement of scientific knowledge and engagement of the general public; (D) U.S. Government led launch capability development, including the Space Launch System and multi-purpose crew vehicle, and partnerships with commercial and international entities; (E) advancement of the space frontier and stimulation of commerce within Earth Orbit; and (F) peering outward to further understanding of the universe and observing Earth to expand knowledge of our home planet. (3) The National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.) provides for a robust and balanced national space program. SEC. 3. GOALS AND OBJECTIVES. Section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Long-Term Goal.--The long-term goal of the human space flight and exploration efforts of NASA shall be to sustainably expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners and expanding economic activity in space.''; and (2) in subsection (b)(2), by inserting ``and expanding throughout cis-lunar space and beyond'' after ``infrastructure''. SEC. 4. REPORT ON CIS-LUNAR SPACE. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Administrator of the National Aeronautics and Space Administration shall submit to Congress a strategy to achieve the long-term goal of sustainably expanding a human presence beyond low-Earth orbit under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)) through robust utilization of cis-lunar space. (b) Requirements.--The strategy shall include a discussion of-- (1) the utility of an expanded permanent human presence in cis-lunar space to enable missions to the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration; (2) the utility of an expanded permanent human presence in cis-lunar space to economic, scientific, and technological advances; (3) the opportunities for-- (A) international partner collaboration toward the establishment and continuance of an expanded permanent human presence in cis-lunar space; (B) international partner contributions to the missions listed under paragraph (1) that are uniquely enabled by mission architectures that make use of an expanded and persistent human presence in cis-lunar space; (C) commercial industry participation toward the expansion and continuance of permanent human presence in cis-lunar space; (D) commercial industry contributions to the missions listed under paragraph (1) that are uniquely enabled by mission architectures that make use of an expanded and persistent human presence in cis-lunar space; and (E) commercial ventures that result from an expanded and persistent human presence in cis-lunar space; (4) the opportunities and uses for the National Aeronautics and Space Administration managed allocation of the International Space Station National Laboratory, including a specific discussion of high priority scientific and technological developments that use the International Space Station toward expanding and sustaining a human presence in cis-lunar space; and (5) a range of exploration mission architectures for the missions listed under paragraph (1). (c) Comparison of Architectures.-- (1) In general.--The strategy shall include a comparison of architectures that use an expanded and persistent human presence in cis-lunar space and architectures that do not, with a primary objective of identifying the architectures and approaches that-- (A) best support the long-term goal under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)); and (B) are enabled by the transportation capabilities developed under titles III and IV of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.). (2) Factors.--Factors to be considered in the comparison shall include recurring and non-recurring cost, safety, sustainability, opportunities for international collaboration, enabling of new markets and opportunities for commercial industry, compelling scientific opportunities, flexibility of the architecture to adjust to evolving technologies, and leadership and priorities over time. (d) Implementation Plan.--The strategy shall include a plan that establishes a method and schedule for implementation of the strategy. The implementation plan shall include-- (1) proposed Program Formulation events; (2) Program Critical Design Reviews; (3) System Integration Reviews; (4) Systems Assembly, Integration and Test milestones; and (5) schedules of planned test launches and events, up to and including initial missions. SEC. 5. ASSURANCE OF CORE CAPABILITIES. Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18313) is amended by adding at the end the following: ``(c) Assurance of Core Capabilities.--The Administrator shall proceed with the utilization of the ISS, technology development, and follow-on transportation systems, including the Space Launch System, multi-purpose crew vehicle, and commercial crew and cargo transportation capabilities authorized by this Act in a manner that ensures-- ``(1) that these capabilities remain inherently complimentary and interrelated; ``(2) a balance of the development, sustainment, and use of each of these capacities, which are of critical importance to the viability and sustainability of the U.S. space program; and ``(3) that resources required to support the timely and sustainable development of these capabilities are not derived from a reduction in resources from one capability as a means of increasing resources to support another capability.''. SEC. 6. EXTENSION OF CERTAIN SPACE LAUNCH LIABILITY PROVISIONS. Section 50915(f) of title 51, United States Code, is amended by striking ``December 31, 2012'' and inserting ``December 31, 2014''. SEC. 7. EXEMPTION FROM INKSNA. Section 7(1) of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) is amended to read as follows: ``(1) Extraordinary payments in connection with the international space station.--The term `extraordinary payments in connection with the International Space Station' means payments in cash or in-kind made or to be made by the United States Government for work on the International Space Station which the Russian Government pledged at any time to provide at its expense.''.

Space Exploration Sustainability Act - Amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it: (1) a long-term goal for the National Aeronautics Space Administration (NASA) to sustainably expand permanent human presence beyond low-Earth orbit and to expand economic activity in space, and (2) a key objective of the United States to expand throughout cis-lunar space (the region of space from the Earth out to and including the region around the surface of the Moon) and beyond. Requires the Administrator of NASA to submit to Congress a strategy for achieving the long-term goal of sustainably expanding a human presence beyond low-Earth orbit through robust use of cis-lunar space. Instructs NASA to proceed with the utilization of the International Space Station, technology development, and follow-on transportation systems, including the space launch system and the multi-purpose crew vehicle.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Rail Access Improvement and Needs Act for the 21st Century''. SEC. 2. FINDINGS. The Congress finds that-- (1) modern and efficient fixed guideway transportation is important to the viability and well being of metropolitan areas and to the energy conservation and self-sufficiency goals of the United States; (2) public convenience and necessity require the development of fixed guideway transportation systems in metropolitan areas presently without such service, and the expansion of existing systems in metropolitan areas already receiving such service; (3) use of existing railroad trackage and rights-of-way in and around metropolitan areas provides a unique and valuable opportunity for the development and expansion of fixed guideway transportation facilities with a minimum of disruption to the environment and the surrounding community; and (4) voluntary negotiations between mass transportation authorities and rail carriers regarding shared use of existing railroad trackage and rights-of-way have not been adequate to ensure the development of sound and efficient fixed guideway transportation systems. SEC. 3. RAIL TRANSIT ACCESS. (a) Amendment.--Part E of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 285--RAIL TRANSIT ACCESS ``Sec. ``28501. Definitions. ``28502. Shared use of rail carrier trackage by mass transportation authorities. ``28503. Shared use of rail rights-of-way by mass transportation authorities. ``28504. Applicability of other laws. ``28505. Standards for Board action. ``Sec. 28501. Definitions ``In this chapter-- ``(1) `Board' means the Surface Transportation Board; ``(2) `fixed guideway transportation' means mass transportation (as defined in section 5302(a)(7)) provided on, by, or using a fixed guideway (as defined in section 5302(a)(4)); ``(3) `mass transportation authority' means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, fixed guideway transportation; ``(4) `rail carrier' means a person providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105; ``(5) `segregated fixed guideway facility' means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and ``(6) `trackage' means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. ``Sec. 28502. Shared use of rail carrier trackage by mass transportation authorities ``(a) Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation, the Board shall, upon application of the mass transportation authority or the rail carrier, and if the Board finds it necessary or useful to carry out this chapter-- ``(1) order that the trackage be made available and the related services be provided to the mass transportation authority; and ``(2) prescribe reasonable terms and compensation for use of the trackage and provision of the related services, based upon the rail carrier's incremental cost of providing such trackage and services. ``(b) Quality of Service.--When prescribing reasonable compensation under subsection (a)(2), the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the trackage and providing the related services. ``(c) Terms of Operation.--When prescribing reasonable terms under subsection (a)(2), the Board may prescribe the number of trains that may be operated by or for the mass transportation authority, the speeds at which such trains may be operated, and the trackage maintenance levels to be provided by the rail carrier. ``(d) Additional Trains.--When a rail carrier and a mass transportation authority cannot agree to terms for the operation of additional trains by or for a mass transportation authority over a rail line of the carrier, the mass transportation authority or the rail carrier may apply to the Board for an order establishing such terms. If the Board finds it reasonable to carry out this chapter, the Board shall order the rail carrier to allow operation of the requested additional trains on such terms as the Board finds reasonable under the circumstances. ``(e) Trackage Maintenance.--If a mass transportation authority believes that maintenance on trackage operated by or for the mass transportation authority has fallen below a safe or necessary level, the mass transportation authority may, after notice to the rail carrier and a sufficient period for maintenance improvements, apply to the Board for an order requiring the rail carrier to provide increased or improved maintenance on the trackage. If the Board finds it reasonable to carry out this part, the Board shall order the rail carrier to provide such increased or improved maintenance as the Board finds reasonable under the circumstances. The remedy available under this subsection shall be in addition to any contract rights that a mass transportation authority may possess with respect to trackage maintenance. ``(f) Accelerated Speeds.--If a rail carrier refuses to allow accelerated speeds for trains operated by or for a mass transportation authority, the mass transportation authority may apply to the Board for an order requiring the rail carrier to allow the accelerated speeds and related improvements. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. The Board shall establish the maximum allowable speeds for trains operated by or for a mass transportation authority on terms the Board decides are reasonable. ``(g) Preference Over Freight Transportation.--Except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under subsection (a) has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this chapter. A rail carrier affected by this subsection may apply to the Board for relief. If the Board decides that preference for fixed guideway transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the rail carrier and the mass transportation authority on reasonable terms. ``(h) Final Determination.--The Board shall make a determination under this section not later than 120 days after a mass transportation authority or a rail carrier submits an application to the Board. ``Sec. 28503. Shared use of rail rights-of-way by mass transportation authorities ``(a) General Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the mass transportation authority may apply to the Board for an order requiring the rail carrier to convey an interest to the authority. The Board, not later than 120 days after receiving the application, shall order the interest conveyed if-- ``(1) conveyance will not impair significantly the efficient handling of rail freight traffic; ``(2) the mass transportation authority assumes all reasonable costs associated with any necessary relocation of a rail carrier's trackage within the right-of-way; and ``(3) the fixed guideway transportation purpose of the proposed segregated fixed guideway facility cannot be met adequately by acquiring an interest in other property. ``(b) Compensation and Terms.--A conveyance ordered by the Board under this section shall be subject to the payment of just compensation and to such other reasonable terms as the Board may prescribe. ``Sec. 28504. Applicability of other laws ``(a) Board Review or Approval.--Operations or conveyances undertaken pursuant to an order issued under section 28502 or 28503 are not subject to Board review or approval under subtitle IV of this title. ``(b) Contractual Obligations for Claims.--Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims. ``Sec. 28505. Standards for Board action ``In proceedings under sections 28502 and 28503 the Board shall utilize, to the extent relevant and feasible, the principles, standards, and precedents utilized in proceedings under sections 24308 and 24311(c) involving the National Railroad Passenger Corporation.''. (b) Conforming Amendments.-- (1) Limitations on rail passenger transportation liability.--Section 28103(a) of title 49, United States Code, is amended by inserting ``or other fixed guideway transportation'' after ``commuter''. (2) Table of chapters.--The table of chapters of subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 283 the following new item: ``285. RAIL TRANSIT ACCESS......................... 28501''.

Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms. Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level. Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them. Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise. Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Consolidation and Investment Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) fragmentation of the Federal Government's major child care assistance programs has left gaps for many parents moving from welfare to work; (2) child care problems have prevented 34 percent of poor mothers between the ages 21 and 29 from working; (3) \2/3\ of all families receiving assistance under the Aid to Families with Dependent Children program have at least one preschool age child and need child care in order to work; (4) there already exists an unmet need for child care assistance--37 States now have waiting lists that can run as high as 35,000 individuals; (5) child care directly affects an individual's ability to stay in the work force; (6) welfare reform that places work at its center will increase the demand for child care and require an additional investment of resources; (7) child care consumes $260 per month or about 27 percent of income for average working poor families, leaving them with less income than families eligible for assistance under the Aid to Families with Dependent Children program; (8) quality must be a central feature of the child care policy of the United States; (9) only 1 in 7 day care centers offer good quality care; (10) 40 percent of day care centers serving infants and toddlers do not meet basic sanitary conditions, have safety problems, and do not encourage learning; and (11) only 9 percent of family and relative day care is considered good quality care. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) eliminate program fragmentation and create a seamless system of high quality child care that allows for continuity of care for children as parents move from welfare to job training to work; (2) provide for parental choice among high quality child care programs; and (3) increase the availability of high quality affordable child care in order to promote self sufficiency and support working families. SEC. 4. AMENDMENTS TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. APPROPRIATION. ``(a) In General.--For the purpose of providing child care services for eligible children through the awarding of grants to States under this subchapter, the Secretary of Health and Human Services shall pay, from funds in Treasury not otherwise appropriated, $2,302,000,000 for fiscal year 1996, $2,790,000,000 for fiscal year 1997, $3,040,000,000 for fiscal year 1998, $3,460,000,000 for fiscal year 1999, and $4,030,000,000 for fiscal year 2000. ``(b) Adjustments.--If the amounts appropriated under subsection (a) are not sufficient to provide services to each child whose parent is required to undertake education, job training, job search, or employment as a condition of eligibility for benefits under part A of title IV of the Social Security Act, the Secretary shall pay, from funds in the Treasury not otherwise appropriated, such sums as may be necessary to ensure the implementation of section 658E(c)(3)(E) with respect to each such child.''. (b) Awarding of Grants.--Section 658C of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858a) is amended by striking ``is authorized to'' and inserting ``shall''. (c) Supplementation.--Section 658E(c)(2)(J) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(J)) is amended by inserting ``in fiscal year 1995'' before the period. (d) Set-Asides for Quality and Working Families, and Child Care Guarantee.--Section 658E(c)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3))-- (1) in subparagraph (C), by striking ``25 percent'' and inserting ``20 percent''; and (2) by adding at the end thereof the following new subparagraphs: ``(D) Assistance for low-income working families.-- The State shall reserve not less than 50 percent of the amount provided to the State and available for providing services under this subchapter, to carry out child care activities to support low-income working families residing in the State. ``(E) Child care guarantee.--The State plan shall provide assurances that the availability of child care under the grant will be coordinated in an appropriate manner (as determined by the Secretary) with the requirements of part A of title IV of the Social Security Act. Such coordination shall ensure that the parent of a dependent child is not required to undertake an education, job training, job search, or employment requirement unless child care assistance in an appropriate child care program is made available.''. (e) Matching Requirement.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended by adding at the end thereof the following new paragraph: ``(6) Matching requirement.--With respect to amounts made available to a State in each fiscal year beginning with fiscal year 1996, that exceed the aggregate amounts received by the State for child care services in fiscal year 1995, the State plan shall provide that, with respect to the costs to be incurred by the State in carrying out the activities for which a grant under this subchapter is awarded, the State will make available (directly or through in-kind donations from public or private entities) non-Federal contributions in an amount equal to not less than $1 for every $4 of Federal funds provided under the grant.''. (f) Improving Quality.-- (1) Increase in required funding.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by striking ``not less than 20 percent'' and inserting ``50 percent''. (2) Quality improvement incentive initiative.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (A) by striking ``A State'' and inserting ``(a) In General.--A State''; and (B) by adding at the end thereof the following new subsection: ``(b) Quality Improvement Incentive Initiative.-- ``(1) In general.--The Secretary shall establish a child care quality improvement incentive initiative to make funds available to States that demonstrate progress in the implementation of-- ``(A) innovative teacher training programs such as the Department of Defense staff development and compensation program for child care personnel; or ``(B) enhanced child care quality standards and licensing and monitoring procedures. ``(2) Funding.--From the amounts made available for each fiscal year under subsection (a), the Secretary shall reserve not to exceed $50,000,000 in each such fiscal year to carry out this subsection.''. (g) Before- and After-School Services.--Section 658H(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(a)) is amended by striking ``not less than 75 percent'' and inserting ``50 percent''. (h) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended by striking ``Subject to the availability of appropriation, a'' and inserting ``A''. (i) Allotments.--Section 658O(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) is amended by adding at the end thereof the following new paragraph: ``(5) Allotment.-- ``(A) Base allotment.--Effective beginning with fiscal year 1996, the amount allotted to a State under this section shall include the base amount that the State received under this Act, and under the provisions repealed under section 5 of the Child Care Consolidation and Investment Act of 1995, in fiscal year 1995. ``(B) Additional amounts.--Effective beginning with fiscal year 1996, any amounts appropriated under section 658B for a fiscal year and remaining after the requirement of subparagraph (A) is complied with, shall be allotted to States pursuant to the formula described in paragraph (1).''. SEC. 5. PROGRAM REPEALS. (a) AFDC JOBS and Transitional Child Care.-- (1) Repeal.--Paragraphs (1), (3), (4), (5), (6), and (7) of section 402(g) of the Social Security Act (42 U.S.C. 602(g)) are repealed. (2) Conforming amendments.--Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended-- (A) in section 402(a)(19) (42 U.S.C. 602(a)(19))-- (i) in subparagraph (B)(i)(I), by striking ``section 402(g)'' and inserting ``the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; (ii) in subparagraph (C)(iii)(II), by striking ``section 402(g)'' and inserting ``the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; (iii) in subparagraph (D), by striking ``section 402(g)'' and inserting ``the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; and (iv) in subparagraph (F)(iv), by striking ``section 402(g)'' and inserting ``section 402(g)(2) and the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; (B) in section 402(g)(2) (42 U.S.C. 602(g)(2)), by striking ``(in addition to guaranteeing child care under paragraph (1))''; and (C) in section 403(l)(1)(A) (42 U.S.C. 603(l)(1)(A)), by striking ``(including expenditures for child care under section 402(g)(1)(A)(i), but only in the case of a State with respect to which section 1108 applies)''. (b) At-Risk Child Care.--Sections 402(i) and 403(n) of the Social Security Act (42 U.S.C. 602(i), 603(n)) are repealed. (c) State Dependent Care Grants.--Subchapter E of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871 et seq.) is repealed. (d) Child Development Associate Scholarship Assistance Act.--The Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901 et seq.) is repealed. (e) Secretarial Submission of Legislative Proposal for Technical and Conforming Amendments.--The Secretary of Health and Human Services shall, within 90 days after the date of the enactment of this Act, submit to the appropriate committees of the Congress, a legislative proposal providing for such technical and conforming amendments in the law as are required by the provisions of subsections (a) and (c).

Child Care Consolidation and Investment Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to appropriate funds for FY 1996 through 2000 for child care services for eligible children through the awarding of grants to States. Directs the Secretary of Health and Human Services, if the amounts appropriated are insufficient to provide services to each child whose parent is required to undertake education, job training or search, or employment as a condition of eligibility under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act, to pay sums necessary to ensure the implementation of State plans for child care and development for each child. Requires (currently, authorizes) child care and development block grants for States. Decreases from 25 to 20 percent the amount of funds to be reserved by States per fiscal year for activities to improve the quality of child care and to provide before- and after-school and early childhood development services. Directs States to reserve at least 50 percent of grant amounts for child care activities to support low-income working families. Requires State plans to assure that the availability of child care will be coordinated with AFDC requirements and to ensure that the parent of a dependent child is not required to undertake an education, job training or search, or employment requirement unless child care assistance is available. Sets forth a matching requirement for States with respect to amounts that exceed amounts received in FY 1995. Increases to 50 (currently, 20) percent the minimum percentage of reserved amounts States must use to carry out specified activities to improve the quality of child care. Directs the Secretary to establish a child care quality improvement incentive initiative to make funds available to States that demonstrate progress in the implementation of: (1) innovative teacher training programs; or (2) enhanced child care quality standards and licensing and monitoring procedures. Decreases from 75 to 50 percent the minimum percentage of reserved amounts States must use to carry out early child development and before- and after-school services. Requires amounts allotted to States under this Act to include the base amount such States received under the Child Care and Development Block Grant Act of 1990 and under AFDC provisions repealed under this Act. Repeals specified AFDC provisions and the Child Development Assistance Associate Scholarship Assistance Act of 1985.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Used Car Consumer Notification and Reporting Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Many States do not have specific requirements regarding the disclosure of a motor vehicle's history and even fewer States require that the motor vehicle's title be stamped or branded to indicate that it is a salvage vehicle or a manufacturer buyback vehicle. (2) The State disclosure requirements that do exist regarding a motor vehicle's history are inconsistent with one another in scope and language, require the use of various and different forms and administrative procedures, and are duplicative, burdensome on interstate commerce, and confusing to consumers. (3) The fact that a motor vehicle is a salvage vehicle or a manufacturer buyback vehicle is material to any subsequent sale of the vehicle. (4) Many salvage vehicles and manufacturer buyback vehicles are subsequently resold at auction or by used motor vehicle dealers and thus recycled back into the marketplace, back onto the streets, and back into repair shops. (5) Rebuilt motor vehicles may not have passed a rigorous safety inspection and may pose a safety risk, according to the National Highway Traffic Safety Administration, and consumers who unknowingly buy these motor vehicles face an increased risk of death or serious injury in motor vehicle accidents. SEC. 3. MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS. The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.) is amended by inserting at the end the following new title: ``TITLE VII--MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS ``SEC. 701. DEFINITIONS. ``For the purposes of this title, the following definitions shall apply: ``(1) Certificate of title.--The term `certificate of title' means a document issued by a State evidencing ownership of a motor vehicle. ``(2) Motor vehicle.--The term `motor vehicle' has the same meaning as the term `passenger motor vehicle' in section 2 of the Motor Vehicle Information and Cost Savings Act. ``(3) Manufacturer buyback vehicle.--The term `manufacturer buyback vehicle' means a motor vehicle that has been repurchased, replaced, or reacquired by a motor vehicle manufacturer, distributor, or dealer due to a nonconformity in the motor vehicle pursuant to a State lemon law by-- ``(A) an order or judgment by a court of law; or an agreement between the parties to settle before trial; or ``(B) a decision by a formal, informal, or mandatory arbitration procedure; ``(4) Salvage vehicle.--The term `salvage vehicle' means a motor vehicle that has been issued a title in any State bearing any word or symbol signifying that the motor vehicle is a `salvage', `junk', `reconstructed', or `rebuilt' motor vehicle, or that the motor vehicle has been severely damaged by flood. ``(5) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(6) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 702. DISCLOSURE REQUIREMENTS. ``(a) Regulations.--The Secretary shall promulgate regulations, which shall become effective not later than 180 days after the date of the enactment of this title, that establish uniform Federal requirements, as provided in subsection (b), regarding the disclosure to consumers that a motor vehicle is a salvage vehicle or a manufacturer buyback vehicle. ``(b) Specific Requirements.--In carrying out the provisions of subsection (a), the Secretary shall-- ``(1) prescribe the form and content of a national uniform certificate of title that discloses that a motor vehicle sold on or after the effective date of such regulations is a salvage vehicle or a manufacturer buyback vehicle; ``(2) prescribe the form and content of a national uniform sticker, to be affixed, prior to the sale of the motor vehicle, to the windshield of a salvage vehicle or a manufacturer buyback vehicle sold on or after the effective date of such regulations, which discloses that the motor vehicle is a salvage vehicle or a manufacturer buyback vehicle; ``(3) prescribe the form and content of a national uniform consumer disclosure statement that-- ``(A) includes the motor vehicle make, model, year, vehicle identification number, and any prior title numbers and prior States of title; and ``(B) discloses that a motor vehicle sold on or after the effective date of the regulations promulgated pursuant to this section is (according to records available to the State issuing the certificate of title, including records from any State in which a certificate of title has previously been issued for such motor vehicle) a salvage vehicle or a manufacturer buyback vehicle and the reason for such designation; ``(4) provide that a motor vehicle, the ownership of which is transferred on or after the effective date of the regulation, may not be licensed for use in any State unless the State discloses in writing on the certificate of title whether records readily accessible to the State indicate whether the vehicle is a salvage vehicle or a manufacturer buyback vehicle; and ``(5) provide for a civil penalty, not to exceed $10,000, which shall be assessed by the Secretary for each violation of a regulation promulgated by the Secretary pursuant to this section. ``SEC. 703. UNFAIR TRADE PRACTICE. ``A violation of any regulation promulgated by the Secretary pursuant to section 4 shall be deemed an unfair or deceptive act or practice for purposes of section 5(a)(1) of the Federal Trade Commission Act. ``SEC. 704. EFFECT ON STATE LAW. ``Effective on the date the regulations promulgated pursuant to section 4 become effective, the provisions of this title shall supersede any provision of the law of any State relating to the disclosure of whether a motor vehicle is a salvage vehicle or manufacturer buyback vehicle to the extent that the provision of State law is inconsistent with the provisions of this title or a regulation promulgated pursuant to this title.''.

Used Car Consumer Notification and Reporting Act - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to promulgate regulations that establish uniform Federal requirements regarding the disclosure to consumers that a motor vehicle is a salvage or manufacturer buyback vehicle. Deems a violation of a regulation promulgated by the Secretary to be an unfair or deceptive practice for purposes of the Federal Trade Commission Act. Provides that this Act shall supersede any State law relating to disclosure of whether a vehicle is a salvage or manufacturer buyback vehicle to the extent that such law is inconsistent with this Act.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Solution for Simplifying the Estate Tax Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Sec. 3. Elective simplified estate tax. Sec. 4. Carry-over basis. Sec. 5. Returns. Sec. 6. Special rule for revocation of trusts in connection with election. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The current method of collecting Federal estate tax often cripples American family owned businesses, farms, and ranches by forcing the sale of ongoing concerns in order to pay tax liability arising from the death of an owner, creating inefficiencies, dislocation, and often job losses. (2) From farmers and ranchers to urban business owners, the Federal estate tax looms heavily and has a counterproductive effect on our Nation's family owned businesses that costs numerous jobs. (3) The job losses, economic dislocation, and excessive compliance costs are not justified given the fact that the estate tax has averaged one percent of total IRS collections since 1960, with $14 billion collected in Fiscal Year 2013 (less than \1/2\ percent of total IRS collections). (4) The Joint Economic Committee in its May 2006 study concluded that in order to avoid wealth transfer taxes, individuals' costs of complying with the estate tax roughly equals the revenue yield of the estate tax for the U.S. Treasury. (5) The current method of collection of the estate tax leads many wealthy Americans to lock up capital in trusts to minimize or eliminate tax liability, meaning that billions of dollars are left idle instead of facilitating the creation of new business ventures that could stimulate the economy. (6) As recently as 2009, of the 34,000 estate tax returns filed that year, only half owed any estate tax, indicating that many wealthy Americans have found means to avoid paying this tax. In 2012, 9,400 Americans still had to file estate tax returns, even with the higher $5 million threshold. (7) It is in the national interest to modify the mechanism for collection of revenues from those Americans who have the largest estates, provided that it is done in a revenue neutral manner that ensures the ongoing collection of an appropriate percentage of the historical average of 1 percent of total IRS tax receipts that reflects the lower amount of estate tax revenues generated under the 2010 and 2012 amendments due to a higher exemption amount. SEC. 3. ELECTIVE SIMPLIFIED ESTATE TAX. (a) In General.--Chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter D--Simplified Estate Tax ``Sec. 2301. Simplified estate tax. ``Sec. 2302. Imposition and rate. ``Sec. 2303. Election. ``Sec. 2304. Seven taxable year minimum. ``SEC. 2301. SIMPLIFIED ESTATE TAX. ``In the case of an individual (and, if married, such individual's spouse) who elects the application of this subchapter-- ``(1) chapter 11 shall thereafter not apply with respect to the transfer of the estate of such individual (or such spouse), ``(2) chapter 13 shall thereafter not apply with respect to any generation-skipping transfer (as defined in section 2611) made by such individual (or such spouse), and ``(3) a tax shall be imposed by section 2302 with respect to such individual (and such spouse) for the taxable year of the election and each taxable year thereafter. ``SEC. 2302. IMPOSITION AND RATE. ``(a) In General.--The tax imposed by this section for any taxable year shall be treated as an increase in the taxpayer's tax under chapter 1 for the taxable year by an amount equal to 1 percent of the modified adjusted gross income of the taxpayer for the taxable year. ``(b) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income increased by-- ``(1) any amount excluded from gross income under section 911, 931, or 933, or ``(2) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. ``SEC. 2303. ELECTION. ``(a) In General.--Except as the Secretary shall by regulation prescribe in the case of separation, divorce, remarriage, or other circumstances the Secretary determines equitable, election for this subchapter to apply, once made, shall be irrevocable. ``(b) Married Couples To File Jointly.--If the taxpayer and the taxpayer's spouse elect the application of this subchapter and are married (within the meaning of section 7703) at the end of the taxable year, the taxpayer and the taxpayer's spouse shall file a joint return for the taxable year. ``SEC. 2304. SEVEN TAXABLE YEAR MINIMUM. ``(a) In General.--In the case of a decedent whose last taxable year is not at least the 7th taxable year for which the tax under section 2302 is imposed, the application of this subchapter shall be treated as not having been elected. ``(b) Transition Rule for 2015 and 2016.-- ``(1) In general.--In the case of a decedent who first elected the application of this subchapter during 2015 or 2016, subsection (a) shall not apply if the executor of the decedent's estate elects to increase the amount of the tax imposed under chapter 1 for the decedent's last taxable year by an amount equal to-- ``(A) the highest amount of tax imposed by section 2302 with respect to such decedent for any taxable year (including the decedent's last taxable year), multiplied by ``(B) an amount equal to the difference of-- ``(i) 7, over ``(ii) the number of taxable years for which such tax was imposed with respect to such decedent (including the decedent's last taxable year). ``(2) Special rule for decedent dying during year of election.--In the case of a decedent to whom paragraph (1) applies and who first elected the application of this subchapter with respect to the last taxable year of the decedent, the amount under subparagraph (A) shall not be less than the amount of tax which would have been imposed by section 2302 had such election first been elected with respect to the preceding taxable year. ``(c) Credit for Taxes Paid.-- ``(1) In general.--In the case of a decedent to which subsection (a) applies, the Secretary shall by regulation provide for allowing for a credit against the tax imposed by chapter 11 with respect to the decedent to account for any taxes paid by the decedent under section 2302. ``(2) Interest.--The amount of any credit determined under paragraph (1) with respect to any tax paid shall include interest, which shall be determined-- ``(A) at the overpayment rate established under section 6621, and ``(B) from the date of payment of such tax to the due date of the amount against which the credit is allowed.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after, and estates of decedents dying after, December 31, 2014. SEC. 4. CARRY-OVER BASIS. (a) In General.--Part II of subchapter O of chapter 1 of such Code is amended by inserting after section 1021 the following new section: ``SEC. 1022. TREATMENT OF PROPERTY ACQUIRED FROM A DECEDENT WHO ELECTED SIMPLIFIED ESTATE TAX TREATMENT. ``(a) In General.--In the case of property acquired from a decedent who elected the application of subchapter D of chapter 11-- ``(1) such property shall be treated for purposes of this subtitle as transferred by gift, and ``(2) the basis of the person acquiring property from such a decedent shall be the lesser of-- ``(A) the adjusted basis of the decedent, or ``(B) the fair market value of the property at the date of the decedent's death. ``(b) Property Acquired From the Decedent.--For purposes of this section, the following property shall be considered to have been acquired from the decedent: ``(1) Property acquired by bequest, devise, or inheritance, or by the decedent's estate from the decedent. ``(2) Property transferred by the decedent during his lifetime-- ``(A) to a qualified revocable trust (as defined in section 645(b)(1)), or ``(B) to any other trust with respect to which the decedent reserved the right to make any change in the enjoyment thereof through the exercise of a power to alter, amend, or terminate the trust. ``(3) Any other property passing from the decedent by reason of death to the extent that such property passed without consideration.''. (b) Effective Date.--The amendments made by this section shall apply with respect to estates of decedents dying after December 31, 2014. SEC. 5. SIMPLIFIED ESTATE TAX RETURNS. (a) Information Returns.-- (1) In general.--Subpart C of part II of subchapter A of chapter 61 of such Code is amended by inserting after section 6018 the following new section: ``SEC. 6018A. SIMPLIFIED ESTATE TAX RETURNS. ``(a) In General.--In the case of property acquired from a decedent who has in effect an election under subchapter D of chapter 11, the executor of the estate of such decedent shall make a return containing the following information with respect to such property: ``(1) The name and TIN of the recipient of such property. ``(2) An accurate description of such property. ``(3) The adjusted basis of such property in the hands of the decedent and its fair market value at the time of death. ``(4) The decedent's holding period for such property. ``(5) Sufficient information to determine whether any gain on the disposition of the property would be treated as ordinary income. ``(b) Property Acquired From Decedent.----For purposes of this section, section 1022 shall apply for purposes of determining the property acquired from a decedent. ``(c) Statements To Be Furnished to Certain Persons.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return (other than the person required to make such return) a written statement showing-- ``(1) the name, address, and phone number of the person required to make such return, and ``(2) the information specified in subsection (a) with respect to property acquired from, or passing from, the decedent to the person required to receive such statement. The written statement required under the preceding sentence shall be furnished not later than 30 days after the date that the return required by subsection (a) is filed. ``(d) Annual Beneficiary Asset Status Return.--Each recipient of property with respect to whom a statement is required to be furnished under subsection (c) and who owns any such property during the taxable year shall make a return with respect to such property containing the following information: ``(1) An accurate description of such property. ``(2) An accounting of the disposition of any such property during the taxable year. ``(3) The adjusted basis of such property as of the later of the end of the taxable year or the date of any such disposition. ``(e) Excepted Property.-- ``(1) In general.--Subsections (a) and (b) shall not apply with respect to-- ``(A) any property the fair market value of which, at the time of the decedent's death, does not exceed $10,000, and ``(B) any property the basis of which was determined by reference to the fair market value of the property at the date of the decedent's death. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any calendar year after 2015, the $10,000 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, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (2) Clerical amendment.--The table of sections for subpart C of part II of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6018 the following new item: ``Sec. 6018A. Simplified estate tax returns.''. (b) Time for Filing Returns.--Section 6075(a) of such Code is amended-- (1) by striking ``Estate Tax Return.--Returns made'' and inserting the following: , ``Estate Tax Return.-- ``(1) In general.--Returns made'', and (2) by adding at the end the following new paragraph: ``(2) Simplified estate tax.-- ``(A) In general.--Returns made under section 6018A(a) shall be filed not later than 180 days after the date of the decedent's death. ``(B) Annual beneficiary asset status returns.-- Returns made under section 6018A(d) for a taxable year shall be filed concurrently with the individual's return of income tax for the taxable year.''. (c) Penalty for Failure To File Returns.-- (1) In general.--Part 1 of subchapter B of chapter 68 of such Code is amended by adding at the end the following new section: ``SEC. 6720D. FAILURE TO FILE INFORMATION WITH RESPECT TO SIMPLIFIED ESTATE TAX RETURNS. ``(a) Information Required To Be Filed With Secretary.--Any person required to furnish any information under section 6018A(a) who fails to do so on the date prescribed therfor (determined with regard to any extension of time for filing) shall pay a penalty of $10,000 for each such failure. ``(b) Information Required To Be Furnished to Beneficiaries.--Any person required to furnish in writing to each person described in section 6018A(c) the information required under such section who fails to do so shall pay a penalty of $250 for each such failure. ``(c) Annual Information Return Required To Be Furnished by Beneficiary.--Any person required to furnish any information under section 6018A(d) who fails to do so on the date prescribed therefor (determined with regard to any extension of time for filing) shall pay a penalty of $5,000 for each such failure. ``(d) Reasonable Cause Exception.--No penalty shall be imposed under subsection (a), (b), or (c) with respect to a failure if it is shown that such failure is due to reasonable cause. ``(e) Intentional Disregard.--If any failure under subsection (a), (b), or (c) is due to intentional disregard of the requirements under sections 6018A, the penalty under such subsection shall be 5 percent of the fair market value as of the date of death (in the case of section 6018A(d), as of the date prescribed for furnishing such return (determined with regard to any extension of time for filing)) of the property with respect to which the information is required. ``(f) Deficiency Procedures Not To Apply.--Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by this section.''. (2) Clerical amendment.--The table of sections for part 1 of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6720D. Failure to file information with respect to simplified estate tax returns.''. (d) Effective Date.--The amendments made by this section shall apply with respect to estates of decedents dying after December 31, 2014. SEC. 6. SPECIAL RULE FOR REVOCATION OF TRUSTS IN CONNECTION WITH ELECTION. Any revesting in the grantor of title to property held in a trust, whether by revocation, dissolution, or otherwise, shall not be subject to any tax imposed by the Internal Revenue Code of 1986 if such revesting occurs in 2015 or 2016 and is in connection with the grantor's election for subchapter D of chapter 11 to apply.

American Solution for Simplifying the Estate Tax Act of 2014 - Amends the Internal Revenue to: (1) allow taxpayers an election to make annual payments of 1% of their adjusted gross income for a minimum seven-year period in lieu of existing estate and generation-skipping transfer taxes, and (2) allow a step-up in basis for estate property of a taxpayer making an election under this Act. Sets forth requirements for the filing of an estate tax return for taxpayers who have made an election under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Security Coordination Improvement Act''. SEC. 2. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL SUPPLY CHAIN. Paragraph (2) of section 201(g) of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as follows: ``(2) Updates.--Not later than 270 days after the date of the enactment of this paragraph and every three years thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains an update of the strategic plan required by subsection (a).''. SEC. 3. CONTAINER SECURITY INITIATIVE. Subsection (l) of section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945) is amended-- (1) by striking ``(1)In general.--Not later than September 30, 2007,'' and inserting ``Not later than 270 days after the date of the enactment of the Border and Maritime Security Coordination Improvement Act,''; (2) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and by moving the margins of such paragraphs (as so redesignated) two ems to the left; and (3) by striking paragraph (2). SEC. 4. CYBER AT PORTS. (a) Cybersecurity Enhancements to Maritime Security Activities.-- Subparagraph (B) of section 70112(a)(2) of title 46, United States Code, is amended-- (1) by redesignating clauses (i) through (iii) as clauses (ii) and (iv), respectively; and (2) by inserting before clause (ii) the following new clause: ``(i) shall facilitate the sharing of information relating to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)) to address port-specific cybersecurity risks and incidents, which may include the establishment of a working group of members of such committees to address such port- specific cybersecurity risks and incidents;''. (b) Vulnerability Assessments and Security Plans.--Title 46, United States Code, is amended-- (1) in subparagraph (C) of section 70102(b)(1), by inserting ``cybersecurity,'' after ``physical security,''; and (2) in subparagraph (C) of section 70103(c)(3)-- (A) in clause (i), by inserting ``cybersecurity,'' after ``physical security,''; (B) in clause (iv), by striking ``and'' after the semicolon at the end; (C) by redesignating clause (v) as clause (vi); and (D) by inserting after clause (iv) the following new clause: ``(v) prevention, management, and response to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)); and''. SEC. 5. FACILITY INSPECTION INTERVALS. Subparagraph (D) of section 70103(c)(4) of title 46, United States Code, is amended to read as follows: ``(D) subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than one time per year without notice, and more frequently as determined necessary, in a risk based manner, with or without notice to the facility.''. SEC. 6. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS. (a) In General.--Section 218 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 968) is amended to read as follows: ``SEC. 218. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS. ``Not later than 30 days before signing an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits described in section 214, 215, or 216, the Secretary shall-- ``(1) notify the appropriate congressional committees of the proposed terms of such arrangement; and ``(2) determine, in consultation with the Commissioner, that such foreign government's supply chain security program provides comparable security as that provided by C-TPAT.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Security and Accountability for Every Port Act of 2006 is amended by amending the item relating to section 218 to read as follows: ``Sec. 218. Recognition of other countries' trusted shipper programs.''. SEC. 7. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section: ``SEC. 434. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN. ``Not later than 180 days after the date of the enactment of this section and biennially thereafter, the Secretary shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a maritime operations coordination plan for the coordination and cooperation of maritime operations undertaken by components and offices of the Department with responsibility for maritime security missions. Such plan shall update the maritime operations coordination plan released by the Department in July 2011, and shall address the following: ``(1) Coordination of planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime homeland security missions. ``(2) Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security. ``(3) Cooperation and coordination with other departments and agencies of the Federal Government, and State and local agencies, in the maritime environment, in support of maritime homeland security missions. ``(4) Work conducted within the context of other national and Department maritime security strategic guidance.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 433 the following new item: ``Sec. 434. Updates of maritime operations coordination plan.''. SEC. 8. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report that describes and assesses the state of the Coast Guard's Deployable Specialized Forces (in this section referred to as the ``DSF''). Such report shall include, at a minimum, the following elements: (1) For each of the past three fiscal years, and for each type of DSF, the following: (A) A cost analysis, including training, operating, and travel costs. (B) The number of personnel assigned. (C) The total number of units. (D) The total number of operations conducted. (E) The number of operations requested by each of the following: (i) The Coast Guard. (ii) Other components or offices of the Department of Homeland Security. (iii) Other Federal departments or agencies. (iv) State agencies. (v) Local agencies. (F) The number of operations fulfilled by the entities specified in subparagraph (E). (2) An examination of alternative distributions of DSFs, including the feasibility, cost (including cost savings), and impact on mission capability of such distributions, including at a minimum the following: (A) Combining DSFs, primarily focused on counterdrug operations, under one centralized command. (B) Distributing counter-terrorism and anti- terrorism capabilities to DSFs in each major United States port. (b) Deployable Specialized Force Defined.--In this section, the term ``Deployable Specialized Force'' means a unit of the Coast Guard that serves as a quick reaction force designed to be deployed to handle counter-drug, counter-terrorism, and anti-terrorism operations or other maritime threats to the United States. SEC. 9. COST BENEFIT ANALYSIS OF CO-LOCATING DHS ASSETS. (a) In General.--For any location in which U.S. Customs and Border Protection's Office of Air and Marine Operations is based within 45 miles of locations where any other Department of Homeland Security agency also operates air and marine assets, the Secretary of Homeland Security shall conduct a cost-benefit analysis to consider the potential cost of and savings derived from co-locating aviation and maritime operational assets of the Office of Air and Marine Operations at facilities where other agencies of the Department operate such assets. In analyzing such potential cost savings achieved by sharing aviation and maritime facilities, such analysis shall consider, at a minimum, the following factors: (1) Potential enhanced cooperation derived from Department personnel being co-located. (2) Potential costs of, and savings derived through, shared maintenance and logistics facilities and activities. (3) Joint use of base and facility infrastructure, such as runways, hangars, control towers, operations centers, piers and docks, boathouses, and fuel depots. (4) Potential operational costs of co-locating aviation and maritime assets and personnel. (5) Short-term moving costs required in order to co-locate facilities. (6) Acquisition and infrastructure costs for enlarging current facilities, as needed. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report summarizing the results of the cost-benefit analysis required under subsection (a) and any planned actions based upon such results. SEC. 10. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY AND SECURE SYSTEMS OF TRANSPORTATION. Sections 70107A and 70116 of title 46, United States Code, are repealed. SEC. 11. CONFORMING AND CLERICAL AMENDMENTS. (a) Sections.--The following provisions of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347) are amended as follows: (1) By striking section 105. (2) By redesignating sections 106 and 107 as sections 105 and 106, respectively. (3) By striking section 108. (4) By redesignating sections 109 and 110 as sections 107 and 108, respectively. (5) In section 121 (6 U.S.C. 921)-- (A) by striking subsections (c), (d), and (e); and (B) by redesignating subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively. (6) By striking sections 122 and 127 (6 U.S.C. 922 and 927). (7) By redesignating sections 123, 124, 125, 126, and 128 as sections 122, 123, 124, 125, and 126, respectively. (8) In section 233 (6 U.S.C. 983), by striking subsection (c). (9) By striking section 235 (6 U.S.C. 984). (10) By redesignating section 236 as section 235. (11) By striking sections 701 and 708 (and the item relating to such section in the table of contents of such Act). (12) By redesignating sections 702, 703, 704, 705, 706, 707, and 709 as sections 701, 702, 703, 704, 705, 706, and 707, respectively. (b) Table of Contents.-- (1) Security and accountability for every port act of 2006.--The table of contents of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347) is amended as follows: (A) In the list of items relating to subtitle A of title I, by striking the items relating to sections 105 through 110 and inserting the following new items: ``Sec. 105. Prohibition of issuance of transportation security cards to persons convicted of certain felonies. ``Sec. 106. Long-range vessel tracking. ``Sec. 107. Notice of arrival for foreign vessels on the Outer Continental Shelf. ``Sec. 108. Enhanced crewmember identification.''. (B) In the list of items relating to subtitle C of title I, by striking the items relating to sections 122 through 128 and inserting the following new items: ``Sec. 122. Random searches of containers. ``Sec. 123. Work stoppages and employee-employer disputes. ``Sec. 124. Threat assessment screening of port truck drivers. ``Sec. 125. Border Patrol unit for United States Virgin Islands. ``Sec. 126. Center of Excellence for Maritime Domain Awareness.''. (C) In the list of items relating to subtitle C of title II, by striking the items relating to sections 235 and 236 and inserting the following new item: ``Sec. 235. Information sharing relating to supply chain security cooperation.''. (D) In the list of items relating to title VII, by striking the items relating to sections 701 through 709 and inserting the following new items: ``Sec. 701. Disclosures regarding homeland security grants. ``Sec. 702. Trucking security. ``Sec. 703. Air and Marine Operations of the Northern Border Air Wing. ``Sec. 704. Phaseout of vessels supporting oil and gas development. ``Sec. 705. Coast Guard property in Portland, Maine. ``Sec. 706. Methamphetamine and methamphetamine precursor chemicals. ``Sec. 707. Protection of health and safety during disasters.''. (2) Title 46.--In the list of items relating to the analysis for chapter 701 of title 46, United States Code, by striking the items relating to sections 70107A and 70116.

Maritime Security Coordination Improvement Act This bill amends the Security and Accountability for Every Port Act of 2006 to direct the Department of Homeland Security (DHS), by 270 days after this bill's enactment: (1) and every three years thereafter, to submit an update of the strategic plan to enhance the security of the international supply chain; and (2) to report on the effectiveness of, and need for any improvements to, the Container Security Initiative. The bill requires an Area Maritime Security Advisory Committee to facilitate the sharing of information relating to cybersecurity risks and incidents to address port-specific cybersecurity risks and incidents. DHS's facility and vessel vulnerability assessments shall include identification of weaknesses in cybersecurity. The security plan submitted by an owner or operator of a vessel or facility for deterring a transportation security incident shall include provisions for prevention, management, and response to cybersecurity risks and incidents. DHS must verify the effectiveness of each such plan at least once (currently, twice) a year, and more frequently as necessary, in a risk-based manner. The bill requires DHS, at least 30 days before signing an arrangement with a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits offered to Tier 1, Tier 2, and Tier 3 participants in the Customs-Trade Partnership Against Terrorism (C-TPAT), to: (1) notify Congress of the proposed terms, and (2) determine that such government's program provides comparable security as that provided by C-TPAT. The bill amends the Homeland Security Act of 2002 to direct DHS, within 180 days and biennially thereafter, to submit to Congress a maritime operations coordination plan. The Government Accountability Office shall report on the state of the Coast Guard's Deployable Specialized Forces. DHS shall conduct a cost-benefit analysis, for any location in which U.S. Customs and Border Protection's Office of Air and Marine Operations is based within 45 miles of locations where any other DHS agency also operates air and marine assets, to consider the potential cost and savings from co-locating the operational assets of such office at facilities where such other DHS agencies operate such assets. The bill repeals provisions requiring DHS to establish: (1) interagency operational centers for port security at all high-priority ports, and (2) a program to evaluate and certify secure systems of international intermodal transportation.

SECTION 1. PRIVATE EDUCATION LOAN REFINANCING. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--PRIVATE EDUCATION LOAN REFINANCING ``SEC. 499A. PRIVATE EDUCATION LOAN REFINANCING FOR PHYSICIANS. ``(a) In General.-- ``(1) Authority.--The Secretary shall carry out a Physician Private Education Loan Refinancing Program in accordance with this section. ``(2) Availability of funds.--There are hereby made available, in accordance with the provisions of this section, such sums as may be necessary to make loans under this section through refinancing private education loans to all individuals eligible to receive refinancing under this section. ``(3) Private education loan.--In this section, the term `private education loan' has the meaning given the term `qualified education loan' in section 221 of the Internal Revenue Code, but does not include any loan made under this title or under the Public Health Service Act. ``(b) Eligible Borrower.--An individual shall be eligible to receive private education loan refinancing under this section if the individual meets the following requirements: ``(1) The individual is participating in a residency program, approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, at a hospital in one of the following specialties: ``(A) Family medicine. ``(B) Obstetrics/gynecology. ``(C) General internal medicine. ``(D) Gerontology. ``(E) General pediatrics. ``(F) General psychiatry. ``(2) The individual is not enrolled, on a half-time or more basis, in an eligible institution under this title (as such term is defined in section 435(a)). ``(3) The individual is indebted on at least 1 private education loan for the period of enrollment preceding their residency program. ``(4) The individual is not in default on a loan made, insured, or guaranteed under this title. ``(5) The individual has not previously obtained refinancing under this section. ``(c) Refinancing Under the Physician Private Education Loan Refinancing Program.-- ``(1) In general.--The Secretary shall refinance a private education loan in accordance with this section for an individual who is eligible for private education loan refinancing pursuant to subsection (b). Such refinancing loans shall have the same terms and conditions as a Federal Direct Consolidation Loan, except as provided in paragraphs (4) and (5). ``(2) Types of loans eligible to be refinanced.--A private education loan is eligible to be refinanced under this section if the loan was incurred after July 1, 2008. ``(3) Loan limits.--The maximum amount of private education loans that may be refinanced by an individual under this section is an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual. ``(4) Interest rate.--The interest rate for a private education loan refinanced under this section shall be 8.25 percent. ``(5) Repayment terms.--A loan refinanced under this section shall have the same repayment terms, conditions, and benefits as a Federal Direct Consolidation Loan, except that such loan shall not be eligible for-- ``(A) consolidation with any other loan eligible for loan consolidation under this title; ``(B) income-based repayment terms under this title; or ``(C) any loan forgiveness or cancellation provided under this title or under the Public Health Service Act, except in the case of death or permanent and total disability. ``(6) Loan application and promissory note.--The Secretary shall develop and distribute a standard application and promissory note and loan disclosure form for loans refinanced under this section. ``(7) Loan disbursement.--The proceeds of any loan refinanced under this section shall be paid by the Secretary directly to the holder of the private education loan being refinanced for the purpose of discharging or reducing the debt on such private education loan on behalf of the borrower, subject to repayment terms under this section. ``(d) Annual Report to Congress.--The Secretary shall report to Congress annually on the volume and repayment status of private education loans refinanced under this section.''.

Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to refinance the private education loans of individuals who are participating in a residency program in: (1) family medicine; (2) obstetrics/gynecology; (3) general internal medicine; (4) gerontology; (5) general pediatrics; or (6) general psychiatry. Sets the interest rate on the refinanced loans at 8.25%. Requires the refinanced loans to have the same terms and conditions as a Direct Consolidation Loan, except they are made ineligible for: (1) consolidation with another loan eligible for consolidation under title IV; (2) income-based repayment terms under title IV; or (3) any loan forgiveness or cancellation under title IV or the Public Health Service Act, except in the case of death or permanent and total disability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hedge Fund Disclosure Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Hedge funds currently operate largely outside the framework of substantive United States banking, securities, and futures laws and regulations. (2) The recent crisis of a large hedge fund demonstrated several ways in which the condition of major financial institutions in the United States, including many banks with federally insured deposits, reflects the success or failure of various hedge funds. (3) Among other things, financial institutions often invest in hedge funds, lend to hedge funds, act as counterparties in securities and derivatives transactions with hedge funds, and conduct proprietary trading activities that mirror the investment strategies of leading hedge funds. (4) In several cases, hedge funds utilize financial leveraging practices to a greater degree than do many regulated financial institutions and this high degree of leverage exacerbates the extent to which such hedge funds potentially pose a threat to the safety and soundness of the United States and international financial systems. (5) Given that most of the institutions and wealthy individuals that invest in hedge funds are highly sophisticated, market forces, rather than government regulations, are the best tools for constraining hedge funds from engaging in excessive leverage. (6) Market forces are similarly the most effective means of disciplining financial institutions that have allowed hedge fund dealings to threaten their stability. (7) The United States Government must insure that the failure of 1 or more hedge funds never causes a severe burden on the United States financial system or the United States payments system and that Federal resources are not squandered in efforts to salvage collapsed hedge funds. (8) Market forces cannot properly function with respect to hedge fund risks without a minimum of reliable information about hedge funds activities. SEC. 3. DEFINITIONS. (1) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (2) Federal banking agencies.--The term ``Federal banking agency'' has the meaning given to such term in section 3(z) of the Federal Deposit Insurance Act. (3) Unregulated hedge fund.--The term ``unregulated hedge fund'' means-- (A) any pooled investment vehicle that-- (i) has capital of $3,000,000,000 or more; (ii) is privately organized, administered by professional investment managers, and not widely available to the public; and (iii) is not registered as an investment company under the Investment Company Act of 1940; and (B) any group or family of pooled investment vehicles described in clauses (ii) and (iii) of subparagraph (A) that has total assets under management of $20,000,000,000 or more. SEC. 4. PUBLIC REPORTS REQUIRED. (a) In General.--Before the end of the 15-day period beginning at the end of each calendar quarter, each unregulated hedge fund shall submit a report to the Board which shall include the following information: (1) The total assets of the fund, the total notional amount of the fund's derivatives position, and the balance sheet leverage ratio of assets to liabilities, as of the end of the calendar quarter. (2) Meaningful and comprehensive measures of market risk (such as value-at-risk or stress test results) as of the end of the calendar quarter. (3) Such other information as the Board, in consultation with the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the Chairperson of the Commodities Futures Trading Commission, and the Federal banking agencies, may require by regulation. (b) Availability of Reports.--Upon receipt of reports under subsection (a), the Board shall-- (1) immediately transmit copies of the reports to the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the Chairperson of the Commodities Futures Trading Commission, and the Federal banking agencies; and (2) subject to subsection (c), make the reports available to the public on a timely basis. (c) Sequestration of Any Proprietary Information.--If, in order to provide a complete and meaningful report under subsection (a), an unregulated hedge fund includes any proprietary information concerning investment strategies and positions in the report, such information may, to the extent and in the manner provided in regulations prescribed by the Board, in consultation with the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the Chairperson of the Commodities Futures Trading Commission, and the Federal banking agencies, be segregated in a confidential section of the report which shall not be available to the public under subsection (b)(2). (d) Regulation Time-Frame.--The Board shall-- (1) publish proposed regulations under this section in the Federal Register before the end of the 90-day period beginning on the date of the enactment of this Act, to allow for public comment; and (2) prescribe such regulations in final form before the end of the 90-day period beginning on the date the proposed regulations are so published, unless the Board determines that additional time, not to exceed 60 days, for comment on the proposed regulations is necessary. (e) Orders.--The Board may issue an order to any unregulated hedge fund to comply with the requirements of this section and the regulations prescribed under this section. SEC. 5. JUDICIAL ENFORCEMENT OF ORDERS. (a) In General.--The Board may, in the sole discretion of the Board, apply to-- (1) the United States district court within the jurisdiction of which the principal office of the unregulated hedge fund is located; or (2) in the case of an unregulated hedge fund which is a person of a foreign country (as defined in section 3502(d) of the Omnibus Trade and Competitiveness Act of 1988) and borrows from, accepts investments by, or is a counterparty to any person who resides within or is organized under the laws of the United States or any State, the United States District Court for the District of Columbia, for the enforcement of any effective and outstanding order issued under section 3 or 4, and such court shall have jurisdiction and power to order and require compliance therewith. (b) No Judicial Review.--No court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any order under section 4 or to review, modify, suspend, terminate, or set aside any such order. SEC. 6. PUBLIC DISCLOSURE OF DIRECT MATERIAL EXPOSURES TO SIGNIFICANTLY LEVERAGED FINANCIAL INSTITUTIONS. (a) Sense of the Congress.--It is the sense of the Congress that each public company, including financial institutions, should regularly and publicly disclose a summary of direct material exposures of the company, whether in the form of equity, loans, or other credit exposure, to significantly leveraged financial institutions, including commercial banks, investment banks, finance companies, and unregulated hedge funds. (b) Regulations Authorized.--The Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal banking agencies shall prescribe regulations to require the disclosures described in subsection (a). SEC. 7. ENHANCED COUNTERPARTY RISK MANAGEMENT BY DEPOSITORY INSTITUTIONS. Section 39(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1831s(a)(1)) is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) counterparty risk management;''.

Defines unregulated hedge fund as: (1) any pooled investment vehicle with capital of $3 billion or more that is privately organized, administered by professional investment managers, not widely available to the public, and is not registered as an investment company under the Investment Company Act of 1940; and (2) any group or family of such pooled investment vehicles with total assets under management of $20 billion or more. Authorizes judicial enforcement of orders issued by designated regulatory agencies. Denies judicial review of any order issued by such agencies. Expresses the sense of Congress that each public company, including financial institutions, should regularly and publicly disclose a summary of its direct material credit exposures to significantly leveraged financial institutions, including commercial banks, investment banks, finance companies, and unregulated hedge funds. Directs the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal banking agencies to prescribe regulations to require such disclosures. Amends the Federal Deposit Insurance Act to mandate that each appropriate Federal banking agency prescribe safety and soundness standards pertaining to counterparty risk management.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community AIDS and Hepatitis Prevention Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Each year, approximately 12,000 Americans contract HIV/ AIDS and approximately 19,000 Americans contract the hepatitis C virus directly or indirectly from sharing contaminated syringes. (2) A 2005 comprehensive international review of the evidence of the effectiveness of syringe exchange programs in preventing HIV transmission shows that such programs reduce HIV transmission and are cost-effective. Eight additional federally funded research reports concluded that syringe exchange programs, as part of a comprehensive HIV prevention strategy, are an effective public health intervention that reduces HIV transmission without increasing the use of illicit drugs. Research has also shown that syringe exchange programs are important in preventing the transmission of hepatitis B and C. In 2004, Dr. Elias A. Zerhouni, Director of the National Institutes of Health, wrote Members of Congress stating, ``A number of studies conducted in the United States have shown that syringe exchange programs do not increase drug use among participants or surrounding community members and are associated with reductions in the incidence of HIV, hepatitis B, and hepatitis C in the drug-using population.''. (3) As part of a comprehensive HIV and hepatitis C virus prevention effort, syringe exchange programs often provide HIV and hepatitis C counseling, testing, education, and tools to reduce sexual and drug use-related health risks; links to addiction treatment; overdose prevention; and referrals to other important medical and social services. Research has shown that injection drug users who are referred to addiction treatment from syringe exchange programs are more likely to enter and remain in treatment. (4) Research has shown that, by providing safe disposal of used injection equipment, syringe exchange programs significantly reduce the number of improperly discarded syringes in the community, thereby reducing the exposure of police, sanitation workers, children, and others to dangers of blood-borne disease from accidental syringe sticks. (5) Syringe exchange programs reduce the prevalence of HIV among injection drug users. A review of data from 81 cities across Europe, Asia, and North America found that, on average, HIV prevalence among injection drug users increased by 5.9 percent per year in the 52 cities without syringe exchange programs and decreased by 5.8 percent per year in the 29 cities with syringe exchange programs. (6) Syringe exchange programs are supported by American scientific and professional organizations, including the American Academy of Family Physicians, the American Academy of Pediatrics, the American Academy of Physicians Assistants, the American Academy of Addiction Psychiatry (formerly the American Academy of Psychiatrists in Alcoholism and Addictions), the American Bar Association, the American Medical Association, the American Nurses Association, the American Pharmacists Association, the American Psychiatric Association, the American Psychological Association, the American Public Health Association, the American Society of Addiction Medicine, the Association of Nurses in AIDS Care, the Association of State and Territorial Health Officials, the Infectious Diseases Society of America, the National Association of Boards of Pharmacy, the National Alliance of State and Territorial AIDS Directors, the United States Conference of Mayors, the World Health Organization, UNICEF, the World Bank, the International Red Cross-Red Crescent Society, UNAIDS, and the United Nations Office on Drugs and Crime; and United States government agencies, including the National Institutes of Health and the National Institute on Drug Abuse. (7) According to the most recent data from the Centers for Disease Control and Prevention, in 2005, 185 syringes exchanges were operating in 36 States, the District of Columbia, and Puerto Rico. Removing barriers to the use of Federal funding will empower localities to use their funding in the most efficient way to prevent HIV and viral hepatitis. (8) Despite the scientific and public health consensus that syringe exchange programs reduce HIV and do not increase substance abuse, a ban on funding syringe exchange has been enacted as part of each Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act since 1998. (9) A similar ban on the District of Columbia's use of its own funds for needle exchange programs was lifted in fiscal year 2008. (10) Title XXVI of the Public Health Service Act, as added by the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, is subject to a statutory ban on funding needle exchange programs. SEC. 3. USE OF FEDERAL FUNDS PERMITTED FOR SYRINGE EXCHANGE PROGRAMS. Notwithstanding any other provision of law, nothing shall prohibit the use of Federal funds to establish or carry out a program of distributing sterile syringes to reduce the transmission of bloodborne pathogens, including the human immunodeficiency virus (HIV) and viral hepatitis.

Community AIDS and Hepatitis Prevention Act - Provides that nothing shall prohibit the use of federal funds to establish or carry out a program of distributing sterile syringes to reduce the transmission of bloodborne pathogens, including the human immunodeficiency virus (HIV) and viral hepatitis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Duck Stamp Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) On March 16, 1934, the Congress passed and President Roosevelt signed the Act popularly known as the Duck Stamp Act (16 U.S.C. 718a et seq.), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp annually. (2) The Federal Duck Stamp program has become one of the most popular and successful conservation programs ever initiated. Because of it, our country again is teeming with migratory waterfowl and other wildlife that benefits from the wetland habitats. (3) Today, 1.7 million migratory bird hunting and conservation stamps are sold each year. As of 2003, such stamps have generated more than $600,000,000 in revenue that has been used to preserve over 5 million acres of migratory waterfowl habitat in the United States. Many of the more than 540 national wildlife refuges have been paid for all or in part with such revenue. SEC. 3. DEFINITIONS. In this section: (1) Actual stamp.--The term ``actual stamp'' means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (chapter 71; 16 U.S.C. 718a et seq., popularly known as the Duck Stamp Act), that is printed on paper and sold through a means in use immediately before the enactment of this section. (2) Automated licensing system.--The term ``automated licensing system''-- (A) means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products; and (B) includes a point-of-sale, Internet, or telephonic system used for such purpose. (3) Electronic stamp.--The term ``electronic stamp'' means an electronic version of an actual stamp, that-- (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 4(b). SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM. (a) Requirement to Conduct Program.--The Secretary of the Interior shall conduct a 3-year pilot program under which up to 15 States authorized by the Secretary may issue electronic stamps. (b) Commencement and Duration of Program.--The Secretary-- (1) shall use all means necessary to expeditiously implement this section no later than one year after the beginning of the first full Federal migratory waterfowl hunting seasons after the date of the enactment of this Act; and (2) shall carry out the pilot program for 3 Federal migratory waterfowl hunting seasons. (c) Consultation.--The Secretary shall carry out the program in consultation with State management agencies. SEC. 5. STATE APPLICATION. (a) Approval of Application Required.--A State may not participate in the pilot program under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. (b) Contents of Application.--The Secretary may not approve a State application unless the application contains the following: (1) A description of the format of the electronic stamp that the State will issue under the pilot program, including identifying features of licensee that will be specified on the stamp. (2) A description of any fee the State will charge for issuance of an electronic stamp. (3) A description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program. (4) The manner by which the State will transmit electronic stamp customer data to the Secretary. (5) The manner by which the State will deliver actual stamps. (6) The policies and procedures under which the State will issue duplicate electronic stamps. (7) Such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria.--The Secretary shall, by not later than 30 days before receiving applications for participation in the pilot program, publish-- (1) deadlines for submission of applications to participate in the program; (2) eligibility requirements for participation in the program; and (3) criteria for selecting States to participate in the program. SEC. 6. STATE OBLIGATIONS AND AUTHORITIES. (a) Delivery of Actual Stamp.--The Secretary shall require that a State must provide an actual stamp to each individual to whom the State sells an electronic stamp under the pilot program, by not later than the date the electronic stamp expires under section 7(c). (b) Collection and Transfer of Electronic Stamp Revenue and Customer Information.-- (1) Requirement to transmit.--The Secretary shall require that each State participating in the pilot program State must collect and transmit to the Secretary in accordance with this section-- (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; and (B) the face value amount of each electronic stamp sold by the State. (2) Time of transmittal.--The Secretary shall require the transmittal under paragraph (1) to be made with respect to sales of electronic stamps by a State occurring in a month-- (A) by not later than the 15th day of the subsequent month; or (B) as otherwise specified in the application of the State approved by the Secretary under section 5. (3) Additional fees not affected.--This section shall not apply to any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee.--A State participating in the pilot program may charge a reasonable fee to cover costs incurred by the State in issuing electronic stamps under the program, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps.--A State participating in the pilot program may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority to Require Purchase of State License.-- A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under the pilot program. SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP. (a) Stamp Requirements.--The Secretary shall require that an electronic stamp issued by a State under the pilot program must-- (1) have the same format as any other license, validation, or privilege the State issues under its automated licensing system; and (2) specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp.--Any electronic stamp issued by a State under the pilot program shall, during the effective period of the electronic stamp-- (1) bestow to the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing such hunting. (c) Duration.--An electronic stamp issued by a State under the pilot program shall be valid for 45 days. SEC. 8. TERMINATION OF STATE PARTICIPATION. Participation by a State in the pilot program may be terminated-- (1) by the Secretary, if the Secretary-- (A) finds that the State has violated the terms of the application of the State approved by the Secretary under section 5; and (B) provides to the State written notice of such termination by not later than 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later 30 days before the termination date. SEC. 9. EVALUATION. (a) Evaluation.--The Secretary, in consultation with State fish and wildlife management agencies, shall evaluate the pilot program and determine if it has provided a cost-effective and convenient means for issuing migratory-bird hunting and conservation stamps, including whether the program has-- (1) increased the availability of such stamps; (2) assisted States in meeting their customer service objectives with respect to such stamps; and (3) maintained actual stamps as an effective and viable conservation tool. (b) Report.--The Secretary shall submit a report on the findings of the Secretary under subsection (a).

Electronic Duck Stamp Act of 2004 - Directs the Secretary of the Interior to conduct a three-year pilot program under which up to 15 States authorized by the Secretary may issue electronic migratory bird hunting and conservation stamps. Requires implementation of the program no later than one year after the beginning of the first full Federal migratory waterfowl hunting seasons after enactment of this Act and continuation of the program for three such seasons. Prohibits a State's participation in the program absent the Secretary's approval of an application providing details of the State's electronic stamp process. Requires the Secretary to publish: (1) deadlines for the submission of State applications; (2) eligibility requirements for program participation; and (3) criteria for selecting States for the program. Directs the Secretary to require participating States to: (1) provide an actual (paper) stamp to each individual to whom the State sells an electronic stamp by the date on which the electronic stamp expires; and (2) collect and transmit to the Secretary electronic stamp revenue and customer information. Authorizes participating States to charge a reasonable fee to cover program costs. Sets forth requirements for electronic stamps. Authorizes termination of a State's participation in the program by the Secretary, upon written notice, for violations of the terms of an approved application or by the State. Requires the Secretary to evaluate and report on the pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act of 2007''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.-- (1) Repeal of 50 percent requirement.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (2) Computation.--Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (b) Repeal of Phase-In of Concurrent Receipt for Retirees With Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of such section is amended by striking ``except that'' and all that follows and inserting ``except-- ``(A) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and ``(B) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2007.''. (c) Clerical Amendments.-- (1) The heading for section 1414 of such title is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(2) has a combat-related disability.''. (b) Amendments To Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Qualified retirees.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended-- (A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``a qualified retiree''; and (B) by adding at the end the following new paragraph: ``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is also entitled for that month to veterans' disability compensation.''. (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.

Retired Pay Restoration Act of 2007 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). States that, in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of military retired pay is subject to a phase-in of concurrent receipt of both only during the period beginning on January 1, 2004, and ending on December 31, 2007 (currently September 30, 2009). Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate and Labor Electioneering Advertisement Reform Act'' or the ``CLEAR Act''. SEC. 2. STATEMENTS INCLUDED IN CAMPAIGN-RELATED COMMUNICATIONS FUNDED BY CORPORATIONS OR LABOR ORGANIZATIONS. (a) Requiring Statement Identifying Head of Corporation or Organization.--Section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended-- (1) in paragraph (2), by striking ``Any communication'' and inserting ``Except as provided in paragraph (3), any communication''; and (2) by adding at the end the following new paragraph: ``(3) Special rules for communications paid for by corporations or labor organizations.-- ``(A) Disclosure statement required.--Any communication described in paragraph (3) of subsection (a) which is a corporate communication or a labor organization communication and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C). ``(B) Method of conveyance of statement.-- ``(i) Communications transmitted through radio.--In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner by the applicable individual. ``(ii) Communications transmitted through television.--In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. The statement, together with a clearly readable logo of the corporation or labor organization (as the case may be), if any, shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logo, for a period of at least 4 seconds. ``(C) Disclosure statement described.--The disclosure statement described in this subparagraph is the following: `I am _______, and _______ paid for this advertisement and approves its contents.', with-- ``(i) the first blank to be filled in with the name and title of the applicable individual; and ``(ii) the second blank to the filled in with the name of the corporation (in the case of a corporate communication) or the name of the labor organization (in the case of a labor organization communication). ``(D) Definitions.--In this paragraph-- ``(i) the term `applicable individual' means the chief executive officer of a corporation (with respect to a corporate communication) or the highest ranking officer of a labor organization (with respect to a labor organization communication); ``(ii) the term `corporate communication' means a communication paid for in whole or in part by a corporation, other than a communication paid for in whole by a separate segregated fund established by a corporation under section 316(b)(2)(C); and ``(iii) the term `labor organization communication' means a communication paid for in whole or in part by a labor organization, other than a communication paid for in whole by a separate segregated fund established by a labor organization under section 316(b)(2)(C).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act.

Amends the Federal Election Campaign Act of 1971 to require certain campaign-related radio and television communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burt Lake Band of Ottawa and Chippewa Indians Act of 1994''. SEC. 2. FINDINGS. Congress finds the following: (1) The Burt Lake Band of Ottawa and Chippewa Indians are descendants and political successors to the Indians that signed the treaty between the United States and the Ottawa and Chippewa nations of Indians at Washington, D.C. on March 28, 1836, and the treaty between the United States and the Ottawa and Chippewa Indians of Michigan at Detroit on July 31, 1855. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the Indians that signed the treaties referred to in paragraph (1), have been recognized by the Federal Government as distinct Indian tribes. (3) The Burt Lake Band of Ottawa and Chippewa Indians consists of over 600 eligible members who continue to reside close to their ancestral homeland as recognized in the reservations of lands under the treaties referred to in paragraph (1) in the area that is currently known as Cheboygan County, Michigan. (4) The Band continues to exist and carry out political and social activities with a viable tribal government. (5) The Band, along with other Michigan Odawa and Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. (6) The Northern Michigan Ottawa Association subsequently submitted a successful land claim with the Indian Claims Commission. (7) During the period between 1948 and 1975, the Band carried out many governmental functions through the Northern Michigan Ottawa Association, and at the same time retained control over local decisions. (8) In 1975, the Northern Michigan Ottawa Association submitted a petition under the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.), to form a government on behalf of the Band. (9) In spite of the eligibility of the Band to form a government under such Act, the Bureau of Indian Affairs failed to act on such petition. (10) From 1836 to the date of enactment of this Act, the Federal Government, the government of the State of Michigan, and political subdivisions of the State have had continuous dealings with the recognized political leaders of the Band. SEC. 3. DEFINITIONS. As used in this Act: (1) Band.--The term ``Band'' means the Burt Lake Band of Ottawa and Chippewa Indians. (2) Member.--The term ``member'' means any individual enrolled in the Band pursuant to section 7. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Congress hereby reaffirms the Federal recognition of the Burt Lake Band of Ottawa and Chippewa Indians. (b) Applicability of Federal Laws.--Notwithstanding any other provision of law, each provision of Federal law (including any regulation) of general application to Indians or Indian nations, tribes, or bands, including the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.), that is inconsistent with any specific provision of this Act shall not apply to the Band or any of its members. (c) Federal Services and Benefits.-- (1) In general.--The Band and its members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians. Notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Band and its members without regard to-- (A) whether or not there is an Indian reservation for the Band; or (B) whether or not a member resides on or near an Indian reservation. (2) Service areas.--(A) For purposes of the delivery of Federal services to the enrolled members of the Band, the area of the State of Michigan within a 70-mile radius of the boundaries of the reservation for the Burt Lake Band, as set forth in the seventh paragraph of Article I of the treaty between the United States and the Ottawa and Chippewa Indians of Michigan (done at Detroit on July 31, 1855) shall be deemed to be within or near a reservation. (B) If an Indian reservation is established for the Band after the date of enactment of this Act, subparagraph (A) shall continue to apply on and after the date of the establishment of the reservation. (C) Unless prohibited by Federal law, the services and benefits referred to in paragraph (1) may be provided to members outside the service area described in subparagraph (A). SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--To the extent consistent with the reaffirmation of the recognition of the Band under section 4(a), all rights and privileges of the Band and its members that have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act may be construed to diminish any right or privilege of the Band or its members that existed before the date of the enactment of this Act. Except as otherwise specifically provided, nothing in this Act may be construed as altering or affecting any legal or equitable claim the Band may have to enforce any right or privilege reserved by or granted to the Band that was wrongfully denied to the Band or taken from the Band before the date of enactment of this Act. SEC. 6. TRIBAL LANDS. The tribal lands of the Band shall consist of all real property held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any property acquired by the Secretary pursuant to this section shall be held in trust by the United States for the benefit of the Band and shall become part of the reservation of the Band. SEC. 7. MEMBERSHIP. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Band shall submit to the Secretary a membership roll consisting of all individuals currently enrolled for membership in the Band at the time of the submission of the membership roll. (b) Qualifications.--The Band shall, in consultation with the Secretary, determine, pursuant to applicable laws (including ordinances) of the Band, the qualifications for including an individual on the membership roll. (c) Publication of Notice.--The Secretary shall publish notice of receipt of the membership roll in the Federal Register as soon as practicable after receiving the membership roll pursuant to subsection (a). (d) Maintenance of Roll.--The Band shall maintain the membership roll of the Band prepared pursuant to this section in such manner as to ensure that the membership roll is current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purpose of adopting a new constitution for the Band. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 476). (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 the enactment of this Act shall be the interim governing documents for the Band. (b) Officials.-- (1) Elections.--Not later than 180 days after the Band adopts a constitution and bylaws pursuant to subsection (a), the Band shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the governing constitution of the Band. The elections shall be conducted according to the procedures described in the governing constitution and bylaws of the Band. (2) Interim governments.--Until such time as the Band elects new officials pursuant to paragraph (1), the governing bodies of the Band shall include each governing body of the Band in effect on the date of the enactment of this Act, or any succeeding governing body selected under the election procedures specified in the applicable interim governing documents of the Band.

Burt Lake Band of Ottawa and Chippewa Indians Act of 1994 - Reaffirms Federal recognition and rights of the Burt Lake Band of Ottawa and Chippewa Indians (in the State of Michigan), including Federal services, benefits, and tribal lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Peer-to- Peer Pornography Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Peer-to-peer file trading software has been very widely distributed. The most popular of these programs has been downloaded over 200 million times, and at any one time, there are over 3 million people using it. (2) Peer-to-peer systems are emerging as a conduit for the distribution of pornographic images and videos, including child pornography. Child pornography is easily found and downloaded using peer-to-peer systems. (3) Child pornography has become increasingly available on peer-to-peer systems. In 2002, there was a fourfold increase in the number of reports of child pornography on peer-to-peer systems. (4) Approximately 40 percent of users of peer-to-peer systems are juveniles. (5) Juvenile users of peer-to-peer systems are at significant risk of inadvertent exposure to pornography, including child pornography, because searches on innocuous keywords likely to be used by juveniles produce a high proportion of pornographic images. (6) The availability of peer-to-peer systems as a distribution mechanism for child pornography may lead to further sexual abuse of children, because the production of child pornography is intrinsically related to sexual abuse of children. (7) Peer-to-peer systems also pose serious security and privacy threats to users. Among other things, peer-to-peer software often gives others access to all the files that are stored on a user's hard drive, and many users, including juvenile users and their parents, do not even know of these threats. (8) In light of these considerations, it is important that Federal law provide appropriate protection for juvenile users of peer-to-peer systems. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Commission'' means the Federal Trade Commission; (2) the term ``juvenile'' means an individual under the age of 18; (3) the term ``parent'' includes a legal guardian; (4) the terms ``peer-to-peer file trading software'' and ``peer-to-peer system'' have the definition given to such terms by the regulations to be promulgated under section 3(b)(1); (5) the term ``verifiable parental consent'' means any reasonable effort (taking into consideration available technology) to ensure that a parent of a juvenile receives notice as described in section 3(b)(2)(A) and authorizes the distribution of peer-to-peer file trading software to the juvenile, including efforts such as those constituting ``verifiable parental consent'' under the Children's Online Privacy Protection Act of 1998; (6) the term ``verification of majority'' means any reasonable effort (taking into consideration available technology) to ensure that a recipient of peer-to-peer file trading software is not a juvenile, including efforts such as accepting and verifying a credit card number in connection with a distribution of peer-to-peer file trading software; and (7) the term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. SEC. 4. REGULATION OF JUVENILE ACCESS TO PEER-TO-PEER NETWORKS. (a) Acts Prohibited.--It is unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause peer-to- peer file trading software to be distributed by another person, in interstate commerce in a manner that violates the regulations prescribed under subsection (b)(2). (b) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations that-- (1) define the term ``peer-to-peer file trading software'' for purposes of this Act, with such definition to encompass computer software that enables the transmission of computer files or data over the Internet or any other public network of computers and that has as its primary function the capability to do all of the following-- (A) enable a computer on which such software is used to transmit files or data to another such computer; (B) enable the user of one such computer to request the transmission of files or data from another such computer; and (C) enable the user of one such computer to designate files or data available for transmission to another such computer, but which definition excludes, to the extent otherwise included, software products legitimately marketed and distributed primarily for the operation of business and home networks, the networks of Internet access providers, or the Internet itself; and (2) require any person who distributes, or authorizes or causes another person to distribute, peer-to-peer file trading software in interstate commerce to-- (A) provide clear and prominent notice to each recipient of peer-to-peer file trading software, before the peer-to-peer file trading software is provided to the recipient, that use thereof may expose the user to pornography, illegal activities, and security and privacy threats; (B) check for the do-not-install beacon described in subsection (c)(1) and not transmit peer-to-peer file trading software to any computer with such beacon; (C) obtain verification of majority, or if a recipient is a juvenile obtain verifiable parental consent, before the peer-to-peer file trading software is provided to the recipient; (D) ask whether or not each juvenile recipient of peer-to-peer file trading software is a child under the age of 13; (E) comply with the provisions of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) as to all information collected from children in connection with the distribution of peer-to-peer file trading software; (F) ensure that the peer-to-peer file trading software has the capability to be readily disabled or uninstalled by a user thereof, and prominent means to access clear information concerning the availability and use of that capability; (G) if the peer-to-peer file trading software has the capability of automatically causing a user's computer to function as a supernode or other focal point for the transmission of files or data, or information about the availability of files or data, among other computers on which such software is used, ensure that such software does not exercise that capability unless the user receives clear and prominent notice thereof and thereafter takes affirmative steps to enable that capability; (H) if the peer-to-peer file trading software has the capability of disabling or circumventing security or other protective software on, or features of, the user's computer or network, including a firewall, software that protects against viruses or other malicious code or a do-not-install beacon or other parental control, ensure that such peer-to-peer file trading software does not exercise that capability unless the user receives clear and prominent notice thereof and thereafter takes affirmative steps to enable that capability; (I) if such person does not reside in the United States, designate a resident agent for service of process in the United States, and file with the Commission such designation and the address of the office or usual place of residence of the agent; (J) maintain reasonable records of its compliance with the requirements set forth in this paragraph; and (K) establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information contained in such records. (c) Technological Measures.--The Commission shall-- (1) not later than 1 year after the date of the enactment of this Act, in consultation with the Under Secretary for Technology of the Department of Commerce, develop and make readily available to the public functional requirements for standard ``do-not-install'' beacons that provide an effective technological means for parents to record on their computers their desire that users not install or use peer-to-peer file trading software on those computers; (2) make available to the public a list of do-not-install beacon products that have been certified by their producers as conforming to such functional requirements; and (3) if in any study required by section 6, it appears to the Commission that any commonly-used peer-to-peer file trading software does not have the capability required by subsection (b)(2)(F), promptly make readily available to the public information necessary to enable parents to disable or uninstall such software on their computers, and if necessary to allow parents to do so readily, develop and make available technological means for parents to disable or uninstall such software on their computers. (d) Enforcement.--A violation of the regulations prescribed under subsection (b)(2) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). In the case of any action arising under this Act against a person that does not reside in the United States and has distributed peer-to-peer file trading software, or authorized or caused peer-to- peer file trading software to be distributed by another person, in interstate commerce without designating an agent as required by subsection (b)(2)(I), service of process may be made by filing the same in the office of the Commission. SEC. 5. ACTIONS BY THE COMMISSION. (a) In General.--The Commission shall enforce this Act, and the regulations promulgated pursuant to 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. Any entity that violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provisions of law. SEC. 6. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general or other appropriate authority of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates the regulations of the Commission prescribed under section 3(b)(2), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the regulations; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general or other authority of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general or other authority of a State under this subsection, if the attorney general or other authority determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general or other authority of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general or other authority files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall be construed to prevent an attorney general or other authority of a State from exercising the powers conferred on the attorney general or other authority by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of any of the regulations of the Commission prescribed under section 3(b)(2), no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 7. STUDY. The Commission shall conduct an annual study concerning peer-to- peer file trading software, including the availability of child pornography and other pornographic images and videos using such software, security and privacy threats posed by such software, use of such software by juveniles, the ability of parents to control access to and use of such software by juveniles, the degree of compliance with and the effectiveness of this Act, and any legislative recommendations that may be warranted. The Commission shall submit a report to the Congress setting forth the results of each such study. The Under Secretary for Technology of the Department of Commerce shall provide to the Commission such staff and resources as necessary for the Commission to perform its duty efficiently and in accordance with this section. SEC. 8. EFFECTIVE DATE. Sections 4(a), 5, and 6 of this Act take effect on the date that is 18 months after the date of enactment of this Act.

Protecting Children from Peer-to-Peer Pornography Act of 2003 - Makes it unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause such software to be distributed by another person, in interstate commerce in a manner that violates regulations promulgated by the Federal Trade Commission (FTC) under this Act. Requires inclusion in such regulations of: (1) an appropriate definition of such software; and (2) requirements that any person who distributes such software provide notice that its use may expose the user to pornography, illegal activities, and computer security and privacy threats. Requires the FTC to develop and make readily available to the public functional requirements for standard "do not install" beacons that allow parents to record on their computers their desire that users not install such software on their computers. Authorizes enforcement actions through the FTC or by States. Directs the FTC to conduct a study concerning such software, including the availability of child pornography using such software, security and privacy threats posed by such software, use of such software by juveniles, and the ability of parents to control access to and use of such software by juveniles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Education and Counseling Assistance Act of 2007''. SEC. 2. FINANCIAL EDUCATION AND COUNSELING. (a) Demonstration Program.--Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) is amended by adding at the end the following: ``(g) Financial Education and Counseling.-- ``(1) Purposes.--The purposes of this subsection are to-- ``(A) increase financial education and counseling services available to homeowners and prospective homebuyers; ``(B) assist homeowners and prospective homebuyers to develop monthly budgets, build personal savings, finance or plan for major purchases, reduce their debt, improve their financial stability, and set and reach their financial goals; ``(C) help homeowners and prospective homebuyers understand their credit histories and its relationship to their credit score, so as to improve their credit score; ``(D) educate homeowners and prospective homebuyers about the options available to build savings or plan for retirement; and ``(E) provide financial education and counseling for homeowners and prospective homebuyers seeking to understand or improve their credit, savings, bill payments, or other personal financial needs. ``(2) Authority.--The Secretary of Housing and Urban Development shall carry out a grant program to assist eligible organizations to provide financial education and counseling services to homeowners and prospective homebuyers. ``(3) Grants.-- ``(A) In general.--The Secretary shall make grants to eligible organizations to enable such organization to provide a range of financial education and counseling services to homeowners and prospective homebuyers. ``(B) Selection.--The Secretary shall select organizations to receive assistance under this subsection based on their experience and ability to provide financial education and counseling services to homeowners and prospective homebuyers. ``(C) Preference.--The Secretary shall give preference to established community-based financial education and counseling organizations capable of providing in-person services. ``(4) Eligible organizations.--To be eligible to receive a grant under this subsection, an eligible organization shall be a-- ``(A) housing counseling agency certified by the Secretary under subsection (e); ``(B) nonprofit organization organized under section 501(c)(3) of the Internal Revenue Code; ``(C) State, local, or tribal government agency; or ``(D) community development financial institution (as defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)) or a credit union. ``(5) Eligible uses.--A grant awarded to an eligible organization under this subsection shall be used to provide a range of financial education and counseling services, including-- ``(A) assisting in the expansion of mortgage and housing-related financial counseling services; ``(B) providing information on important financial topics to homeowners and prospective homebuyers; and ``(C) assisting homeowners and prospective homebuyers to-- ``(i) develop sustainable monthly budgets; ``(ii) understand their credit history and their credit scores, so as to improve their credit score; ``(iii) develop a plan to manage their bills, reduce their debt, and improve their savings; and ``(iv) set and reach their financial goals. ``(6) Counseling activities.-- ``(A) Regulations.--The Secretary shall develop and issue guidelines and regulations to carry out the financial education and counseling program established under this subsection. ``(B) Content of regulations.--The guidelines and regulations required under subparagraph (A) shall be modeled on the regulations issued by the Secretary pursuant to the housing counseling program under subsection (c) and shall require each eligible organization under this subsection to-- ``(i) conduct a preliminary interview with a homeowner or prospective homebuyer to determine the financial needs of such homeowner or renter; ``(ii) develop a financial plan tailored to meet the financial needs of such homeowner or prospective homebuyer; and ``(iii) help each such homeowner or prospective homebuyer achieve their financial goals. ``(7) Coordination with the financial literacy and education commission.--In developing the guidelines and regulations required under paragraph (6) and in carrying out the grant program established under this subsection, the Secretary shall seek advice from and work in coordination with the Financial Literacy and Education Commission established under section 513 of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702) in order to avoid duplication and to utilize the resources and experience of the Commission. ``(8) Outreach.-- ``(A) To individuals.--The Secretary, in cooperation with eligible organizations, shall-- ``(i) carry out outreach efforts to ensure that homeowners and prospective homebuyers are aware of the financial education and counseling opportunities under this subsection; and ``(ii) make an special effort to serve individuals who-- ``(I) qualify for the earned income tax credit under section 32 of the Internal Revenue Code; ``(II) have a low credit score, damaged credit, or are without sufficient data to create a credit score; ``(III) are in danger of filing for bankruptcy; ``(IV) are subject to, or are in danger of, becoming subject to foreclosure proceedings; and ``(V) have low levels of personal saving, low net-worth, or high levels of debt. ``(B) To grantees.--The Secretary shall also make an effort to publish grant opportunities under this subsection to eligible organizations who may not typically seek out such Federal funding. ``(9) Study and report on effectiveness and impact.-- ``(A) In general.--Not later than 2 years after the date of enactment of the Financial Education and Counseling Assistance Act of 2007, the Inspector General of the Department of Housing and Urban Development shall conduct a study and 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 effectiveness and impact of the grant program established under this subsection. ``(B) Content of study.--The study required under subparagraph (A) shall include the following: ``(i) The effectiveness of the grant program established under this subsection in improving the financial situation of homeowners and prospective homebuyers served by the grant program. ``(ii) The impact of the financial education and counseling services provided under this subsection on reducing debt, building savings, and improving the overall financial well-being of homeowners and prospective homebuyers served by the grant program. ``(iii) An evaluation of the effectiveness and quality of the counselors providing financial education and counseling services under the grant program. ``(10) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.''. (b) Certification of Financial Counselors.--Section 106(e)(1) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e)(1)) is amended by striking ``(c), or (d),'' and inserting ``(c), (d), or (g)''.

Financial Education and Counseling Assistance Act of 2007 - Amends the Housing and Urban Development Act of 1968 to require the Secretary of Housing and Urban Development (HUD) to carry out a grant program to assist eligible organizations to provide financial education and counseling services to homeowners and prospective homebuyers. Requires the Secretary to give preference to established community-based financial education and counseling organizations capable of providing in-person services. Prohibits an organization from receiving such financial assistance unless its financial counselors are HUD-certified.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry American Heritage Area Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the industrial and cultural heritage of southwestern Pennsylvania, including the city of Pittsburgh, and the counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington, and Westmoreland, related directly to steel and steel-related industries, is nationally significant; (2) these industries include steelmaking, iron making, aluminum, specialty metals, glass, coal mining, coke production, machining and foundries, transportation, and electrical industries; (3) the industrial and cultural heritage of the steel and related industries in this region includes the social history and living cultural traditions of the people of the region; (4) the labor movement of the region played a significant role in the development of the Nation, including the formation of many key unions such as the Congress of Industrial Organizations (CIO) and the United Steel Workers of America (USWA), and crucial struggles to improve wages and working conditions, such as the Rail Strike of 1877, the Homestead Strike of 1892, and the Great Steel Strike of 1919; (5) the Department of the Interior is responsible for protecting the Nation's cultural and historic resources, and there are significant examples of these resources, within this seven-county region to merit the involvement of the Federal Government to develop programs and projects, in cooperation with the Steel Industry Heritage Corporation, the Commonwealth of Pennsylvania, and other local and governmental bodies, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization; and (6) the Steel Industry Heritage Corporation would be an appropriate management entity for a Heritage Area established in the region. (b) Statement of Purpose.--The objectives of the Steel Industry American Heritage Area are-- (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in the steel industry region of southwestern Pennsylvania and empower the communities to conserve their heritage while continuing to pursue economic opportunities; and (2) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the seven-county region of southwestern Pennsylvania. SEC. 3. STEEL INDUSTRY AMERICAN HERITAGE AREA. (a) Establishment.--There is hereby established a Steel Industry American Heritage Area (in this Act referred to as the ``Heritage Area''). (b) Boundaries.--The Heritage Area shall be comprised of the counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington, and Westmoreland in Pennsylvania. (c) Management Entity.--The management entity for the Heritage Area shall be the Steel Industry Heritage Corporation. SEC. 4. COMPACT. To carry out the purposes of this Act, the Secretary of the Interior (in this Act referred to as the ``Secretary'') shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including the following: (1) A delineation of the boundaries of the proposed American Heritage Area. (2) A discussion of the goals and objectives of the proposed American Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners referred to in clause (iv). (3) An identification and description of the management entity that will administer the proposed American Heritage Area. (4) A list of the initial partners to be involved in developing and implementing the management plan referred to in paragraph (3) for the proposed American Heritage Area, and a statement of the financial commitment of the partners. (5) A description of the role of the State or States in which the proposed American Heritage Area is located. The compact shall be prepared with public participation. Actions called for in the compact shall be likely to be initiated within a reasonable time after designation of the proposed American Heritage Area and shall ensure effective implementation of the State and local aspects of the compact. SEC. 5. MANAGEMENT PLAN. The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the Heritage Area's conservation, funding, management and development. Such plan shall take into consideration existing State, county, and local plans and involve residents, public agencies, and private organizations working in the Heritage Area. It shall include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. It shall specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area. Such plan shall include specifically as appropriate the following: (1) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance. (2) A recommendation of policies for resource management which consider and detail application of appropriate land and water management techniques, including but not limited to, the development of intergovernmental cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability. (3) A program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments of the identified partners for the first 5 years of operation. (4) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of the Act. (5) An interpretation plan for the Heritage Area. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--The management entity may, for purposes of preparing and implementing the management plan under section 5, use Federal funds made available through this Act-- (1) to make loans and grants to, and enter into cooperative agreements with, States and their political subdivisions, private organizations, or any person; and (2) to hire and compensate staff. (b) Duties of the Management Entity.--The management entity shall-- (1) develop and submit to the Secretary for approval a management plan as described in section 5 within 3 years after the date of the enactment of this Act; (2) give priority to implementing actions set forth in the compact and the management plan, including taking steps to-- (A) assist units of government, regional planning organizations, and nonprofit organizations in preserving the Heritage Area; (B) assist units of government, regional planning organizations, and nonprofit organizations in establishing, and maintaining interpretive exhibits in the Heritage Area; (C) assist units of government, regional planning organizations, and nonprofit organizations in developing recreational resources in the Heritage Area; (D) assist units of government, regional planning organizations, and nonprofit organizations in increasing public awareness of and appreciation for the natural, historical and architectural resources and sites in the Heritage Area; (E) assist units of government, regional planning organizations and nonprofit organizations in the restoration of any historic building relating to the themes of the Heritage Area; (F) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the plan; (G) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the plan; and (H) assist units of government, regional planning organizations and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; (3) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (4) conduct public meetings at least quarterly regarding the implementation of the management plan; (5) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the Secretary's approval; (6) for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth its accomplishments, its expenses and income, and the entity to which any loans and grants were made during the year for which the report is made; and (7) for any year in which Federal funds have been received under this Act, make available for audit all records pertaining to the expenditure of such funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds. If a management plan is not submitted to the Secretary as required under paragraph (1) within the specified time, the Heritage Area shall no longer qualify for Federal funding. (c) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. Nothing in this Act shall preclude any management entity from using Federal funds from other sources for their permitted purposes. (d) Eligibility for Receiving Financial Assistance.-- (1) Eligibility.--The management entity shall be eligible to receive funds appropriated through this Act for a period of 13 years after the day on which the compact under section 4 is signed by the Secretary and the management entity, except as provided in paragraph (2). (2) Exception.--The management entity's eligibility for funding under this Act may be extended for a period of not more than 5 additional years, if-- (A) the management entity determine such extension is necessary in order to carry out the purposes of this Act and notify the Secretary not later than 180 days prior to the termination date; (B) the management entity, not later than 180 days prior to the termination date, present to the Secretary a plan of their activities for the period of the extension, including provisions for becoming independent of the funds made available through this Act; and (C) the Secretary, with the advice of the Governor of Pennsylvania approves such extension of funding. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Duties and Authorities of the Secretary.-- (1) Technical and financial assistance.-- (A) In general.--The Secretary may, upon request of the management entity, provide technical and financial assistance to the Heritage Area to develop and implement the management plan. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (i) conserving the significant natural, historic, and cultural resources which support its themes; and (ii) providing educational, interpretive, and recreational opportunities consistent with its resources and associated values. (B) Spending for nonfederally owned property.--The Secretary may spend Federal funds directly on nonfederally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. The Historic American Building Survey/Historic American Engineering Record shall conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region. (2) Approval and disapproval of compacts and management plans.-- (A) In general.--The Secretary, in consultation with the Governor of Pennsylvania shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving such compact or management plan. (B) Action following disapproval.--If the Secretary disapproves a submitted compact or management plan, the Secretary shall advise the management entity in writing of the reasons therefor and shall make recommendations for revisions in the compact or plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (3) Approving amendments.--The Secretary shall review substantial amendments to the management plan for the Heritage Area. Funds appropriated pursuant to this Act may not be expended to implement the changes until the Secretary approves the amendments. (4) Promulgating regulations.--The Secretary shall promulgate such regulations as are necessary to carry out the purposes of this Act. (b) Duties of Federal Entities.--Any Federal entity conducting any activity directly affecting the Heritage Area shall consider the potential effect of the activity on the management plan for the area and shall consult with the Governor of Pennsylvania with respect to the activity to minimize the adverse effects of the activity on the area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Steel Industry American Heritage Area Act of 1995 - Establishes a Steel Industry American Heritage Area in Pennsylvania. Designates the Steel Industry Heritage Corporation as the Area's management entity. Requires: (1) the Secretary of the Interior, for purposes of carrying out this Act, to enter into a compact with the Corporation; and (2) the Corporation to develop and submit to the Secretary for approval a management plan for the Area that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Authorizes the Corporation, for purposes of preparing and implementing the management plan, to use Federal funds made available through this Act to: (1) make loans and grants to, and enter into cooperative agreements with, States and political subdivisions, private organizations, or any person; and (2) hire and compensate staff. Prohibits the Corporation from using Federal funds received under this Act to acquire real property or an interest in real property. Allows such entity to use Federal funds from other sources for their permitted purposes. Makes the Corporation eligible to receive funds appropriated through this Act for a 13-year period after the day on which the compact is signed by the Secretary and the Corporation. Allows such period to be extended for up to five additional years under specified conditions. Authorizes the Secretary to: (1) upon request of the Corporation, provide technical and financial assistance to the Area to develop and implement the management plan; and (2) spend Federal funds directly on nonfederally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. Requires the Historic American Building Survey-Historic American Engineering Record to conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farms for the Future Act Amendments of 1995''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--It is the purpose of this Act to provide agricultural producers in the United States, in cooperation with States and local governments, financially competitive options for maintaining prime, unique, and other strategic farmland in agricultural production. (b) Findings.--Congress finds the following: (1) Prime, unique, and other farmland that has strategic importance because of its exceptional agricultural, economic, or environmental contribution to society is being converted to nonagricultural uses because agricultural producers and other owners of such lands lack financially competitive options for retaining it in agricultural production. (2) States and local governments have been unable to provide sufficient incentives to landowners to maintain prime, unique, and other strategic farmland in agricultural production. (3) Federal assistance is needed to achieve the national interest in protecting prime, unique, and other strategic farmlands. SEC. 3. FEDERAL COST SHARING FOR ACQUISITION OF FARMLAND PROTECTION EASEMENTS. The Farms for the Future Act of 1990 (chapter 2 of subtitle E of title XIV of Public Law 101-624; 7 U.S.C. 4201 note) is amended by adding at the end the following new section: ``SEC. 1470C. FEDERAL COST SHARING FOR ACQUISITION OF FARMLAND PROTECTION EASEMENTS. ``(a) Definitions.--For purposes of this section: ``(1) Qualifying farmland.--The term `qualifying farmland' means land used for agricultural production that is determined by a eligible State or a local governmental agency of an eligible State to be-- ``(A) of particular importance to the State or locality because of its agricultural, economic, or environmental characteristics; and ``(B) at risk of conversion to uses incompatible with agricultural production. ``(2) Farmland protection easement.--The term `farmland protection easement' means an easement that, with respect to a parcel of land-- ``(A) prohibits or severely limits the uses of the land that are incompatible with continued agricultural production; and ``(B) runs with the land and binds all future landowners. ``(3) Eligible state.--The term `eligible State' means a State that has a program, approved by the Secretary, to acquire farmland protection easements. ``(b) Farmland Protection Easement Cost-Sharing.--In lieu of the authorities provided elsewhere in this chapter to assist eligible States to retain qualifying farmland in agricultural use, the Secretary may carry out a matching grant program under this section. ``(c) Farms for the Future Matching Grants.--The Secretary may make matching grants to an eligible State (and local governments approved by the State) to be used for the purpose of acquiring farmland protection easements to protect qualifying farmland from uses inconsistent with continued agricultural production or for the development or improvement of similar programs with this purpose. ``(d) Matching Requirements.--Matching grants under subsection (c) shall be made on a 50-50 matching basis, except that the Secretary may make matching grants for up to 90 percent of the cost of acquiring farmland protection easements by an eligible State (and local governments approved by the State) that is actively developing or carrying out programs to protect farmland from uses inconsistent with continued agricultural production. ``(e) Limitation on Total Amount of Grants.--An eligible State may not receive more than 10 percent of the total amount made available for matching grants under subsection (c) for a fiscal year. However, if fewer than 10 eligible States participate, the share provided to a State may be equal to its pro rata share of the total matching funds all States make available. ``(f) Conditions on Assistance.--In providing assistance under this section, the Secretary shall ensure that-- ``(1) funds provided under this section are used by an eligible State to protect qualifying farmland, with priority given to those lands of greatest importance to the State's agriculture industry; and ``(2) on average the purchase price of farmland protection easements acquired using such funds do not exceed fair market value. ``(g) Authorization of Appropriations.-- There is authorized to be appropriated such sums as may be necessary to carry out this section for each fiscal year.''.

Farms for the Future Act Amendments of 1995 - Amends the Farms for the Future Act of 1990 to authorize the Secretary of Agriculture to provide States with matching grants for farmland protection easements to retain qualifying farmland in agricultural use. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John Marshall Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) John Marshall served as the Chief Justice of the United States Supreme Court from 1801 to 1835, the longest tenure of any Chief Justice in the Nation's history. (2) John Marshall authored more than 500 opinions, including virtually all of the most important cases decided by the Supreme Court during his tenure. (3) Under his leadership, the Supreme Court of the United States gave shape to the fundamental principles of the Constitution, most notably the principle of judicial review. (4) John Marshall's service to the United States--not only as a Chief Justice, but also as a soldier in the Revolutionary War, as a Member of Congress, and as Secretary of State--truly makes him one of the most important figures in our Nation's history. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the 250th anniversary of the birth of Chief Justice John Marshall, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Chief Justice John Marshall and his immeasurable contributions to the Constitution of the United States and the Supreme Court of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the Supreme Court Historical Society; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2005. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2005. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing.--The Secretary, in cooperation with the Legacy Fund of the Library of Congress, shall develop and implement a marketing program to promote and sell the coins issued under this Act both within the United States and internationally. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Supreme Court Historical Society for the purposes of-- (1) supporting historical research and educational programs about the Supreme Court and the Constitution of the United States and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving antiques, artifacts, and other historical items related to the Supreme Court and the Constitution of the United States and related topics. (c) Audits.--The Supreme Court Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Society under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

John Marshall Commemorative Coin Act - Directs the Secretary of the Treasury: (1) to mint and issue not more than 400,000 silver one-dollar coins emblematic of Chief Justice John Marshall and his contributions to the United States in commemoration of the 250th anniversary of his birth; and (2) in cooperation with the Legacy Fund of the Library of Congress, to develop and implement a marketing program to promote and sell the coins. Directs that all sales of coins minted under this Act include a ten-dollar per coin surcharge, to be paid by the Secretary to the Supreme Court Historical Society for purposes of: (1) supporting historical research and educational programs about the Supreme Court, the Constitution, and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving related antiques, artifacts, and other historical items. Prohibits any surcharge from being included with respect to the issuance under this Act of any coin if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued to exceed the annual two commemorative coin program issuance limitation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commute Less Act of 2017''. SEC. 2. METROPOLITAN TRANSPORTATION PLANNING. (a) Definitions.--Section 5303(b) of title 49, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (9); (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (3) by inserting before paragraph (2) (as so redesignated by paragraph (2) of this subsection) the following: ``(1) Employer-based commuter program.--The term `employer- based commuter program' means a program implemented by an employer that provides employees of that employer with alternatives to driving to and from work in a vehicle occupied by a single individual, including the following: ``(A) A carpool program. ``(B) A vanpool program. ``(C) A transit benefit program. ``(D) A parking cash-out program. ``(E) A shuttle program. ``(F) A telework program.''; and (4) by inserting before paragraph (9) (as so redesignated by paragraph (1) of this subsection) the following: ``(8) Transportation management organization.--The term `transportation management organization' means a local, regional, or statewide association of employers established for the purpose of providing employees of those employers with alternatives to driving to and from work in a vehicle occupied by a single individual.''. (b) Development of Transportation Plan.-- (1) Transportation plan.--Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following: ``(I) Employer outreach activities and strategies.--Proposed activities and strategies to provide outreach to employers and transportation management organizations to facilitate the creation and expansion of employer-based commuter programs.''. (2) Participation by interested parties.--Section 5303(i)(6)(A) of title 49, United States Code, is amended-- (A) by striking ``, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program''; and (B) by inserting after ``the disabled,'' the following: ``representatives of employers, employer- based commuter programs, and transportation management organizations,''. (c) Metropolitan TIP.--Section 5303(j)(2)(A) of title 49, United States Code, is amended by striking the period at the end and inserting ``, including projects identified in a relevant commuter trip reduction plan developed under subsection (s).''. (d) Transportation Management Areas.--Section 5303(k)(3) of title 49, United States Code, is amended-- (1) in subparagraph (A) by striking ``operators, employer- based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program'' and inserting ``operations and employer-based commuter programs''; (2) by striking subparagraphs (C) and (D); and (3) by adding at the end the following: ``(C) Employer involvement.--A process for addressing congestion management under subparagraph (A) shall be developed in coordination with any relevant employer advisory council established under subsection (s) and shall include projects identified in the commuter trip reduction plan of that council.''. (e) Employer Advisory Councils and Information Clearinghouse.-- Section 5303 of title 49, United States Code, is amended by adding at the end the following: ``(s) Employer Advisory Councils.-- ``(1) In general.--Each metropolitan planning organization serving a transportation management area shall establish an employer advisory council that consists of representatives of employers in the area served by the metropolitan planning organization. ``(2) Membership.-- ``(A) In general.--An employer advisory council shall consist of not less than 7 representatives of employers and representatives of identified transportation management organizations in the area served by the relevant metropolitan planning organization. ``(B) Ensuring a diverse cross-section of employers.--In establishing an employer advisory council, a metropolitan planning organization, to the extent practicable, shall ensure that the membership of the council includes a diverse cross-section of employers from the area served by the organization. ``(3) Commuter trip reduction plan.--An employer advisory council established under paragraph (1) shall develop and maintain a commuter trip reduction plan that identifies-- ``(A) commuting patterns in the area served by the relevant metropolitan planning organization; ``(B) area goals for the reduction of vehicle miles traveled during peak commuting hours; ``(C) existing and proposed employer-based commuter programs in the area; ``(D) a series of projects and activities to facilitate achievement of the goals identified under subparagraph (B); and ``(E) a financing plan for the projects and activities identified under subparagraph (D). ``(t) Information Clearinghouse.--The Secretary is authorized to make a grant to a national nonprofit organization engaged in efforts relating to employer-based commuter programs or another entity to-- ``(1) establish and operate an information clearinghouse relating to employer investment in transportation and employer- based commuter programs; ``(2) develop an education program with respect to employer investment in transportation and employer-based commuter programs; and ``(3) provide technical assistance relating to employer- based commuter programs and disseminate techniques and strategies used by successful employer-based commuter programs.''. SEC. 3. CONGESTION MITIGATION DURING PROJECT CONSTRUCTION. Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(k) Congestion Mitigation Plans.-- ``(1) Requirement.--A recipient of Federal financial assistance under this title for a project with an estimated total cost of $75,000,000 or more or that will reduce traffic flow (as defined by the Secretary) for more than 120 days shall prepare a congestion mitigation plan for such project that includes funding for projects to reduce vehicle miles traveled during peak commuting hours along the impacted corridor. ``(2) Coordination.--A recipient shall prepare a congestion mitigation plan under paragraph (1) in coordination with any relevant employer advisory council established under section 5303(s) of title 49. ``(3) Review by secretary.--A congestion mitigation plan prepared under paragraph (1) shall be made available to the Secretary for review upon the request of the Secretary.''. SEC. 4. EMPLOYER-BASED COMMUTER PROGRAMS ACTION PLAN. (a) In General.--The Secretary of Transportation shall develop and implement a plan to expand and promote employer-based commuter programs (as defined in section 5303(b) of title 49, United States Code). (b) Contents.--The plan developed under subsection (a) shall include plans-- (1) to amend existing regulations and guidance and, if necessary, develop new regulations and guidance to ensure that employer-based commuter programs are integrated, to the extent possible, into all appropriate Federal transportation programs; (2) to identify best practices with respect to employer- based commuter programs; (3) to research the effectiveness and efficiency of employer-based commuter programs; and (4) to create a national and regional peer exchange program to ensure that developments with respect to employer-based commuter programs are shared and issues are addressed. (c) Timing.--Not later than 180 days after the date of enactment of this Act, the Secretary shall finalize and begin implementation of the plan developed under subsection (a). (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate a report on the implementation and impact of the plan developed under subsection (a). SEC. 5. DISASTER PREPAREDNESS REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate a report with recommendations on how to better integrate employer-based commuter programs (as defined in section 5303(b) of title 49, United States Code) into emergency planning, preparedness, and response activities. (b) Coordination.--In preparing the report under subsection (a), the Secretary shall consult with-- (1) the Administrator of the Federal Emergency Management Agency; and (2) stakeholders, including national and regional organizations and experts that promote employer-based commuter programs.

Commute Less Act of 2017 (Sec. 2) This bill requires metropolitan planning organization (MPO) transportation plans to include, among other things, employer and transportation management organization outreach activities and strategies to help create and expand employer-based commuter programs. An "employer-based commuter program" means a program implemented by employers to provide their employees with alternatives to driving to and from work in a vehicle occupied by a single individual. The bill revises requirements regarding the interested parties that may comment on MPO transportation plans to include representatives of employers, employer-based commuter programs, and transportation management organizations. The bill requires each MPO to establish an employer advisory council consisting of representatives of employers in the transportation management area. Each council shall develop and maintain a commuter trip reduction plan that identifies area goals for the reduction of vehicle miles traveled during peak commuting hours. MPO transportation improvement programs shall include, among other things, a list of projects identified in a commuter trip reduction plan that help achieve such reduction goals. The Department of Transportation (DOT) is authorized to make a grant to a national nonprofit organization or other entity engaged in efforts relating to employer-based commuter programs to establish and operate an information clearinghouse for employer investment in transportation and employer-based commuter programs. (Sec. 3) Recipients of federal assistance for the construction of federal-aid highway projects costing $75 million or more, or that will reduce traffic flow for more than 120 days, shall prepare congestion mitigation plans that include funding for projects to reduce vehicle miles traveled during peak commuting hours along impacted corridors. (Sec. 4) DOT shall: develop and implement a plan to expand and promote employer-based commuter programs; and report to Congress recommendations on how to better integrate such programs into disaster emergency planning, preparedness, and response activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Information Act of 1997''. SEC. 2. MEDICARE BENEFICIARY INFORMATION. (a) In General.--Section 1876(c)(3)(E) of the Social Security Act (42 U.S.C. 1395mm(c)(3)(E)) is amended to read as follows: ``(E)(i) Each eligible organization shall provide in any marketing materials distributed to individuals eligible to enroll under this section and to each enrollee at the time of enrollment and not less frequently than annually thereafter, an explanation of the individual's rights and responsibilities under this section and a copy of the most recent comparative report (as established by the Secretary under clause (ii)) for that organization. ``(ii)(I) The Secretary shall develop an understandable standardized comparative report on the plans offered by eligible organizations, that will assist beneficiaries under this title in their decisionmaking regarding medical care and treatment by allowing the beneficiaries to compare the organizations that the beneficiaries are eligible to enroll with. In developing such report the Secretary shall consult with outside organizations, including groups representing the elderly, eligible organizations under this section, providers of services, and physicians and other health care professionals, in order to assist the Secretary in developing the report. ``(II) The report described in subclause (I) shall include a comparison for each plan of-- ``(aa) the premium for the plan; ``(bb) the benefits offered by the plan, including any benefits that are additional to the benefits offered under parts A and B; ``(cc) the amount of any deductibles, coinsurance, or any monetary limits on benefits; ``(dd) the number of individuals who disenrolled from the plan within 3 months of enrollment and during the previous fiscal year, stated as percentages of the total number of individuals in the plan; ``(ee) the procedures used by the plan to control utilization of services and expenditures, including any financial incentives; ``(ff) the number of applications during the previous fiscal year requesting that the plan cover certain medical services that were denied by the plan (and the number of such denials that were subsequently reversed by the plan), stated as a percentage of the total number of applications during such period requesting that the plan cover such services; ``(gg) the number of times during the previous fiscal year (after an appeal was filed with the Secretary) that the Secretary upheld or reversed a denial of a request that the plan cover certain medical services; ``(hh) the restrictions (if any) on payment for services provided outside the plan's health care provider network; ``(ii) the process by which services may be obtained through the plan's health care provider network; ``(jj) coverage for out-of-area services; ``(kk) any exclusions in the types of health care providers participating in the plan's health care provider network; and ``(ll) any additional information that the Secretary determines would be helpful for beneficiaries to compare the organizations that the beneficiaries are eligible to enroll with. ``(III) The comparative report shall also include-- ``(aa) a comparison of each plan to the fee-for-service program under parts A and B; and ``(bb) an explanation of medicare supplemental policies under section 1882 and how to obtain specific information regarding such policies. ``(IV) The Secretary shall, not less than annually, update each comparative report. ``(iii) Each eligible organization shall disclose to the Secretary, as requested by the Secretary, the information necessary to complete the comparative report. ``(iv) In this subparagraph-- ``(I) the term `health care provider' means anyone licensed under State law to provide health care services under part A or B; ``(II) the term `network' means, with respect to an eligible organization, the health care providers who have entered into a contract or agreement with the organization under which such providers are obligated to provide items, treatment, and services under this section to individuals enrolled with the organization under this section; and ``(III) the term `out-of-network' means services provided by health care providers who have not entered into a contract agreement with the organization under which such providers are obligated to provide items, treatment, and services under this section to individuals enrolled with the organization under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts entered into or renewed under section 1876 of the Social Security Act (42 U.S.C. 1395mm) after the expiration of the 1- year period that begins on the date of enactment of this Act. SEC. 3. APPLICATION OF ADDITIONAL INFORMATION TO MEDICARE SELECT POLICIES. (a) In General.--Section 1882(t) of the Social Security Act (42 U.S.C. 1395ss(t)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (E); (B) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (C) by adding at the end the following: ``(G) notwithstanding any other provision of this section to the contrary, the issuer of the policy meets the requirements of section 1876(c)(3)(E)(i) with respect to individuals enrolled under the policy, in the same manner such requirements apply with respect to an eligible organization under such section with respect to individuals enrolled with the organization under such section; and ``(H) the issuer of the policy discloses to the Secretary, as requested by the Secretary, the information necessary to complete the report described in paragraph (4).''; and (2) by adding at the end the following: ``(4) The Secretary shall develop an understandable standardized comparative report on the policies offered by entities pursuant to this subsection. Such report shall contain information similar to the information contained in the report developed by the Secretary pursuant to section 1876(a)(3)(E)(ii).''. (b) Effective Date.--The amendments made by subsection (a) shall apply to policies issued or renewed on or after the expiration of the 1-year period that begins on the date of enactment of this Act. SEC. 4. NATIONAL INFORMATION CLEARINGHOUSE. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary shall establish and operate, out of funds otherwise appropriated to the Secretary, a clearinghouse and (if the Secretary determines it to be appropriate) a 24-hour toll-free telephone hotline, to provide for the dissemination of the comparative reports created pursuant to section 1876(c)(3)(E)(ii) of the Social Security Act (42 U.S.C. 1395mm(c)(3)(E)(ii)) (as amended by section 2 of this Act) and section 1882(t)(4) of the Social Security Act (42 U.S.C. 1395ss(t)(4)) (as added by section 3 of this Act). In order to assist in the dissemination of the comparative reports, the Secretary may also utilize medicare offices open to the general public, the beneficiary assistance program established under section 4359 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-3), and the health insurance information counseling and assistance grants under section 4359 of that Act (42 U.S.C. 1395b-4).

Medicare Beneficiary Information Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise requirements that eligible organizations provide enrollees with an explanation of their rights. Requires inclusion in such explanation of a copy of the most recent report comparing the organizations that Medicare beneficiaries are eligible to enroll with. Directs the Secretary of Health and Human Services to establish such comparative reports according to prescribed criteria in an understandable standardized format. Applies the same new requirements to Medicare select policies. Directs the Secretary to establish a clearinghouse and, if appropriate, a toll-free telephone hotline to provide for dissemination of such comparative reports.

TITLE I--VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS PRESERVATION SEC. 101. SHORT TITLE. This title may be cited as the ``Vicksburg Campaign Trail Battlefields Preservation Act of 1999''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are situated along the Vicksburg Campaign Trail in the States of Mississippi, Louisiana, Arkansas, and Tennessee the sites of several key Civil War battles; (2) the battlefields along the Vicksburg Campaign Trail are collectively of national significance in the history of the Civil War; and (3) the preservation of those battlefields would vitally contribute to the understanding of the heritage of the United States. (b) Purpose.--The purpose of this title is to authorize a feasibility study to determine what measures should be taken to preserve certain Civil War battlefields along the Vicksburg Campaign Trail. SEC. 103. DEFINITIONS. In this title: (1) Campaign trail state.--The term ``Campaign Trail State'' means each of the States of Mississippi, Louisiana, Arkansas, and Tennessee, including political subdivisions of those States. (2) Civil war battlefields.-- (A) In general.--The term ``Civil War battlefields'' means the land and interests in land that is the site of a Civil War battlefield, including structures on or adjacent to the land, as generally depicted on the Map. (B) Inclusions.--The term ``Civil War battlefields'' includes-- (i) the battlefields at Helena and Arkansas Post, Arkansas; (ii) Goodrich's Landing near Transylvania, and sites in and around Lake Providence, East Carroll Parish, Louisiana; (iii) the battlefield at Milliken's Bend, Madison Parish, Louisiana; (iv) the route of Grant's march through Louisiana from Milliken's Bend to Hard Times, Madison and Tensas Parishes, Louisiana; (v) the Winter Quarters at Tensas Parish, Louisiana; (vi) Grant's landing site at Bruinsburg, and the route of Grant's march from Bruinsburg to Vicksburg, Claiborne, Hinds, and Warren Counties, Mississippi; (vii) the battlefield at Port Gibson (including Shaifer House, Bethel Church, and the ruins of Windsor), Claiborne County, Mississippi; (viii) the battlefield at Grand Gulf, Claiborne County, Mississippi; (ix) the battlefield at Raymond (including Waverly, (the Peyton House)), Hinds County, Mississippi; (x) the battlefield at Jackson, Hinds County, Mississippi; (xi) the Union siege lines around Jackson, Hinds County, Mississippi; (xii) the battlefield at Champion Hill (including Coker House), Hinds County, Mississippi; (xiii) the battlefield at Big Black River Bridge, Hinds and Warren Counties, Mississippi; (xiv) the Union fortifications at Haynes Bluff, Confederate fortifications at Snyder's Bluff, and remnants of Federal exterior lines, Warren County, Mississippi; (xv) the battlefield at Chickasaw Bayou, Warren County, Mississippi; (xvi) Pemberton's Headquarters at Warren County, Mississippi; (xvii) the site of actions taken in the Mississippi Delta and Confederate fortifications near Grenada, Grenada County, Mississippi; (xviii) the site of the start of Greirson's Raid and other related sites, LaGrange, Tennessee; and (xix) any other sites considered appropriate by the Secretary. (3) Map.--The term ``Map'' means the map entitled ``Vicksburg Campaign Trail National Battlefields'', numbered ______, and dated ______. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 104. FEASIBILITY STUDY. (a) In General.--Not later than 1 year after the date that funds are made available to carry out this title, the Secretary shall complete a feasibility study to determine what measures should be taken to preserve Civil War battlefields. (b) Components.--In completing the study, the Secretary shall-- (1) enter into contracts with entities to use advanced technology such as remote sensing, river modeling, and flow analysis to determine which property included in the Civil War battlefields should be preserved, restored, managed, maintained, or acquired due to the national historical significance of the property; (2) evaluate options for the establishment of a management entity for the Civil War battlefields consisting of a unit of government or a private nonprofit organization that-- (A) administers and manages the Civil War battlefields; and (B) possesses the legal authority to-- (i) receive Federal funds and funds from other units of government or other organizations for use in managing the Civil War battlefields; (ii) disburse Federal funds to other units of government or other nonprofit organizations for use in managing the Civil War battlefields; (iii) enter into agreements with the Federal government, State governments, or other units of government and nonprofit organizations; and (iv) acquire land or interests in land by gift or devise, by purchase from a willing seller using donated or appropriated funds, or by donation; (3) make recommendations to the Campaign Trail States for the management, preservation, and interpretation of the natural, cultural, and historical resources of the Civil War battlefields; (4) identify appropriate partnerships among Federal, State, and local governments, regional entities, and the private sector, including nonprofit organizations and the organization known as ``Friends of the Vicksburg Campaign and Historic Trail'', in furtherance of the purposes of this title; and (5) recommend methods of ensuring continued local involvement and participation in the management, protection, and development of the Civil War battlefields. (c) Report.--Not later than 60 days after the date of completion of the study under this section, the Secretary shall submit a report describing the findings of the study to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this title $1,500,000. TITLE II--MISSISSIPPI CIVIL RIGHTS TRAIL STUDY SEC. 201. SHORT TITLE. This title may be cited as the ``Mississippi Civil Rights Trail Study Act of 1999''. SEC. 202. AUTHORIZATION OF STUDY. (a) In General.--Not later than 1 year after the date that funds are made available to carry out this title, the Secretary of the Interior (hereinafter in this title referred to as the ``Secretary'') shall complete a study identifying sites within the boundaries of the State of Mississippi that are significant to the modern civil rights movement for the purpose of historical interpretation and recognition. The study shall include an evaluation of the feasibility of establishing a Civil Rights Trail by linking the identified sites for interpretive purposes. (b) Criteria; Emphasis.--In conducting the study pursuant to subsection (a), the Secretary shall-- (1) use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91-383 (commonly known as the National Park System General Authorities Act); and (2) place special emphasis on studying the sites on the Mississippi delta and within the Mississippi counties of Hindes, Lauderdale, Neshoba, Amite, Adams, Harrison, Jackson, Marshall, Lafayette, Clay, Lowndess, and Noxubee. SEC. 203. REPORT. Not later than 60 days after the date of completion of the study under this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report on the findings, conclusions, and recommendations of the study. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000.

Title II: Mississippi Civil Rights Trail Study - Mississippi Civil Rights Trail Study Act of 1999 - Directs the Secretary to complete and report to specified congressional committees on a study identifying sites within Mississippi that are significant to the modern civil rights movement for purposes of historical interpretation and recognition. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing Process Improvement Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality; (2) hydroelectric power is the leading renewable energy resource of the United States; (3) hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits; (4) in the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission; (5) the process of licensing hydroelectric projects by the Commission-- (A) does not produce optimal decisions, because the agencies that participate in the process are not required to consider the full effects of their mandatory and recommended conditions on a license; (B) is inefficient, in part because agencies do not always submit their mandatory and recommended conditions by a time certain; (C) is burdened by uncoordinated environmental reviews and duplicative permitting authority; and (D) is burdensome for all participants and too often results in litigation; and (6) while the alternative licensing procedures available to applicants for hydroelectric project licenses provide important opportunities for the collaborative resolution of many of the issues in hydroelectric project licensing, those procedures are not appropriate in every case and cannot substitute for statutory reforms of the hydroelectric licensing process. SEC. 3. PURPOSE. The purpose of this Act is to achieve the objective of relicensing hydroelectric power projects to maintain high environmental standards while preserving low cost power by-- (1) requiring agencies to consider the full effects of their mandatory and recommended conditions on a hydroelectric power license and to document the consideration of a broad range of factors; (2) requiring the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license; and (3) making other improvements in the licensing process. SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); and ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with responsibility for supervising the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.-- ``(1) In general.--In determining a condition, a consulting agency shall take into consideration-- ``(A) the impacts of the condition on-- ``(i) economic and power values; ``(ii) electric generation capacity and system reliability; ``(iii) air quality (including consideration of the impacts on greenhouse gas emissions); and ``(iv) drinking, flood control, irrigation, navigation, or recreation water supply; ``(B) compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available; and ``(C) means to ensure that the condition addresses only direct project environmental impacts, and does so at the lowest project cost. ``(2) Documentation.-- ``(A) In general.--In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. ``(B) Submission to the commission.--A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. ``(c) Scientific Review.-- ``(1) In general.--Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. ``(2) Data.--For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review-- ``(A) was based on current empirical data or field- tested data; and ``(B) was subjected to peer review. ``(d) Relationship to Impacts on Federal Reservation.--In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. ``(e) Administrative Review.-- ``(1) Opportunity for review.--Before submitting to the Commission a proposed condition, and at least 90 days before a license applicant is required to file a license application with the Commission, a consulting agency shall provide the proposed condition to the license applicant and offer the license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of-- ``(A) the reasonableness of the proposed condition in light of the effect that implementation of the condition will have on the energy and economic values of a project; and ``(B) compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). ``(2) Completion of review.-- ``(A) In general.--A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. ``(B) Failure to make timely completion of review.--If review of a proposed condition is not completed within the time specified by subparagraph (A), the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). ``(3) Remand.--If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall-- ``(A) render a decision that-- ``(i) explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable; or ``(ii) explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement; and ``(B) remand the matter to the consulting agency for further action. ``(4) Submission to the commission.--Following administrative review under this subsection, a consulting agency shall-- ``(A) take such action as is necessary to-- ``(i) withdraw the condition; ``(ii) formulate a condition that follows the recommendation of the administrative law judge or reviewing body; or ``(iii) otherwise comply with this section; and ``(B) include with its submission to the Commission of a proposed condition-- ``(i) the record on administrative review; and ``(ii) documentation of any action taken following administrative review. ``(f) Submission of Final Condition.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission shall set a date by which a consulting agency shall submit to the Commission a final condition. ``(2) Limitation.--Except as provided in paragraph (3), the date for submission of a final condition shall be not later than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not submit a final condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). ``(g) Analysis by the Commission.-- ``(1) Economic analysis.--The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. ``(2) Consistency with this section.--In exercising authority under section 10(j)(2), the Commission shall consider whether any recommendation submitted under section 10(j)(1) is consistent with the purposes and requirements of subsections (b) and (c) of this section. ``(h) Commission Determination on Effect of Conditions.--When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency-- ``(1) is in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1); ``(2) was subjected to scientific review in accordance with subsection (c); ``(3) relates to direct project impacts within the reservation, in the case of a condition for the first proviso of section 4(e); ``(4) is reasonable; ``(5) is supported by substantial evidence; and ``(6) is consistent with this Act and other terms and conditions to be included in the license.''. (b) Conforming and Technical Amendments.-- (1) Section 4.--Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended-- (A) in the first proviso of the first sentence by inserting after ``conditions'' the following: ``, determined in accordance with section 32,''; and (B) in the last sentence, by striking the period and inserting ``(including consideration of the impacts on greenhouse gas emissions)''. (2) Section 18.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. ``(a) Lead Agency Responsibility.--The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a single consolidated environmental review-- ``(1) for each such project; or ``(2) if appropriate, for multiple projects located in the same area. ``(b) Consulting Agencies.--In connection with the formulation of a condition in accordance with section 32, a consulting agency shall not perform any environmnental review in addition to any environmental review performed by the Commission in connection with the action to which the condition relates. ``(c) Deadlines.-- ``(1) In general.--The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. ``(2) Considerations.--In setting a deadline under paragraph (1), the Commission shall take into consideration-- ``(A) the need of the license applicant for a prompt and reasonable decision; ``(B) the resources of interested Federal, State, and local government agencies; and ``(C) applicable statutory requirements.''. SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. (b) Definition of Small Hydroelectric Project.--The Commission may by regulation define the term ``small hydroelectric project'' for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.

Prescribes implementation guidelines, including scientific and administrative review, and coordinated environmental review by the Federal Energy Regulatory Commission (FERC) as the designated lead agency. Directs FERC to submit a feasibility study to certain congressional committees congressional committees regarding the establishment of a special licensing procedure for small hydroelectric projects (projects with a generating capacity of five megawatts or less).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Counterdrug Strategy and Enforcement Enhancement Act''. SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY. (a) In General.--Not later than 120 days after the date of enactment of this Act, and every 2 years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Federal Lands Counterdrug Strategy. (b) Purposes.--The Federal Lands Counterdrug Strategy shall-- (1) set forth the Government's strategy for preventing the illegal production, cultivation, manufacture, and trafficking of controlled substances on covered lands; (2) state the specific roles and responsibilities of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, for implementing that strategy; and (3) identify the specific resources required to enable the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, to implement that strategy. (c) Specific Content Related to Marijuana Eradication.--The Federal Lands Counterdrug Strategy shall include-- (1) a strategy to reduce the cultivation and trafficking of marijuana on covered lands; and (2) an examination of how technology available when the Federal Lands Counterdrug Strategy is being prepared, including herbicides, can be used to reduce the cultivation and trafficking of marijuana on covered lands. (d) Specific Content Related to the Effect of Land-Management Laws on the Enforcement of Drug Laws.--The Federal Lands Counterdrug Strategy shall include an analysis of the effect of Federal laws related to the management of covered lands on the enforcement of the Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other Federal laws related to the importation, manufacture, distribution, possession, or use of controlled substances as the Director considers appropriate. The analysis shall include an assessment of-- (1) whether such land-management laws hinder enforcement on covered lands of such laws related to controlled substances; (2) whether any hindrance of enforcement described in paragraph (1) results from restrictions under such land- management laws that-- (A) limit the use of tools or strategies, including motor vehicles, used by law enforcement personnel to enforce such laws related to controlled substances in areas that are not on covered lands; or (B) result in a lack of access to areas on covered lands that creates havens for the importation, manufacture, distribution, possession, or use of controlled substances; and (3) whether any additional authorities, including exceptions from or waiver authority with respect to such land- management laws, are needed to prevent the importation, manufacture, distribution, possession, or use of controlled substances on covered lands and to secure such lands from related criminal activity. (e) Consultation With Other Agencies.--The Director shall issue the Federal Lands Counterdrug Strategy in consultation with the heads of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, the Bureau of Land Management, and any relevant State, local, and tribal law enforcement agencies. (f) Limitation.--The Federal Lands Counterdrug Strategy shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws. (g) Report to Congress.--The Director shall provide a copy of the Federal Lands Counterdrug Strategy to the appropriate congressional committees (as defined in section 702(12) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))). (h) Treatment of Classified or Law Enforcement Sensitive Information.--Any content of the Federal Lands Counterdrug Strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the strategy. (i) Definitions.--In this section: (1) Controlled substance.--The term ``controlled substance'' has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (2) Covered lands.--The term ``covered lands'' means units of the National Park System, National Forest System lands, and public lands (as such term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))). (3) National drug control program agency.--The term ``National Drug Control Program agency'' has the meaning given such term in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)). SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS. (a) Cultivating or Manufacturing Controlled Substances on Federal Property.--Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended by striking ``imprisoned as provided in'' and all that follows through the end of the paragraph and inserting ``fined not more than $500,000 if the defendant is an individual or $1,000,000 in any other case, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (b) Use of Hazardous Substances on Federal Land.--Section 401(b)(6) of such Act (21 U.S.C. 841(b)(6)) is amended-- (1) by striking ``five'' and inserting ``10''; and (2) by adding at the end the following: ``A sentence of imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (c) Unauthorized Stream Diversion or Unauthorized Vegetation Removal on Federal Land.--Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by adding at the end the following: ``(8) Whoever violates subsection (a) by manufacturing or cultivating a controlled substance on Federal land, and to facilitate or in the course of such violation knowingly-- ``(A) without authorization, diverts an aquifer, spring, stream, river, or body of water; or ``(B) without authorization, removes vegetation on Federal land; shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (d) Boobytraps on Federal Property.--Section 401(d) of such Act (21 U.S.C. 841(d)) is amended by adding at the end the following: ``(4) Imprisonment imposed under this subsection shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (e) Use or Possession of Firearms in Connection With Drug Offenses on Federal Lands.--Section 924(c) of title 18, United States Code, is amended by adding at the end the following: ``(6) In imposing a sentence under this subsection, the court shall consider it as an aggravating factor warranting a longer sentence of imprisonment if the offense was a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act and took place on Federal lands.''.

Federal Lands Counterdrug Strategy and Enforcement Enhancement Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements. Requires the separate presentation to Congress of any content of the Strategy that involves classified information or whose public disclosure would be detrimental to the law enforcement or national security activities of federal, state, or tribal agencies. Revises penalties for: (1) the cultivation or manufacture of controlled substances on federal property; (2) the use of hazardous substances on federal land; (3) placing a boobytrap on federal property where a controlled substance is being manufactured or distributed; and (4) the use or possession of a firearm in connection with a drug trafficking crime on federal land. Sets forth penalties for an unauthorized diversion of water or an unauthorized removal of vegetation on federal land in order to knowingly manufacture or cultivate a controlled substance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Democracy to the U.S. Congress Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that, while the United States is endeavoring to bring democracy to countries such as Iraq and Afghanistan, recent events in the Congress have battered the pillars of our democratic system here at home within the world's greatest deliberative body. (b) Purpose.--The purpose of this Act is to stop this loss of democracy here at home and prevent further occurrences of recent injustices including-- (1) barring Members appointed to conference committees from attending meetings of those committees; (2) calling the Capitol Police to forcibly remove Members from legislative meetings; (3) extending the time limit on recorded votes from minutes to hours to alter the outcome; (4) attaching special-interest amendments to conference reports that have not been the subject of hearings or votes in either House or contained in the underlying legislation as passed either House; (5) redrawing congressional districts for partisan political gains in between censuses; (6) requiring Members to vote on legislation that has not been circulated or read; (7) allegedly offering a bribe on the House floor; (8) allegedly stealing confidential documents from a committee's computer server; and (9) spending committee funds to pay for mass mail communications to individual Members' districts. SEC. 3. TIME LIMIT ON ROLL CALL VOTES. The last sentence of clause 2(a) of rule XX of the House of Representatives is amended by inserting ``and, except by unanimous consent or mutual agreement of the majority and minority leaders, the maximum time shall be 17 minutes'' before the period at the end. SEC. 4. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE MEETINGS. Clause 8(a) of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: ``(3) It shall not be in order to consider a conference report unless the senior manager from the majority party on the part of the House as so designated for that purpose by the majority leader and the senior manager from the minority party on the part of the House as so designated for that purpose by the minority leader include in the statement of managers accompanying such conference report a signed statement that all House managers have been afforded an opportunity at a meeting of the committee on conference to vote on all amendments and other propositions considered by that committee.''. SEC. 5. GERMANENESS REQUIREMENT FOR CONFERENCE REPORTS MAY NOT BE WAIVED. Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: ``(3) a rule or order that would prevent a Member from making a point of order against nongermane matter in a conference agreement pursuant to clause 9 of rule XXII.''. SEC. 6. REMOVAL OF MEMBERS FROM COMMITTEE MEETINGS. Clause 3 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(g) The duty to forcibly remove a Member, Delegate, or Resident Commissioner from any committee meeting room shall reside exclusively with the Sergeant-at-Arms and such removal may only be executed at the request of any other such individual.''. SEC. 7. LIMIT ON REDISTRICTING AFTER AN APPORTIONMENT OF REPRESENTATIVES. The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the following: ``A State that has been redistricted in the manner provided by the law thereof after an apportionment under section 22(a) of the Act entitled `An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress', approved June 18, 1929 (2 U.S.C. 2a), may not be so redistricted until after the next apportionment of Representatives under such section 22(a), unless the State is ordered by a Federal court to conduct such subsequent redistricting in order to comply with the Constitution of the United States or to enforce the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).''. SEC. 8. AVAILABILITY OF LEGISLATION ON THE INTERNET. Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period at the end of subparagraph (2) and inserting a semicolon and by adding at the end the following new subparagraph: ``(3) a rule or order eliminating the reading in full of any bill, resolution, conference report, or amendment unless such measure is available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration.''. SEC. 9. BRIBERY PROHIBITED ON HOUSE FLOOR. The Congress hereby reiterates that the bribery of a Member of Congress on the floor of the House of Representatives or the Senate is a violation of section 201 (bribery of public officials and witnesses) of title 18, United States Code, and should be prosecuted whenever it occurs. SEC. 10. HACKING INTO OTHER MEMBERS' COMPUTER FILES PROHIBITED. Congress hereby reiterates that accessing a computer of a Member of Congress without authorization or exceeding authorized access is a violation of section 1030 (fraud and related activity in connection with computers) of title 18, United States Code, and should be prosecuted whenever it occurs. SEC. 11. CAP ON MAILING EXPENSES OF COMMITTEES. Rule X of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``12. No Committee may expend more than $25,000 for mailing expenses during a session of Congress.''. SEC. 12. REQUIRING AT LEAST ONE-THIRD OF COMMITTEE BUDGET TO BE PROVIDED TO MINORITY. Rule X of the Rules of the House of Representatives, as amended by section 11, is further amended by adding at the end the following new clause: ``13. Of the total amounts provided to any Committee for its expenses (including expenses for staff) during a session of Congress, \1/3\ of such amount, or such greater percentage as may be agreed to by the chair and ranking minority member of the Committee, shall be expended at the direction of the ranking minority member.''. SEC. 13. EXERCISE OF RULEMAKING POWERS. The provisions of this Act are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.

Restoring Democracy to the U.S. Congress Act of 2004 - Amends the Rules of the House of Representatives to address: (1) the time limit on roll call votes; (2) actual voting required in conference committee meetings; (3) waiver of the germaneness requirement for conference reports; (4) removal of Members from committee meetings; (5) a limit on redistricting after an apportionment of Representatives; (6) availability of legislation on the Internet; (7) bribery on the House floor; (8) hacking into other Members' computer files; (9) capping committee mailing expenses; and (10) a requirement that at least one-third of committee budget be provided to the minority ranking member.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Charleston Naval Base Land Exchange Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the parcels consisting of approximately 10.499 acres of land (including improvements) that are owned by the United States, located on the former U.S. Naval Base Complex in North Charleston, South Carolina, and included within the Charleston County Tax Assessor's Office Tax Map Number 400-00-00-004, and shown as New Parcel B in that certain plat of Forsberg Engineering and Surveying Inc., dated May 25, 2007, entitled in part ``Plat Showing the Subdivision of TMS 400-00-00-004 into Parcel B and Remaining Residual (Parcel A). (2) Non-federal land.--The term ``non-Federal land'' means the 3 parcels of land (including improvements) authorized to be conveyed to the United States under this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (4) State ports authority.--The term ``State Ports Authority'' means the South Carolina State Ports Authority, an agency of the State of South Carolina. SEC. 3. LAND EXCHANGE. (a) Land Exchange.-- (1) In general.--In exchange for the conveyance to the Secretary, by quitclaim deed, of all right, title, and interest of the State Ports Authority to the non-Federal land owned by the State Ports Authority, the Secretary is authorized to convey to the State Ports Authority, by quitclaim deed, all right, title, and interest of the United States in and to the Federal land. (2) Exchange.--If the State Ports Authority offers to convey to the Secretary all right, title, and interest of the State Ports Authority in and to the non-Federal parcels identified in subsection (b), the Secretary-- (A) is authorized to accept the offer; and (B) on acceptance of the offer, shall simultaneously convey to the State Ports Authority all right, title, and interest of the United States in and to approximately 10.499 acres of Federal land. (b) Non-Federal Land Described.--The non-Federal land (including improvements) to be conveyed under this section consists of-- (1) the approximately 18.736 acres of land that is owned by the State Ports Authority, located on S. Hobson Avenue, and currently depicted in the Charleston County Tax Assessor's Office as Tax Map Number 400-00-00-158, and as New I-48.55 Parcel B, containing 18.736 acres, on the plat recorded in the Charleston County RMC Office in Plat Book EL, at page 280; (2) the approximately 4.069 acres of land that is owned by the State Ports Authority, located on Thompson Avenue and the Cooper River, and currently depicted in the Charleston County Tax Assessor's Office as Tax Map Number 400-00-00-156, and as New II-121.44 Parcel C, containing 4.069 acres, on the plat recorded in the Charleston County RMC Office in Plat Book L09, at pages 0391-393; and (3) the approximately 2.568 acres of land that is owned by the State Ports Authority, located on Partridge Avenue, and currently depicted in the Charleston County Tax Assessor's Office as Tax Map Number 400-00-00-157, and as New II-121.44 Parcel B, containing 2.568 acres, on the plat recorded in the Charleston County RMC Office in Plat Book L09, at pages 0391- 0393. (c) Land Title.--Title to the non-Federal land conveyed to the Secretary under this section shall-- (1) be acceptable to the Secretary; and (2) conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. SEC. 4. EXCHANGE TERMS AND CONDITIONS. (a) In General.--The conveyance of Federal land under section 3 shall be subject to-- (1) any valid existing rights; and (2) any additional terms and conditions that the Secretary determines to be appropriate to protect the interests of the United States. (b) Costs.--The costs of carrying out the exchange of land under section 3 shall be shared equally by the Secretary and the State Ports Authority. (c) Equal Value Exchange.--Notwithstanding the appraised value of the land exchanged under section 3, the values of the Federal and non- Federal land in the land exchange under section 3 shall be considered to be equal. SEC. 5. BOUNDARY ADJUSTMENT. On acceptance of title to the non-Federal land by the Secretary-- (1) the non-Federal land shall be added to and administered as part of the Federal Law Enforcement Training Center; and (2) the boundaries of the Federal Law Enforcement Training Center shall be adjusted to exclude the exchanged Federal land.

Former Charleston Naval Base Land Exchange Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to exchange specified parcels of land owned by the United States located on the former U.S. Naval Base Complex in North Charleston, South Carolina (federal land), for specified parcels owned by the South Carolina State Ports Authority (non-federal land). Requires, upon acceptance of title to the non-federal land by the Secretary: (1) the non-federal land to be added to and administered as part of the Federal Law Enforcement Training Center, and (2) the boundaries of the Center to be adjusted to exclude the exchanged federal land.

SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision (including all land, improvements, and appurtenances) containing 1.474 acres more or less, also for use in connection with health and social services programs. Neither the Tanana Tribal Council nor the Corporation shall be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination, including oil or petroleum products, or hazardous substances on any of the properties.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Citizen Debt Reduction Contribution Act''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Sense of the Congress. Sec. 3. Income tax refunds. Sec. 4. Donation of social security benefits for purposes of reducing the Federal deficit. Sec. 5. Donation of military retirement benefits for purposes of reducing the Federal deficit. Sec. 6. Donation of veterans' disability compensation for purposes of reducing the Federal deficit. Sec. 7. Budgetary treatment of savings resulting from this Act. SEC. 2. SENSE OF THE CONGRESS. It is the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending. Congress appreciates and respects the contributions made by citizens participating in the programs authorized by this Act, and shares their concerns at excessive Government spending. SEC. 3. INCOME TAX REFUNDS. (a) General Rule.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX OVERPAYMENTS TO BE USED TO REDUCE PUBLIC DEBT ``Sec. 6097. Designation of income tax overpayments. ``SEC. 6097. DESIGNATION OF INCOME TAX OVERPAYMENTS. ``(a) General Rule.--Every taxpayer who makes a return of the tax imposed by chapter 1 for any taxable year may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year shall be used to reduce the public debt of the United States. ``(b) Manner and Time of Designation.--Any designation under subsection (a) for any taxable year shall be made-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, and ``(2) in such manner as the Secretary may by regulation prescribe, 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) Treatment of Amounts Designated.--For purposes of this title, the amount designated by any taxpayer under subsection (a)-- ``(1) shall be treated as being refunded to such taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) shall be treated as a contribution made by such taxpayer on such date to the United States.'' (b) Transfer of Designated Amounts For Deficit Reduction.--The Secretary of the Treasury shall, from time to time, transfer to the special account described in section 3113(d) of title 31, United States Code, the amounts designated under section 6097 of the Internal Revenue Code of 1986 to be used to reduce the public debt of the United States. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax overpayments to be used to reduce public debt.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. DONATION OF SOCIAL SECURITY BENEFITS FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. Section 201(i) of the Social Security Act (42 U.S.C. 401(i)) is amended-- (1) in paragraph (1), by inserting ``(A)'' after ``(1)''; (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``subparagraph (A)'', and by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) by redesignating paragraph (2) as subparagraph (B); and (4) by adding at the end the following new paragraph: ``(2)(A) The Commissioner of Social Security shall establish a program under which recipients of monthly insurance benefits under this title may elect to have the Commissioner, in lieu of certification of payment of benefits to the recipient pursuant to section 205(i), certify to the Managing Trustee that all or a designated portion of such benefits be transferred to the general fund of the Treasury as a gift which the Managing Trustee is authorized, as Secretary of the Treasury, to accept as a gift under subsection (a)(1)(A) of section 3113 of title 31, United States Code (relating to accepting gifts for reducing the public debt). ``(B) Amounts to which an election under subparagraph (A) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' SEC. 5. DONATION OF MILITARY RETIREMENT BENEFITS FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. (a) In General.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1413. Donations for purposes of reducing the public debt ``(a) The Secretary concerned shall establish a program under which a member or former member of the armed forces under the jurisdiction of the Secretary who is entitled to receive retired or retainer pay may elect that all or a designated portion of such pay for any month be transferred to the general fund of the Treasury as a gift to reduce the public debt. Any such election may be revoked at any time. ``(b) For any month for which an election under subsection (a) is in effect, the Secretary concerned shall withhold from the retired or retainer pay of the person making the election the amount designated by that person in such election and shall transfer the amount so withheld to the Secretary of the Treasury. ``(c) The Secretary of the Treasury is authorized to accept any amount transferred to the Secretary under this section as a gift under subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting gifts for reducing the public debt). ``(d) Amounts to which an election under subsection (a) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1413. Donations for purposes of reducing the public debt.''. SEC. 6. DONATION OF VETERANS' DISABILITY COMPENSATION FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. (a) In General.--Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5320. Donations of compensation for purposes of reducing the public debt ``(a) The Secretary shall establish a program under which a veteran who is entitled to compensation may elect that all or a designated portion of such compensation for any month be transferred to the general fund of the Treasury as a gift to reduce the public debt. Any such election may be revoked at any time. ``(b) For any month for which an election under subsection (a) is in effect, the Secretary shall withhold from the compensation payable to the veteran making the election the amount designated by the veteran in such election and shall transfer the amount so withheld to the Secretary of the Treasury. ``(c) The Secretary of the Treasury is authorized to accept any amount transferred to the Secretary under this section as a gift under subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting gifts for reducing the public debt). ``(d) Amounts to which an election under subsection (a) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5320. Donations of compensation for purposes of reducing the public debt.''. SEC. 7. BUDGETARY TREATMENT OF SAVINGS RESULTING FROM THIS ACT. Savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Citizen Debt Reduction Contribution Act - Provides that individuals otherwise entitled to receive payments from the Federal Government may specify that a portion of those payments be used for deficit reduction. Expresses the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending. Amends the Internal Revenue Code to allow taxpayers to designate a specified portion (not less than $1) of their income tax overpayments to be used to reduce U.S. public debt. Amends the Social Security Act to direct the Commissioner of Social Security to establish a program to allow recipient donation, by way of designation for transfer to the general fund of the Treasury, of certain social security benefit payments to reduce the public debt. Amends Federal law relating to military personnel to provide for a program of allowing members or former members of the armed forces to donate designated portions of their military retirement benefits to reduce the public debt. Amends Federal law relating to veterans to provide for a program of allowing veterans to donate designated portions of their veterans' disability compensation to reduce the public debt. Provides that savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings).

SECTION 1. PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN FOREIGN AIR CARRIER ACCIDENTS. (a) In General.--Chapter 413 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41313. Plans to address needs of families of passengers involved in foreign air carrier accidents ``(a) Definitions.--In this section, the following definitions apply: ``(1) Aircraft accident.--The term `aircraft accident' means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and ``(2) Passenger.--The term `passenger' includes an employee of a foreign air carrier or air carrier aboard an aircraft. ``(b) Submission of Plans.--A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life. ``(c) Contents of Plans.--To the extent permitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a foreign air carrier under subsection (b) shall include the following: ``(1) Telephone number.--A plan for publicizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life. ``(2) Notification of families.--A process for notifying, in person to the extent practicable, the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of-- ``(A) the organization designated for the accident under section 1136(a)(2); or ``(B) other suitably trained individuals. ``(3) Notice provided as soon as possible.--An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the foreign air carrier has verified the identity of a passenger on the foreign aircraft, whether or not the names of all of the passengers have been verified. ``(4) List of passengers.--An assurance that the foreign air carrier shall provide, immediately upon request, and update a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to-- ``(A) the director of family support services designated for the accident under section 1136(a)(1); and ``(B) the organization designated for the accident under section 1136(a)(2). ``(5) Consultation regarding disposition of remains and effects.--An assurance that the family of each passenger will be consulted about the disposition of any remains and personal effects of the passenger that are within the control of the foreign air carrier. ``(6) Return of possessions.--An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal investigation. ``(7) Unclaimed possessions retained.--An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be retained by the foreign air carrier for not less than 18 months after the date of the accident. ``(8) Monuments.--An assurance that the family of each passenger will be consulted about construction by the foreign air carrier of any monument to the passengers built in the United States, including any inscription on the monument. ``(9) Equal treatment of passengers.--An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) Service and assistance to families of passen- gers.--An assurance that the foreign air carrier will work with any organization designated under section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident. ``(11) Compensation to service organizations.--An assurance that the foreign air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) for services and assistance provided by the organization. ``(12) Travel and care expenses.--An assurance that the foreign air carrier will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) Resources for plan.--An assurance that the foreign air carrier will commit sufficient resources to carry out the plan. ``(14) Substitute measures.--If a foreign air carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate substitute measures for the requirements of each paragraph with which the foreign air carrier does not wish to comply. ``(d) Permit and Exemption Requirement.--The Secretary shall not approve an application for a permit under section 41302 unless the applicant has included as part of the application or request for exemption a plan that meets the requirements of subsection (c). ``(e) Limitation on Liability.--A foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c), unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which constituted intentional misconduct.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``41313. Plans to address needs of families of passengers involved in foreign air carrier accidents.''. (c) Effective Date.--The amendments made by this section shall take effect on the 180th day following the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends Federal transportation law to require foreign air carriers to transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of families of passengers involved in aircraft accidents involving foreign air carriers and a significant loss of life. Requires such a plan to include: (1) publicizing a reliable, toll-free telephone number and staff to take calls from families of passengers involved in such an accident; (2) a process for notifying such families as soon as possible, and in person to the extent practicable, before providing any public notice of the passengers' names; (3) an assurance that each passenger's family will be consulted about the disposition of any remains and personal effects (including return to the family) within the foreign air carrier's control; (4) an assurance of retention by the foreign air carrier of unclaimed possessions for at least 18 months; and (5) an assurance of other specified services. Makes inclusion of such a plan in the application for a foreign air transportation permit, or request for exemption from the requirement of a permit, a condition for approval. Declares that a foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the foreign air carrier's performance in preparing or providing a passenger list pursuant to such a plan, unless the liability was caused by any conduct of the carrier which was grossly negligent or which constituted intentional misconduct.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Foreign Affairs Review Act''. SEC. 2. QUADRENNIAL FOREIGN AFFAIRS REVIEW. (a) Findings.--Congress finds the following: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and for advancing the policies of the United States. (2) The Department operates over 250 posts in more than 180 countries throughout the world and has approximately 30,000 personnel. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Moreover, the world has witnessed the spread of weapons of mass destruction and the spread of terrorism. Yet, there has been little change in the diplomatic strategy and structure of the Department or of its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a quadrennial review to determine how the Department can best fulfill its mission and meet the challenges of a changing world. (b) Quadrennial Review.--Not later than September 30 of 2010 and every four years thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate a comprehensive examination of the diplomatic strategy and structure, foreign assistance programs, budget plans, personnel decisions, and public diplomacy plans of the Department of State and its related agencies to determine the foreign affairs strategy of the United States to best meet the challenges of a changing world, together with the response report required under subsection (c)(2). Such comprehensive examination shall be referred to as a ``quadrennial review''. (c) Involvement of National Foreign Affairs Panel.-- (1) Submission of review to panel.--Not later than July 30 of the year in which a quadrennial review is conducted, the Secretary of State shall submit to a National Foreign Affairs Panel (in this Act referred to as the ``Panel''), established in accordance with section 3, a copy of such quadrennial review. (2) Response report.--Not later than August 30 of the year in which a quadrennial review is submitted to a Panel under paragraph (1), such Panel shall submit to the Secretary a report responding to the findings, conclusions, and recommendations of such quadrennial review. (d) Contents of Quadrennial Review.--The quadrennial review shall include the following information: (1) A review of the current structures of the Department of State and its related agencies, including the organization, staffing, and operation of United States embassies and consulates abroad, to determine how best to efficiently and effectively represent the interests of the United States throughout the world and advance the policies of the United States. (2) A review of the level of cooperation and degree of integration of the Department of State with other Federal departments and agencies, including the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, the Office of the United States Trade Representative, the Agency for International Development, the Drug Enforcement Agency, and the elements of the intelligence community. (3) Recommendations related to how best to meet the anticipated roles and missions of such departments and agencies in the future. (4) A review of the efforts of the Department of State with respect to public diplomacy and any recommendations for changes or modifications in public diplomacy initiatives or programs in order to improve performance. (5) An examination of the assumptions used in the quadrennial review by the Secretary, including assumptions relating to cooperation between the Department and other Federal departments and agencies, communication with allies, levels of risk, real-time situational awareness, and immediate communication within the Department. (6) An examination of the forward presence and pre- positioning necessary for the Department to engage in negotiation and conflict deterrence in response to anticipated threats and conflicts. (7) An examination of the process of how the Department develops scenarios that may require a Department response, and recommendations for improving this process to incorporate nontraditional threat planning scenarios and input from other Federal departments and agencies and nongovernmental organizations. SEC. 3. NATIONAL FOREIGN AFFAIRS PANEL. (a) Establishment.--Not later than December 1 of the year immediately preceding the year in which a quadrennial review is conducted, the Secretary of State shall establish a nonpartisan, independent panel to be known as a National Foreign Affairs Panel. (b) Membership.-- (1) In general.--A Panel shall be composed of a chairperson and eight other individuals appointed by the Secretary, in consultation with the chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking member of the Committee on Foreign Relations of the Senate, from among individuals in the private sector who are recognized experts in matters relating to the foreign affairs and diplomacy interests of the United States. (2) Quorum.--Five members of a Panel shall constitute a quorum. (c) Duties.--A Panel shall submit to the Secretary the response report required under section 2(c)(2). (d) Information From Federal Agencies.--A Panel may secure from the Department of State and its related agencies and from any other Federal department or agency such information as such Panel considers necessary to carry out its duties under this Act. The head of the department or agency concerned shall ensure that information requested by such Panel under this subsection is promptly provided to such Panel. (e) Personnel Matters.-- (1) Compensation of members.--Each member of a Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of such Panel. (2) Travel expenses.--Members of a Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for such Panel. (3) Executive director and staff.--Without regard to the civil service laws and regulations, the chairperson of a Panel may appoint and terminate an Executive Director and a staff of not more than four additional individuals, none of whom may be current employees of the Department of State or members of the Foreign Service, if such Panel determines that an executive director and staff are necessary in order for such Panel to perform its duties effectively. The employment of an Executive Director shall be subject to confirmation by a majority of members of such Panel. (4) Compensation of executive director.--The chairperson may fix the compensation of the Executive Director, if one is appointed pursuant to paragraph (3), without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (5) Detail of government employees.--An employee of the Federal Government may be detailed to a Panel without reimbursement, and such detail shall be without interruption or loss of civil or foreign service status or privilege with respect to such employee. The Secretary shall ensure that a sufficient number of employees are detailed to a Panel to enable such Panel to carry out its duties effectively. (6) Travel conditions.--To the maximum extent practicable, the members and employees of a Panel shall travel on Government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of the duties of such Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (f) Administrative Provisions.-- (1) Use of the mails.--A Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Administrative and support services.--The Secretary of State shall furnish a Panel with any administrative and support services requested by such Panel. (3) Gifts and donations.--A Panel may accept, use, and dispose of gifts or donations of services or property. (g) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of a Panel shall be paid out of funds made available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. Any other expenses of a Panel shall be paid out of funds made available to the Department for the payment of similar expenses incurred by the Department. (h) Sunset Provision.--A Panel shall terminate 30 days after the submission of the response report required under section 2(c)(2).

Quadrennial Foreign Affairs Review Act - Directs: (1) the Secretary of State to submit every four years to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations a quadrennial foreign affairs and Department of State review; and (2) the Foreign Affairs Panel to submit to the Secretary a report responding to such review. Directs the Secretary to establish every four years a nonpartisan independent National Foreign Affairs Panel, which shall terminate 30 days after submission of its report.

SECTION 1. CONSERVATION FLEX PROGRAM OPTION. (a) Establishment of Program.--The Agricultural Act of 1949 is amended by inserting after section 115 (7 U.S.C. 1445k) the following new section: ``SEC. 116. CONSERVATION FLEX PROGRAM OPTION. ``(a) Establishment.--The Secretary shall establish a voluntary conservation flex program option to assist producers of agricultural commodities in adopting integrated, site-specific farm management plans through the reduction of farm program barriers to resource stewardship practices and systems. ``(b) Definitions.--For the purposes of this section: ``(1) The term `program' means the conservation flex program option established under this section. ``(2) The term `plan' means a site-specific farm management plan prepared by the producer and approved by the Secretary. ``(3) The term `alternative crops' means experimental and industrial crops which conserve soil and water. ``(4) The term `breeding cattle' means bulls, dams, and heifers held solely for the production of calves, but shall not include weaned calves being grown for slaughter or dairy cattle. ``(5) The term `legume' means any legume, including alfalfa, clover, lentils, lupine, medic, peas, soybeans, and vetch grown for use as a forage, green manure, or biomass feedstock, but not including any pulse crop from which the seeds are harvested and sold for purposes other than use as seed for planting. ``(6) The term `resource-conserving crop' means legumes, grasses, brassica cover crops and forages, alternative crops, any interseeded or relay-planted combination of such crops, any interseeded or relay-planted combination of such crops and small grains, and such other crops as the Secretary may designate. ``(7) The term `resource-conserving crop rotation' means a crop rotation which includes at least one resource-conserving crop and that reduces erosion, maintains or improves soil fertility, tilth and structure, interrupts pest cycles, or conserves water. ``(8) The term `rotational grazing' means planting forage, dividing pastures into paddocks, and using grazing rotations to increase forage quality and production, improve vegetative cover, and reduce sediment and nutrient runoff. ``(9) The term `small grains' means any small grain, including barley, buckwheat, oats, rye, spelt, and triticale, but not including wheat, except for wheat grown for nonhuman consumption. ``(10) The term `special conservation practices' means field borders, contour grass strips, grass waterways, filter strips, grass windbreaks, buffer areas, wildlife habitat plantings, habitat plantings for beneficial organisms that aid in the control of pests, and such other practices as the Secretary may designate. ``(c) Eligible Producers.--To be eligible to participate in the program, a producer must prepare and submit to the Secretary for approval a site-specific farm management plan, which may at the producer's option be integrated with any conservation plan developed pursuant to section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) and any other conservation or natural resource plan required for producer participation in any program within the jurisdiction of the Secretary. ``(d) Agreements.--Upon the approval of a plan submitted by a producer under subsection (c), the Secretary shall enter into an agreement with the producer that specifies the crop acreage bases being enrolled in the program. The agreement shall be for a period of not less than one year, nor more than seven years, as determined by the producer. The agreement may be renewed upon the mutual agreement of the Secretary and the producer. ``(e) Producer Responsibilities Under Agreement.--Under the terms of an agreement entered into under subsection (d), a producer shall agree-- ``(1) to actively comply with the terms and conditions of the applicable plan, as approved by the Secretary; ``(2) to devote to a resource-conserving crop-- ``(A) not less than 15 percent of the crop acreage bases of the producer enrolled under such program; or ``(B) not less than 15 percent of the producer's total crop acres, if the sum of resource-conserving crop acres on non-base acres and total crop acreage bases on the farm does not exceed the county average base-to-cropland ratio; and ``(3) to keep such records as the Secretary may reasonably require for purposes of program evaluation. ``(f) Requirements of the Plan.--To be approved by the Secretary, a plan submitted by a producer must-- ``(1) specify the crop acreage bases the producer chooses to enroll in the program; ``(2) describe the resource-conserving crop rotation, special conservation practices, rotational grazing, or biomass production operations and practices to be implemented and maintained on such acreage during the agreement period which fulfill the purposes of the program; ``(3) contain a schedule for the implementation, improvement and maintenance of the resource-conserving crop rotation, special conservation practices, rotational grazing, or biomass operations and practices described in the plan; and ``(4) contain such other terms as the Secretary may require. ``(g) Program Administration, Certification, and Termination.-- ``(1) Program administration, technical assistance, and flexibility.-- ``(A) Administration.--The program shall be administered by the Secretary. ``(B) Technical assistance.--In administering the program, the Secretary, in consultation with the local conservation districts and any State or local authorities deemed appropriate by the Secretary, shall provide technical assistance to a producer in developing and implementing a plan, evaluating the effectiveness of a plan, and assessing the costs and benefits of farming operations and practices. If requested by a producer, the Secretary shall provide technical assistance to help the producer comply with Federal, State, and local requirements designed to protect soil, wetlands, wildlife habitat, the quality of ground water and surface water, or other natural resources. ``(C) Flexibility.--In administering the program, the Secretary shall provide sufficient flexibility for a producer to revise the producer's plan to respond to changes in market conditions, weather, or technology or to adjust and modify the farming operation, except that such revisions must be consistent with the purposes of the program and approved by the Secretary. ``(2) Certification.--The Secretary shall certify producer compliance with the terms and conditions of the plan. ``(3) Termination.--The Secretary may terminate an agreement entered into with a producer under this program if-- ``(A) the producer agrees to such termination; or ``(B) the producer violates the terms and conditions of such agreement. ``(h) Program Rules.-- ``(1) Base and yield protection.--Notwithstanding any other provision of law, the Secretary shall not reduce crop acreage bases or farm program payment yields as a result of the planting of a resource-conserving crop. ``(2) Payment acres.--Notwithstanding any other provision of law, the Secretary shall not reduce any farm program loans, payments, or benefits of a program participant as a result of the planting of a resource-conserving crop. ``(3) Payment rate.--Notwithstanding any other provision of law, the Secretary shall provide deficiency payments on resource-conserving crop acreage eligible for payments at a rate not less than the projected deficiency payment rate, as determined and announced each year by the Secretary prior to the period during which producers may agree to participate in the program. ``(4) Payment acre protection.--Notwithstanding any other provision of law, the Secretary shall not reduce the payment acres or the established price for a program participant who has entered into an agreement with the Secretary for a fixed period of time. ``(5) Resource-conserving crops on normal flex acreage.-- Acreage devoted to resource-conserving crops under this program may, at the discretion of the producer, be designated as normal flex acreage. ``(6) Adjustments in production adjustment requirements.-- Notwithstanding any other provision of law, the Secretary shall make fair and equitable adjustments in acreage limitation requirements applicable to a producer participating in the program giving due consideration to crop rotation, special conservation practices, rotational grazing, biomass production, and other appropriate factors resulting from the implementation of a plan. If the Secretary determines that the reduction in program crop production on a participating farm referred to in the preceding sentence will equal or exceed any reduction in crop production which, in the absence of participation in the program, would occur as a result of acreage limitation requirements, the Secretary shall waive such acreage limitation requirements for the farm. If the resource conserving crop includes a farm program feed grain crop planted on the base acres of another farm program feed grain crop, the Secretary shall take into account the established or county average yield of the two feed grains for the purposes of making the adjustment or waiver. ``(7) Total base acreage flexibility.--Notwithstanding any other provision of law, the Secretary shall allow participants in this program to plant farm program crops and oilseeds in any proportion on a producer's total acreage of farm program crop base and historic oilseeds acreage without affecting farm program payments. ``(8) Crop insurance.--Notwithstanding any other provision of law, acreage devoted to resource-conserving crops under this program shall be eligible for crop insurance pursuant to the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(9) Haying and grazing restriction.-- ``(A) In general.--The Secretary shall not make any farm program payments to a producer, who is otherwise eligible to receive such payments, for acreage enrolled in the program if the producer, during the consecutive five month period in each State in which haying and grazing of conserving use acres may be prohibited under the provisions of this Act, grazes breeding cattle or nursing calves or harvests and sells hay on payment acres. ``(B) Transition option.--The restriction in subparagraph (A) shall not apply in the case of a producer who agrees to retire all base acreage enrolled in the program at the end of the agreement period. ``(C) Emergency haying and grazing.--The Secretary shall release acreage devoted to resource-conserving crops for emergency haying and grazing as the result of a natural disaster when the Secretary permits unlimited haying and grazing on-- ``(i) reduced acreage under this Act; ``(ii) acreage devoted to a conservation use under this Act; ``(iii) acreage diverted from production under a land diversion program established under this Act; or ``(iv) acreage enrolled in the conservation reserve program under the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).''. (b) Conforming Repeal.--Section 1451 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed.

Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing.

SECTION 1. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary, shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the appropriate Federal banking agencies and Federal functional regulators, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive national strategy developed in accordance with subsection (a). (2) Updates.--Not later than January 31, 2020, and January 31, 2022, the President shall submit to the appropriate congressional committees updated versions of the national strategy submitted under paragraph (1). (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to Congress separately in a classified annex and, if requested by the chairman or ranking member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 2. CONTENTS OF NATIONAL STRATEGY. The strategy described in section 1 shall contain the following: (1) Evaluation of existing efforts.--An assessment of the effectiveness of and ways in which the United States is currently addressing the highest levels of risk of various forms of illicit finance, including those identified in the documents entitled ``2015 National Money Laundering Risk Assessment'' and ``2015 National Terrorist Financing Risk Assessment'', published by the Department of the Treasury and a description of how the strategy is integrated into, and supports, the broader counter terrorism strategy of the United States. (2) Goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of goals, objectives, and priorities for disrupting and preventing illicit finance activities within and transiting the financial system of the United States that outlines priorities to reduce the incidence, dollar value, and effects of illicit finance. (3) Threats.--An identification of the most significant illicit finance threats to the financial system of the United States. (4) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, if appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government, and with international partners of the United States, in the fight against illicit finance. (5) Detection and prosecution initiatives.--A description of efforts to improve, as necessary, detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Federal Government that is relevant to the efforts described in this section be available in a timely fashion to-- (i) all appropriate Federal departments and agencies; and (ii) as appropriate and consistent with section 314 of the International Money Laundering Abatement and Financial Anti- Terrorism Act of 2001 (31 U.S.C. 5311 note), to financial institutions to assist the financial institutions in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (6) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing guidance to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (7) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between and among Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials; and (B) cooperative efforts with and between governments of countries and with and between multinational institutions with expertise in fighting illicit finance, including the Financial Action Task Force and the Egmont Group of Financial Intelligence Units. (8) Trend analysis of emerging illicit finance threats.--A discussion of and data regarding trends in illicit finance, including evolving forms of value transfer such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime, or any other threats that the Secretary may choose to identify. (9) Budget priorities.--A multiyear budget plan that identifies sufficient resources needed to successfully execute the full range of missions called for in this section. (10) Technology enhancements.--An analysis of current and developing ways to leverage technology to improve the effectiveness of efforts to stop the financing of terrorism and other forms of illicit finance, including better integration of open-source data. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, Committee on Armed Services, Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; (2) the term ``appropriate Federal banking agencies'' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (3) the term ``Federal functional regulator'' has the meaning given that term in section 509 of the Gramm-Leach- Bliley Act (15 U.S.C. 6809); (4) the term ``illicit finance'' means the financing of terrorism, money laundering, or other forms of illicit financing domestically or internationally, as defined by the President; (5) the term ``Secretary'' means the Secretary of the Treasury; and (6) the term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States.

This bill requires the President to develop a strategy to prevent the financing of terrorism. The strategy shall contain: (1) an assessment of present efforts and existing threats, (2) proposed changes and initiatives, (3) a discussion of the role of the private sector and the enhancement of intergovernmental cooperation, (4) an analysis of emerging threats and the use of technological enhancements to stop the financing of terrorism, and (5) a multiyear budget plan .

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Trade Cooperation Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Close defense cooperation between the United States and each of the United Kingdom and Australia requires interoperability among the armed forces. (2) The need for interoperability must be balanced with the need for the appropriate and effective regulation of trade in defense articles and defense services. (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) represents a delegation to the executive branch of the constitutional power of Congress to regulate commerce with foreign nations. (4) Agreements to gain exemption from the International Traffic in Arms Regulations must be submitted to Congress for review. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate; (2) the term ``defense articles'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794); (3) the term ``defense services'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794); and (4) the term ``International Traffic in Arms Regulations'' means the regulations maintained under sections 120 through 130 of title 22, Code of Federal Regulations, or any successor regulations. SEC. 4. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA AND THE UNITED KINGDOM. (a) Exceptions.--Subsection (j) of section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Exceptions from bilateral agreement requirements.-- ``(A) Australia.--Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraph (2)(A) shall not apply to such a bilateral agreement between the United States Government and the Government of Australia with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of this Act after such agreement enters into force. ``(B) United kingdom.--Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not apply to such a bilateral agreement between the United States Government and the Government of the United Kingdom for an exemption from the licensing requirements of this Act.''. (b) Conforming Amendment.--Paragraph (2) of such subsection is amended in the matter preceding subparagraph (A) by striking ``A bilateral agreement'' and inserting ``Except as provided in paragraph (4), a bilateral agreement''. SEC. 5. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President shall certify to the appropriate congressional committees that such agreement-- (1) is in the national interest of the United States and will not in any way affect the goals and policy of the United States as outlined in section 1 of the Arms Export Control Act (22 U.S.C. 2751); (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide consistent and adequate controls for licensed exports of United States defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Arms Export Control Act. SEC. 6. NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING EXEMPTIONS. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President shall submit to the appropriate congressional committees the text of the regulations that authorize such a licensing exemption. SEC. 7. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM. Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following 5 years, the President shall submit to the appropriate congressional committees a report on issues raised during the previous year in consultations conducted under the terms of any bilateral agreement with Australia, or under the terms of any bilateral agreement with the United Kingdom, for exemption from the licensing requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed information-- (1) on any notifications or consultations between the United States and the United Kingdom under the terms of any agreement with the United Kingdom, or between the United States and Australia under the terms of any agreement with Australia, concerning the modification, deletion, or addition of defense items on the United States Munitions List, the United Kingdom Military List, or the Australian Defense and Strategic Goods List; (2) listing all United Kingdom or Australia persons and entities that have been designated as qualified persons eligible to receive United States origin defense items exempt from the licensing requirements of the Arms Export Control Act under the terms of such agreements, and listing any modification, deletion, or addition to such lists, pursuant to the requirements of any agreement with the United Kingdom or any agreement with Australia; (3) on consultations or steps taken pursuant to any agreement with the United Kingdom or any agreement with Australia concerning cooperation and consultation with either government on the effectiveness of the defense trade control systems of such government; (4) on provisions and procedures undertaken pursuant to-- (A) any agreement with the United Kingdom with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in the United Kingdom; and (B) any agreement with Australia with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in Australia; (5) on any new understandings, including the text of such understandings, between the United States and the United Kingdom concerning retransfer of United States origin defense items made pursuant to any agreement with the United Kingdom to gain exemption from the licensing requirements of the Arms Export Control Act; (6) on consultations with the Government of the United Kingdom or the Government of Australia concerning the legal enforcement of any such agreements; (7) on United States origin defense items with respect to which the United States has provided an exception under the Memorandum of Understanding between the United States and the United Kingdom and any agreement between the United States and Australia from the requirement for United States Government re- export consent that was not provided for under United States laws and regulations in effect on the date of the enactment of this Act; and (8) on any significant concerns that have arisen between the Government of Australia or the Government of the United Kingdom and the United States Government concerning any aspect of any bilateral agreement between such country and the United States to gain exemption from the licensing requirements of the Arms Export Control Act. SEC. 8. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION. The Secretary of State shall notify the appropriate congressional committees, in a manner consistent with ongoing efforts to investigate and bring civil or criminal charges regarding such matters, not later than 90 days after receiving any credible information regarding the unauthorized end-use or diversion of United States exports made pursuant to any agreement with a country to gain exemption from the licensing requirements of the Arms Export Control Act. Such notification may be made in classified or unclassified form and shall include-- (1) a description of the good or service; (2) the United States origin of the good or service; (3) the authorized recipient of the good or service; (4) a detailed description of the unauthorized end-use or diversion of the good or service, including any knowledge by the United States exporter of such unauthorized end-use or diversion; (5) any enforcement action taken by the Government of the United States; and (6) any enforcement action taken by the government of the recipient nation.

Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act (the Act) to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force; or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States; (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of U.S. defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption. Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries. Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of U.S. exports made pursuant to any agreement with a country to gain exemption from such licensing requirements.

SECTION 1. DEFINITIONS. For the purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``hazardous substance research centers'' means the hazardous substance research centers described in section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such term shall include the Great Plains and Rocky Mountain Hazardous Substance Research Center, the Northeast Hazardous Substance Research Center, the Great Lakes and Mid-Atlantic Hazardous Substance Research Center, the South and Southwest Hazardous Substance Research Center, and the Western Region Hazardous Substance Research Center. (3) The term ``hazardous waste'' means-- (A) waste listed as hazardous waste pursuant to subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.); (B) radioactive waste; and (C) mixed waste. (4) The term ``mixed waste'' means waste that contains a mixture of waste described in subparagraphs (A) and (B) of paragraph (3). (5) The term ``qualified individuals'' means qualified military personnel and qualified Department of Energy personnel. (6) The term ``qualified Department of Energy personnel'' means individuals who, during the 5-year period preceding the date of the enactment of this Act, have been employed by the Department of Energy and have been involved in the production of nuclear weapons, and whose employment at the Department of Energy during such 5-year period was scheduled for termination as a result of a significant reduction or modification in the programs or projects of the Department of Energy. Such term shall not include any employee who terminates employment by taking early retirement or who otherwise voluntarily terminates employment. (7) The term ``qualified military personnel'' means members and former members of the Armed Forces of the United States who have training in site remediation, site characterization, waste management, waste reduction, recycling, engineering, or positions related to environmental engineering or basic sciences (including training for management positions). Such term shall not include any former member of the Armed Forces whose service in the Armed Forces was terminated by dismissal (in the case of a former officer) or by discharge with a dishonorable discharge or a bad conduct discharge (in the case of a former enlisted member). (8) The term ``radioactive waste'' means solid, liquid, or gaseous material that contains radionuclides regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) of negligible economic value (considering the cost of recovery). SEC. 2. EDUCATION AND TRAINING PROGRAM. (a) In General.-- (1) Establishment of program.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act, the Administrator, in consultation with the Secretaries of Energy and Defense, shall establish an education and training program for qualified individuals in order to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup. (B) Development of academic program.--In carrying out the program, the Administrator, in consultation with the Secretaries of Energy and Defense, shall develop and implement an academic program for qualified individuals at institutions of higher education at both undergraduate and graduate levels, and which may lead to the awarding of an academic degree or a certification that is supplemental to an academic degree. (2) Program activities.-- (A) In General.--The program established pursuant to paragraph (1) may include educational activities and training related to-- (i) site remediation; (ii) site characterization; (iii) hazardous waste management (including such specialized activities and training relating specifically to radioactive waste as the Administrator determines to be appropriate); (iv) hazardous waste reduction (including such specialized activities and training relating specifically to radioactive waste as the Administrator determines to be appropriate); (v) recycling; (vi) process and materials engineering; (vii) training for positions related to environmental engineering, environmental sciences, or environmental project management (including training for management positions); and (viii) environmental engineering with respect to the construction of facilities to address the items described in clauses (i) through (vii). (B) Educational activities.--The program established pursuant to paragraph (1) shall include educational activities designed for personnel participating in a program to achieve specialization in the following fields: (i) Earth sciences. (ii) Chemistry. (iii) Chemical Engineering. (iv) Environmental engineering. (v) Statistics. (vi) Toxicology. (vii) Industrial hygiene. (viii) Health physics. (ix) Environmental project management. (x) Any other field that the Administrator determines to be appropriate. (b) Grant Program.-- (1) In general.--From the amounts made available under subsection (c), the Administrator shall award grants to the hazardous substance research centers to pay the Federal share of carrying out the development and implementation of the academic program described in subsection (a). (2) Grant awards.--The Federal share of each grant awarded under this subsection shall be 100 percent. (c) Funding.-- (1) Environmental protection agency.-- (A) In general.--Subject to the limitation described in subparagraph (B), 50 percent of the cost of carrying out this section shall be funded from amounts made available for fiscal year 1993 to the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts made available for fiscal year 1993 to the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) may be used to carry out this section. (C) Special rule.--Amounts provided under this paragraph to hazardous substance research centers shall be used to supplement and not supplant other funds provided to such centers by the Environmental Protection Agency. (2) Department of defense.-- (A) In general.--Subject to the limitation described in subparagraph (B), 25 percent of the cost of carrying out this section shall be funded from amounts appropriated for fiscal year 1993 to the Defense Environmental Restoration Account established in section 2703 of title 10, United States Code. (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts appropriated for fiscal year 1993 to the Defense Environmental Restoration Account may be used to carry out this section. (C) Transfer.--The Secretary of Defense shall transfer an amount determined in accordance with subparagraphs (A) and (B) to the Environmental Protection Agency, pursuant to the authority granted the Secretary under section 2703 of title 10, United States Code. (3) Department of energy.-- (A) In General.--Subject to the limitation described in subparagraph (B), 25 percent of the cost of carrying out this section shall be funded from amounts made available for fiscal year 1993 to the Department of Energy for the purpose of environmental cleanup. (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts made available for fiscal year 1993 to the Department of Energy may be used to carry out this section. (C) Transfer.--The Secretary of Energy shall transfer an amount determined in accordance with subparagraphs (A) and (B) to the Environmental Protection Agency. (D) Special rule.--Amounts provided under this paragraph to hazardous substance research centers shall be used to supplement and not supplant other funds provided to such centers by the Department of Energy.

Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a program for qualified military and Department of Energy (DOE) personnel to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup; and (2) implement, as part of such program, an academic program at institutions of higher education at undergraduate and graduate levels. Requires the Administrator to award grants to the hazardous substance research centers described under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to pay the full cost of the academic program. Provides funding for the program, subject to certain limitations, from amounts allocated for: (1) the EPA under CERCLA; (2) the Defense Environmental Restoration Account; and (3) DOE environmental cleanup activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Improvement Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each fee schedule area. The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that fee schedule area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or fee schedule area basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall take into account the following: ``(I) Hospital readmission rates. ``(II) Hospital emergency department utilization for ambulatory care-sensitive conditions. ``(III) Hospital admissions for ambulatory care-sensitive conditions. ``(IV) Mortality amenable to health care. ``(V) Other items determined appropriate by the Secretary. ``(iii) Establishment.--The quality component for each fee schedule area shall be the ratio of the quality score for such area to the national average quality score. ``(iv) Application.--In the case of a fee schedule area that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State fee schedule area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the fee schedule area. The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among fee schedule areas. ``(ii) Establishment.--The cost component for a fee schedule area shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subparagraph (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each fee schedule area the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a fee schedule area, is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each fee schedule area available to the public by not later than January 1, 2011. (d) Effective Date.--The amendments made by this section shall apply to the Medicare physician fee schedule for 2012 and each subsequent year.

Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare physician fee schedule area.

approved April 12, 1892 (20 U.S.C. 91) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (15) Section 505(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(m)) is amended by striking out ``Patent and Trademark Office of the Department of Commerce'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (16) Section 512(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(o)) is amended by striking out ``Patent and Trademark Office of the Department of Commerce'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (17) Section 702(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372(d)) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (18) Section 501(b)(1) of the Jobs Through Trade Expansion Act of 1994 (22 U.S.C. 2151t-1(b)(1)) is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (19) Section 2 of the Act of August 27, 1935 (25 U.S.C. 305a) is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (20) Section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (21) Section 1295(a)(4) of title 28, United States Code, is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (22) Section 1744 of title 28, United States Code, is amended-- (A) in the section heading by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Office''; (B) by striking out ``Patent Office'' each place such term appears and inserting in lieu thereof ``United States Patent and Trademark Corporation''; and (C) by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (23) Section 1745 of title 28, United States Code, is amended by striking out ``United States Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (24) Section 1928 of title 28, United States Code, is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (25) Section 9101(3) of title 31, United States Code, is amended by adding at the end thereof: ``(O) the United States Patent and Trademark Corporation.''. (26) The provisions of title 35, United States Code, are amended by striking out ``Patent and Trademark Office'' and ``United States Patent and Trademark Office'' each place such terms appear and inserting in each such place ``United States Patent and Trademark Corporation''. (27) The table of sections for chapter 1 of part I of title 35, United States Code, is amended to read as follows: ``CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS ``Sec. ``1. Establishment. ``2. Powers and duties. ``3. Officers and employees. ``4. Restrictions on officers and employees as to interest in patents. ``5. Advisory Board. ``6. Suits by and against the Corporation. ``7. Board of Patent Appeals and Interferences. ``8. Library. ``9. Classification of patents. ``10. Certified copies of records. ``11. Publications. ``12. Exchange of copies of patents with foreign countries. ``13. Copies of patents for public libraries. ``14. Annual report to Congress. ``15. Use of Corporation name. ``16. Definitions.''. (28) Section 302 of title 35, United States Code, is amended in the second sentence by inserting ``established'' before ``pursuant''. (29) Sections 371(c)(1) and 376(a) of title 35, United States Code, are amended by striking out ``provided'' and inserting in lieu thereof ``established under''. (30) Section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) is amended by inserting after paragraph (21) the following new paragraph: ``(22) the United States Patent and Trademark Corporation,''. (31) Section 151 (c) and (d) of the Atomic Energy Act of 1954 (42 U.S.C. 2181 (c) and (d)) are each amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (32) Section 160 of the Atomic Energy Act of 1954 (42 U.S.C. 2190) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (33) Section 305(c) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(c)) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (34) Section 12(a) of the Solar Energy Research, Development, and Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by striking out ``Commissioner of Patent Office'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (35) Section 1111 of title 44, United States Code, is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (36) Section 1123 of title 44, United States Code, is amended by striking out ``the Patent Office,''. (37) Section 1114 of title 44, United States Code, is amended by striking out ``Commissioner of Patents,''. (38)(A) Sections 1337 and 1338 of title 44, United States Code, are repealed. (B) The table of sections for chapter 13 of title 44, United States Code, is amended by striking out the items relating to sections 1337 and 1338. (39) Section 10(i) of the Trading with the Enemy Act (50 U.S.C. App. 10) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. SEPARABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 202. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. S 1458 IS----2 S 1458 IS----3 S 1458 IS----4

TABLE OF CONTENTS: Title I: Patent and Trademark Corporation Title II: Miscellaneous Provisions Patent and Trademark Office Reform Act of 1995 - Title I: Patent and Trademark Corporation - Replaces specified provisions governing the Patent and Trademark Office with provisions establishing the Patent and Trademark Corporation as a wholly owned Government corporation within the Department of Commerce. Requires the Corporation to maintain an office in the District of Columbia metropolitan area. Provides appropriate Corporation powers and duties with respect to the granting and issuing of patents and the registration of trademarks, as well as related activities. Vests Corporation management in the Commissioner of Patents and Trademarks, appointed by the President, with specified duties and responsibilities. Directs the Commissioner to appoint a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts: (1) the Corporation from any administratively or statutorily imposed limitations on positions or personnel; and (2) Corporation personnel from various Federal employment authorities and requirements, including provisions governing employee classification, performance appraisals, and pay rates. Includes such employees under Federal provisions relating to retirement and health and life insurance. Requires all officers and employees of the Patent and Trademark Office to become officers and employees of the Corporation on the effective date of this Act. Provides other employee and Office transition provisions. Prohibits Corporation officers and employees, during their appointments and for one year thereafter, from applying for or acquiring any patent issued by the Corporation. Establishes an Advisory Board of the Corporation to review and report annually to the President and specified congressional committees on the Corporation's policies, goals, performance, budget, and user fees and to advise the Commissioner. Sets forth provisions regarding: (1) suits by and against the Corporation; (2) revised membership and duties of the Board of Patent Appeals and Interferences; (3) a required annual Corporation management report; (4) the prohibited use of the Corporation's name; (5) receipts, expenditures, and borrowing authority of the Corporation; (6) annual audit requirements; (7) the transfer to the Corporation of Department of Commerce functions, powers, duties, and assets; (8) transition requirements; and (9) technical and conforming amendments. (Sec. 109) Prohibits full-time equivalent Corporation positions from being eliminated in order to meet the requirements of the Federal Workforce Restructuring Act of 1994. Title II: Miscellaneous Provisions - Provides for the separability of provisions of this Act. Makes this Act effective 180 days after its enactment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Victims Relief Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. (9) The United States became a party to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment on November 20, 1994, but has not implemented Article 3 of the Convention. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Torture.--The term ``torture'' has the meaning given the term in section 2340(1) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION TO TORTURE. (a) Prohibition.--Notwithstanding any other provision of law, the United States shall not expel, remove, extradite, or otherwise return involuntarily an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (b) Definition.--For purposes of this section, the term ``to return involuntarily'', in the case of an individual, means-- (1) to return the individual without the individual's consent, whether or not the return is induced by physical force and whether or not the person is physically present in the United States; or (2) to take an action by which it is reasonably foreseeable that the individual will be returned, whether or not the return is induced by physical force and whether or not the person is physically present in the United States. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) Covered Aliens.--An alien described in this section is any alien who presents a claim of having been subjected to torture, or whom there is reason to believe has been subjected to torture. (b) Consideration of the Effects of Torture.--In considering an application by an alien described in subsection (a) for refugee status under section 207 of the Immigration and Nationality Act, asylum under section 208 of that Act, or withholding of removal under section 241(b)(3) of that Act, the appropriate officials shall take into account-- (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)), refugees who have been subjected to torture shall be considered to be refugees of special humanitarian concern to the United States and shall be accorded priority for resettlement at least as high as that accorded any other group of refugees. (d) Processing for Asylum and Withholding of Removal.--Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by adding at the end the following new clause: ``(iv) Special procedures for aliens who are the victims of torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum under section 208 of the Immigration and Nationality Act or the withholding of removal under section 241(b)(3) of that Act with respect to the alien would not aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify. (e) Parole in Lieu of Detention.--The finding that an alien is a person described in subsection (a) shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention. (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``, or to an alien described in section 5(a) of the Torture Victims Relief Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(b) Assistance for Treatment of Torture Victims.--The Secretary may provide grants to programs in the United States to cover the cost of the following services: ``(1) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. ``(2) Social and legal services for victims of torture. ``(3) Research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 1999, 2000, and 2001, but not from funds made available to the Office of Refugee Resettlement, there are authorized to be appropriated to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs for the treatment of victims of torture), as added by subsection (a), the following amounts for the following fiscal years: (A) For fiscal year 1999, $5,000,000. (B) For fiscal year 2000, $7,500,000. (C) For fiscal year 2001, $9,000,000. (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 8. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter 1 the following new section: ``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE. ``(a) In General.--The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Eligibility for Grants.--Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture. ``(c) Use of Funds.--Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $5,000,000 for fiscal year 1999, $7,500,000 for fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry out section 129 of the Foreign Assistance Act, as added by subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 9. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000. (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000. (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country.

Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. (Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. (Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations. (Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Act of 1994''. SEC. 2. NONRECOGNITION OF GAIN ON SALE OF PRINCIPAL RESIDENCE TO EXTENT PROCEEDS USED FOR ENTRANCE INTO CONTINUING CARE RETIREMENT COMMUNITY. (a) In General.--Section 1034 of the Internal Revenue Code of 1986 (relating to rollover of gain of sale of principal residence) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: ``(l) Nonrecognition of Gain If New Residence Is Qualified Continuing Care Retirement Community.-- ``(1) In general.--Gross income shall not include gain from the sale of the principal residence of the taxpayer if-- ``(A) the taxpayer attained age 55 before the date of such sale, and ``(B) within the 2-year period beginning on such date, the taxpayer has as his principal residence a qualified continuing care retirement community. ``(2) Limitation.--The amount excluded from gross income under paragraph (1) shall not exceed the amount paid by the taxpayer during such 2-year period to such retirement community in order for the taxpayer or his spouse to reside in such community. ``(3) Recapture in certain cases.-- ``(A) In general.--If the taxpayer ceases to have as his principal residence (other than by reason of death) a qualified continuing care retirement community, the amount excluded from gross income under paragraph (1) shall be included in gross income for the taxable year in which such cessation occurs. ``(B) Exceptions.--The amount includible in gross income under subparagraph (A) shall be reduced by the amount paid by the taxpayer (during the 6-month period after the date of cessation)-- ``(i) to a qualified continuing care retirement community in order for the taxpayer or his spouse to reside in such community (but only if the community becomes the principal residence of the taxpayer or his spouse during such period), or ``(ii) for qualified long-term care expenses (as defined in section 408(d)(8)) of the taxpayer or his spouse. ``(4) Special rules for married individuals.--In the case of a husband and wife who file a joint return for the taxable year which includes the date of the sale of the old residence-- ``(A) the age requirement of paragraph (1)(A) shall be treated as met if either spouse meets such requirement, and ``(B) paragraph (3) shall be applied by taking into account one-half of the gain with respect to each spouse. ``(5) Qualified continuing care retirement community.--For purposes of this subsection, the term `qualified continuing care retirement community' has the meaning given such term by section 7872(g).'' (b) Effective Date.--The amendments made by this section shall apply to old residences sold after the date of the enactment of this Act. SEC. 3. EXCLUSION FROM GROSS INCOME FOR AMOUNTS WITHDRAWN FROM INDIVIDUAL RETIREMENT PLANS FOR LONG-TERM CARE. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement plans) is amended by adding at the end thereof the following new paragraph: ``(8) Distributions for qualified long-term care expenses.-- ``(A) In general.--No amount (which but for this paragraph would be includible in the gross income of the payee or distributee under paragraph (1)) shall be included in gross income during the taxable year if-- ``(i) the payee or distributee has attained age 59\1/2\ on or before the date of the distribution, and ``(ii) the distribution is used during such year to pay qualified long-term care expenses for the benefit of the payee or distributee or the spouse of the payee or distributee if such spouse has attained age 59\1/2\ on or before the date of the distribution. ``(B) Qualified long-term care expenses.--For purposes of subparagraph (A), the term `qualified long- term care expenses' means any amount paid-- ``(i) as premiums for any qualified long- term care insurance policy, or ``(ii) for services of a type for which coverage may be provided under a qualified long-term care insurance policy. ``(C) Qualified long-term care insurance policy.-- For purposes of subparagraph (B)-- ``(i) In general.--Subject to clause (ii), the term `qualified long-term care insurance policy' means an insurance policy or rider, issued by a qualified issuer, and certified by the Secretary of Health and Human Services (in accordance with procedures similar to the procedures prescribed in section 1882 of the Social Security Act (42 U.S.C. 1385ss) used in the certification of medicare supplemental policies (as defined in subsection (g)(1) of such section)) to be advertised, marketed, offered, or designed to provide coverage-- ``(I) for not less than 12 consecutive months for each covered person, ``(II) on an expense incurred, indemnity, or prepaid basis, ``(III) for 1 or more medically necessary, diagnostic services, preventive services, therapeutic services, rehabilitation services, maintenance services, personal care services, or continuing care services, and ``(IV) provided in a setting other than an acute care unit of a hospital. ``(ii) Coverage specifically excluded.-- Such term does not include any insurance policy or rider which is offered primarily to provide any combination of the following kinds of coverage: ``(I) Basic Medicare supplement coverage. ``(II) Basic hospital expense coverage. ``(III) Basic medical-surgical expense coverage. ``(IV) Hospital confinement indemnity coverage. ``(V) Major medical expense coverage. ``(VI) Disability income protection coverage. ``(VII) Accident only coverage. ``(VIII) Specified disease coverage. ``(IX) Specified accident coverage. ``(X) Limited benefit health coverage. ``(iii) Qualified issuer.--For purposes of clause (i), the term `qualified issuer' means any of the following: ``(I) Private insurance company. ``(II) Fraternal benefit society. ``(III) Nonprofit health corporation. ``(IV) Nonprofit hospital corporation. ``(V) Nonprofit medical service corporation. ``(VI) Prepaid health plan.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions after the date of the enactment of this Act in taxable years ending after such date. SEC. 4. INCREASE IN EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE BY INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR AMOUNTS SET ASIDE FOR LONG-TERM CARE. (a) In General.--Paragraph (1) of section 121(b) of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``(1) Dollar limitation.-- ``(A) In general.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $125,000 ($62,500 in the case of a separate return by a married individual). ``(B) Exception for amounts set aside for long-term care.-- ``(i) In general.--The dollar amount applicable under subparagraph (A) shall be increased by the amount set aside by the taxpayer (during the taxable year in which the sale or exchange occurs) in a separate account the principal and earnings on which are to be used by the taxpayer only to pay qualified long-term care expenses (as defined in section 408(d)(8)) for the benefit of the taxpayer or the spouse of the taxpayer. ``(ii) Tax on amounts not used for long- term care expenses.--If any amount paid or distributed from an account described in clause (i) is used other than to pay qualified long- term care expenses (as so defined) for the benefit of the taxpayer or the spouse of the taxpayer-- ``(I) such amount shall be includible in gross income for the taxable year in which paid or distributed, and ``(II) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by an amount equal to 10 percent of such amount.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to sales and exchanges after the date of the enactment of this Act in taxable years ending after such date. SEC. 5. FEDERAL PREEMPTION RELATING TO REVERSE MORTGAGE LOANS. (a) Laws Relating Generally to Mortgages.--No State or political subdivision of a State may establish, continue in effect, or enforce any mortgage loan law, as such law applies to any reverse mortgage loan, unless the mortgage loan law expressly applies to reverse mortgage loans (or to certain types of such loans) or on its face evidences the existence of reverse mortgage loans (or certain types of such loans). (b) Savings Provision.--Subsection (a) may not be construed-- (1) to annul, alter, or affect any mortgage loan law as such law applies to any mortgage loan that is not a reverse mortgage loan; or (2) to limit the authority of any State or any political subdivision of a State to establish, continue in effect, or enforce any provision of law expressly applicable to reverse mortgage loans (or certain types of such loans). (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Mortgage loan.--The term ``mortgage loan'' means any loan for the unpaid purchase price of real property or advances on real property that, pursuant to the laws of the applicable State or political subdivision of a State, is secured by any lien on or interest in the property. (2) Mortgage loan law.--The term ``mortgage loan law'' means any law that applies to any mortgage loan or regulates, limits, authorizes, or otherwise affects any mortgage loan. (3) Reverse mortgage.--The term ``reverse mortgage'' means any mortgage loan-- (A) that is secured by a dwelling that is the principal residence of the borrower and is designed principally as a 1-family residence; (B) under which payments are made to the borrower based on the equity of the borrower in the residence; (C) under which no repayment of principal and interest is required until the entire indebtedness under the loan becomes due and payable; and (D) that provides that the borrower shall not be liable for any remaining indebtedness resulting from the failure of the security for the loan to cover the entire indebtedness under the loan. SEC. 6. PROCEEDS FROM REVERSE MORTGAGE LOANS NOT TREATED AS INCOME OR RECEIPTS FOR MEANS-TESTED PROGRAMS. For purposes of any Federal program and any State or local program financed in whole or in part with Federal funds-- (1) any payment under a reverse mortgage (as defined in section 5) made to an individual shall not be taken into account as income or receipts for purposes of determining the eligibility, for the month in which such payment is made or any month thereafter, of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under such a program, and (2) any unpaid amounts under such a mortgage shall be treated as the borrower's equity in the residence and shall not be treated as loan proceeds.

Long-Term Care Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55. Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance expenses. Increases the one-time exclusion of gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside for the long-term care of such individuals. Requires State mortgage loan laws to expressly apply to reverse mortgage loans. Provides that proceeds from reverse mortgage loans shall not be treated as income or receipts for means-tested programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Access to Savings Act of 2010''. SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR LOSSES BY REASON OF GULF OIL SPILL. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--GULF OIL SPILL ``SEC. 1400V-1. SPECIAL RULES FOR USE OF RETIREMENT FUNDS. ``(a) Tax-favored Withdrawals From Retirement Plans.-- ``(1) In general.--Section 72(t) shall not apply to any qualified oil spill distribution. ``(2) Aggregate dollar limitation.-- ``(A) In general.--For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified oil spill distributions for any taxable year shall not exceed the excess (if any) of-- ``(i) $50,000, over ``(ii) the aggregate amounts treated as qualified oil spill distributions received by such individual for all prior taxable years. ``(B) Treatment of plan distributions.--If a distribution to an individual would (without regard to subparagraph (A)) be a qualified oil spill distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified oil spill distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $50,000. ``(C) Controlled group.--For purposes of subparagraph (B), the term `controlled group' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. ``(3) Amount distributed may be repaid.-- ``(A) In general.--Any individual who receives a qualified oil spill distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified oil spill distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified oil spill distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(C) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified oil spill distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified oil spill distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Definitions.--For purposes of this subsection-- ``(A) Qualified oil spill distribution.--Except as provided in paragraph (2), the term `qualified oil spill distribution' means any distribution from an eligible retirement plan made on or after April 20, 2010, and before January 1, 2011, to an individual whose principal place of abode on April 20, 2010, is located in the State of Florida, Alabama, Mississippi, Louisiana, or Texas and who has sustained an economic loss as a result of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. ``(B) Eligible retirement plan.--The term `eligible retirement plan' shall have the meaning given such term by section 402(c)(8)(B). ``(5) Income inclusion spread over 3-year period.-- ``(A) In general.--In the case of any qualified oil spill distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3- taxable year period beginning with such taxable year. ``(B) Special rule.--For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. ``(6) Special rules.-- ``(A) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405, qualified oil spill distributions shall not be treated as eligible rollover distributions. ``(B) Qualified hurricane distributions treated as meeting plan distribution requirements.--For purposes this title, a qualified hurricane distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). ``(b) Recontributions of Withdrawals for Home Purchases.-- ``(1) Recontributions.-- ``(A) In general.--Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. ``(B) Treatment of repayments.--Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection. ``(2) Qualified distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified distribution' means any distribution-- ``(i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), ``(ii) received after October 19, 2009, and before April 20, 2010, and ``(iii) which was to be used to purchase or construct a principal residence in the State of Florida, Alabama, Mississippi, Louisiana, or Texas Hurricane Katrina disaster area, but which was not so purchased or constructed on account of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon or the discharge of oil in the Gulf of Mexico caused by such explosion and sinking. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on April 20, 2010, and ending on December 31, 2010. ``(c) Loans From Qualified Plans.-- ``(1) Increase in limit on loans not treated as distributions.--In the case of any loan from a qualified employer plan (as defined under section 72(p)(4)) to a qualified individual made during the applicable period-- ``(A) clause (i) of section 72(p)(2)(A) shall be applied by substituting `$100,000' for `$50,000', and ``(B) clause (ii) of such section shall be applied by substituting `the present value of the nonforfeitable accrued benefit of the employee under the plan' for `one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan'. ``(2) Delay of repayment.--In the case of a qualified individual with an outstanding loan on or after the qualified beginning date from a qualified employer plan (as defined in section 72(p)(4))-- ``(A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) for any repayment with respect to such loan occurs during the period beginning on the qualified beginning date and ending on December 31, 2010, such due date shall be delayed for 1 year, ``(B) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph (1) and any interest accruing during such delay, and ``(C) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2), the period described in subparagraph (A) shall be disregarded. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual whose principal place of abode on April 20, 2010, is located in the State of Florida, Alabama, Mississippi, Louisiana, or Texas and who has sustained an economic loss as a result of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. ``(4) Applicable period; qualified beginning date.--For purposes of this subsection-- ``(A) the applicable period is the period beginning on April 20, 2010, and ending on December 31, 2010, and ``(B) the qualified beginning date is April 20, 2010. ``(d) Provisions Relating to Plan Amendments.-- ``(1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). ``(2) Amendments to which subsection applies.-- ``(A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- ``(i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and ``(ii) on or before the last day of the first plan year beginning on or after April 20, 2010, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). ``(B) Conditions.--This subsection shall not apply to any amendment unless-- ``(i) during the period-- ``(I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and ``(II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and ``(ii) such plan or contract amendment applies retroactively for such period.''. (b) Conforming Amendment.--The table of sections for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV--Gulf Oil Spill ``Sec. 1400V-1. Special rules for use of retirement funds.''. (c) Effective Date.--The amendments made by this Act shall apply to distributions on or after April 20, 2010.

Gulf Coast Access to Savings Act of 2010 - Amends the Internal Revenue Code to allow tax-free distributions, up to $50,000 in any taxable year, from retirement plans on or after April 20, 2010, and before January 1, 2011, for individuals whose principal place of abode is in Florida, Alabama, Mississippi, Louisiana, or Texas and who sustained an economic loss caused by the explosion on and sinking of the Deepwater Horizon offshore drilling unit, the resulting discharge of oil in the Gulf of Mexico, or the effects of such discharge on the economy in the affected areas. Provides tax incentives for the use of distributions by individuals in affected states to make home purchases. Increases to $100,000 the amount which may be borrowed without penalty from an employer benefit plan by individuals in affected states.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Philanthropic Enterprise Act of 2012''. SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. (a) In General.--Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Exception for Certain Philanthropic Business Holdings.-- ``(1) In general.--Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets-- ``(A) the exclusive ownership requirements of paragraph (2), ``(B) the minimum distribution requirement of paragraph (3), and ``(C) the independent operation requirements of paragraph (4). ``(2) Exclusive ownership.--The exclusive ownership requirements of this paragraph are met if-- ``(A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and ``(B) all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. ``(3) Minimum distribution.-- ``(A) In general.--The minimum distribution requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. ``(B) Net operating income.--For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of-- ``(i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, ``(ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and ``(iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. ``(4) Independent operation.--The independent operation requirements of this paragraph are met if, at all times during the taxable year-- ``(A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), ``(B) at least a majority of the board of directors of the private foundation are not also directors or officers of the business enterprise, and ``(C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). ``(5) Certain deemed private foundations excluded.--This subsection shall not apply to-- ``(A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), ``(B) any trust described in section 4947(a)(1) (relating to charitable trusts), and ``(C) any trust described in section 4947(a)(2) (relating to split-interest trusts).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM CERTAIN CONTROLLED ENTITIES. (a) In General.--Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Subparagraph not to apply to payments from certain philanthropic controlled entities.-- Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Philanthropic Enterprise Act of 2012 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income, and independent operation (i.e., not controlled by a substantial contributor) from the excise tax on excess business holdings and unrelated business income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Life-Saving Medications Act''. SEC. 2. DRUG SHORTAGES. (a) Expansion of Notification Requirement Regarding Potential Shortages of Prescription Drugs.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) in the section heading, by striking ``discontinuance of a life saving product'' and inserting ``discontinuance or interruption of the manufacture of a prescription drug''; and (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Definition.--In this section, the terms `drug shortage' and `shortage', when used with respect to a drug, mean a period of time when the total supply of all versions of a drug available at the user level will not meet the current demand for the drug at the user level. ``(2) Notification.--A manufacturer of a drug described in paragraph (3) shall notify the Secretary of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug-- ``(A) in the case of a discontinuance or planned interruption or adjustment, at least 6 months prior to the date of such discontinuance or planned interruption or adjustment; and ``(B) in the case of any other interruption or adjustment, as soon as practicable after becoming aware of such interruption or adjustment. ``(3) Drugs described.--A drug described in this paragraph is a drug-- ``(A) for which an application has been approved under section 505(b) or 505(j); ``(B) that is described in section 503(b)(1); and ``(C) that is not a product that was originally derived from human tissue and was replaced by a recombinant product. ``(4) Types of adjustments.--An adjustment for which a manufacturer shall submit a notification under paragraph (2) includes-- ``(A) adjustments related to the supply of raw materials, including active pharmaceutical ingredients; ``(B) adjustments to production capabilities; ``(C) business decisions that may affect the manufacture of the drug, such as mergers, discontinuations, and a change in production output; and ``(D) other adjustments as determined appropriate by the Secretary. ``(5) Modification of time frames.--The Secretary may adjust the required time frame under paragraph (2) as determined appropriate by the Secretary based on-- ``(A) the type of interruption or adjustment at issue; and ``(B) any other factor, as determined by the Secretary. ``(6) Enforcement.--Not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations establishing a schedule of civil monetary penalties for failure to submit a notification as required under this subsection.''. (b) Confidentiality of Information.--Section 506C(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(c)) is amended to read as follows: ``(c) Confidentiality of Information.--The Secretary shall ensure the confidentiality of proprietary information submitted in a notification under subsection (a).''. (c) Public Notification.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the following: ``(d) Public Notification.-- ``(1) Notification of shortages.--The Secretary shall publish information on the types of adjustments for which a notification is required under subsection (a)(4) and on actual drug shortages on the Internet Web site of the Food and Drug Administration and, to the maximum extent practicable, distribute such information to appropriate health care provider and patient organizations. ``(2) Identification and notification of drugs vulnerable to drug shortage.-- ``(A) In general.--The Secretary shall implement evidence-based criteria for identifying drugs that may be vulnerable to a drug shortage. Such criteria shall be based on-- ``(i) the number of manufacturers of the drug; ``(ii) the sources of raw material or active pharmaceutical ingredients; ``(iii) the supply chain characteristics, such as production complexities; and ``(iv) the availability of therapeutic alternatives. ``(B) Notification.--If the Secretary determines using the criteria under subparagraph (A) that a drug may be vulnerable to a drug shortage, the Secretary shall notify the manufacturer of the drug of such determination and of the collaboration described under paragraph (3). ``(3) Continuity of operations plans.--The Secretary shall collaborate with manufacturers of drugs identified pursuant to paragraph (2) to establish and improve continuity of operations plans with respect to medically necessary drugs, as defined by the Secretary, so that such plans include a process for addressing drug shortages.''. SEC. 3. MANUFACTURER REVIEW. Section 510(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended-- (1) by striking ``(h)'' and inserting ``(h)(1)''; and (2) by inserting at the end the following: ``(2)(A) If an establishment registered with the Secretary pursuant to this section is subject to a reinspection due to failure to comply with a requirement of this Act, the Secretary shall conduct such reinspection not later than 90 days after the establishment certifies to the Secretary that the establishment has corrected the reason for such failure. ``(B) The Secretary shall prioritize reinspections described in subparagraph (A) based on whether the establishment involved manufactures, propagates, compounds, or processes a drug involved in a drug shortage (as defined in section 506C).''. SEC. 4. REPORTS TO CONGRESS. Not later than 1 year after the date of enactment of this Act, and on an annual basis thereafter, the Secretary of Health and Human Services shall submit to Congress a report that describes the actions taken by such Secretary during the previous 1-year period to address drug shortages through all aspects of the prescription drug supply chain.

Preserving Access to Life-Saving Medications Act - Amends the Federal Food, Drug, and Cosmetic Act to require a prescription drug manufacturer to notify the Secretary of Health and Human Services (HHS) of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug. Requires: (1) six months notice of any discontinuance or planned interruption or adjustment, and (2) notice as soon as practicable after becoming aware of such interruption or adjustment in the case of any other interruption or adjustment. Applies this Act to any approved prescription drug that is not a product that was originally derived from human tissue and was replaced by a recombinant product. Sets forth the types of adjustment for which a manufacturer must submit notice, including: (1) adjustments related to the supply of raw materials, (2) adjustments to production capabilities, (3) business decisions that may affect the manufacture of the drug, and (4) other adjustments as determined appropriate by the Secretary.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative and Budget Autonomy Act of 1998''. (b) References in Act.--Whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the District of Columbia Home Rule Act. SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY. (a) Enactment of District of Columbia Budget Without Further Congressional Approval.-- (1) In general.--Section 446 (sec. 47-304, D.C. Code) is amended by striking the third, fourth, and fifth sentences and inserting the following: ``Except as provided in section 467(d), section 471(c), section 472(d)(2), section 483(d), and subsections (f) and (g)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless such amount has been approved by an act of the Council, and then only in accordance with such authorization.''. (2) Conforming amendments.--(A) Sections 467(d), 471(c), 472(d)(2), and 483(d) and subsections (f) and (g)(3) of section 490 are each amended by striking ``fourth sentence'' and inserting ``second sentence''. (B) Section 412(a) (D.C. Code, sec. 1-229(a)) is amended by striking ``(other than an act to which section 446 applies)''. (3) Clerical amendments.--(A) The heading of section 446 is amended to read as follows: ``enactment of budget by the council'' (B) The item relating to section 446 in the table of contents is amended to read as follows: ``Sec. 446. Enactment of budget by the Council.''. (b) Action by Council of District of Columbia on Budget Acts.-- Section 404(f) (sec. 1-227(f), D.C. Code) is amended by striking ``transmitted by the Chairman to the President of the United States'' both places it appears and inserting ``incorporated in such Act''. (c) Permitting Employees To Be Hired if Position Authorized by Act of the Council.--Section 447 (sec. 47-305, D.C. Code) is amended-- (1) by striking ``Act of Congress'' and inserting ``act of the Council'' both places it appears; and (2) by striking ``Acts of Congress'' and inserting ``acts of the Council''. (d) Amendments to Limitations on Borrowing and Spending by the District To Reflect Changes in Budget Process.-- (1) Federal authority over budget-making process.--Section 603 (sec. 47-313, D.C. Code) is amended-- (A) by striking subsections (a) and (d); and (B) by redesignating subsections (b), (c), and (e) as subsections (a), (b), and (c). (2) Conforming amendments.--(A) Section 443(8) (sec. 47- 302(8), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (B) Section 445 (sec. 47-304, D.C. Code) is amended by striking ``603(c)'' and inserting ``603(b)''. (C) Section 461(a)(1) (sec. 47-321(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (D) Section 487(a) (sec. 43-1615(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (e) Effective Date.--The amendments made by this section shall apply to budgets of the District of Columbia for fiscal years beginning on or after October 1, 1998. SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-233, D.C. Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604. (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (c) Conforming Amendments.--(1) Section 303 (sec. 1-205, D.C. Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-227(e), D.C. Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 47-322, D.C. Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 47-328, D.C. Code) is amended by striking ``(1) Notwithstanding'' and all that follows through ``(2)''. (5) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-282(b)(1), D.C. Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (6) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-285, D.C. Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (7) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1320, D.C. Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. (d) Effective Date.--The amendments made by this section shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; and (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 1998.

District of Columbia Legislative and Budget Autonomy Act of 1998 - Amends the District of Columbia Home Rule Act to provide that the District of Columbia Budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress. Repeals the mandate for congressional review of newly-passed District laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost of Production Safety Net Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Loan commodity.--The term ``loan commodity'' means wheat, corn, oats, rye, barley, and grain sorghums. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FAIR RETURN COMMODITY LOANS FOR WHEAT AND FEED GRAINS. (a) In General.-- (1) Loans.--For each of the 1998 and subsequent crops of a loan commodity, the Secretary shall make available to producers on a farm described in paragraph (2) nonrecourse fair return commodity loans at such rate as the Secretary determines will provide a fair return to the producers in relation to the cost of production of the loan commodity. (2) Eligibility.--To be eligible to obtain a loan for a loan commodity under paragraph (1), the producers on a farm must agree to forgo obtaining a marketing assistance loan under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) with respect to the loan commodity. (b) Loan Rates.-- (1) Wheat and corn.-- (A) In general.--The loan rate for wheat and corn, respectively, determined under subsection (a) shall not be less than 75 percent of the simple average of the annual economic costs of production of wheat and corn, respectively, in the United States during the most recent 5 crop years for which data are available. (B) Calculation.--The costs of production under subparagraph (A) shall be based on the yield for each planted acre, as determined by the Secretary using the economic costs of production data series of the Economic Research Service. (2) Other feed grains.--The loan rate for grain sorghum, barley, and oats, respectively, determined under subsection (a) shall be established at such level as the Secretary determines is fair and reasonable in relation to the rate that loans are made available for corn, taking into consideration the feeding value of the commodity in relation to the feeding value of corn. (c) Term of Loans.-- (1) In general.--Subject to paragraph (2), a fair return commodity loan made under this section shall have a term of 12 months beginning on the first day of the first month after the month in which the loan is made. (2) Extension.--The Secretary may extend the term of a fair return commodity loan made to producers on a farm for any loan commodity for 1 6-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity. (d) Repayment Rates.--The Secretary shall permit the producers on a farm to repay a fair return commodity loan under this section for a loan commodity at a rate that is the lesser of-- (1) the loan rate established for the loan commodity under subsection (b), plus interest (as determined by the Secretary); or (2) a rate that the Secretary determines will-- (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the loan commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the loan commodity; and (D) allow the loan commodity produced in the United States to be marketed freely and competitively, domestically and internationally. SEC. 4. LIMITATIONS. (a) Maximum Quantity of Loan Commodities.--The maximum quantity of a loan commodity that producers on a farm are eligible to place under loan to receive a fair return commodity loan under this Act during any crop year shall be-- (1) in the case of wheat, 20,000 bushels; (2) in the case of corn, 30,000 bushels; and (3) in the case of grain sorghum, barley, and oats, a quantity that the Secretary determines is equivalent to 30,000 bushels of corn. (b) Maximum Amount of Loans and Payments.-- (1) In general.--The total amount of fair return commodity loans that a person shall be entitled to receive under this Act for 1 or more loan commodities during any crop year shall not exceed $100,000. (2) Regulation.-- (A) In general.--The Secretary shall promulgate a regulation-- (i) defining the term ``person'' for purposes of this subsection; and (ii) prescribing such rules as the Secretary determines are necessary to ensure a fair and reasonable application of the limitation established under this subsection. (B) Related provisions.--Except as provided in subsection (g), the regulation shall be consistent with paragraphs (5) through (7) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). (c) Eligibility for Loans and Payments.--To be eligible for a fair return commodity loan for a loan commodity under this Act, the producers on a farm shall-- (1) be individuals who own the loan commodity, directly or indirectly; (2) provide resident, day-to-day labor for and management of the farm; and (3) provide capital investment in-- (A) the operation of the farm; and (B) the leasing or ownership of the farm. SEC. 5. ADMINISTRATION. (a) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to carry out this Act. (b) Related Provisions.--Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281 et seq.) shall apply to fair return commodity loans made under this Act. SEC. 6. EXTENSION OF MARKETING ASSISTANCE LOANS. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extension.--The Secretary may extend the term of a marketing assistance loan made to producers on a farm for any loan commodity for 1 9-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity.''.

Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Goods Movement Act for the 21st Century''. SEC. 2. DEFINITIONS. In this Act: (1) Commercial cargo.--The term ``commercial cargo''-- (A) means-- (i) any cargo transported on a commercial vessel, including passengers transported for compensation or hire; and (ii) international maritime cargo; and (B) does not include-- (i) bunker fuel, ship's stores, sea stores, or the legitimate equipment necessary to the operation of a vessel; or (ii) fish or other aquatic animal life caught and not previously landed on shore. (2) Commercial vessel.--The term ``commercial vessel''-- (A) means any vessel used-- (i) in transporting cargo by water for compensation or hire; or (ii) in transporting cargo by water in the business of the owner, lessee, or operator of the vessel; and (B) does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries. (3) Ferry.--The term ``ferry'' means any vessel which arrives in the United States on a regular schedule during its operating season at intervals of at least once each business day. (4) International maritime cargo.--The term ``international maritime cargo'' means any cargo moved by ship that is imported directly into the United States from a point outside the United States, including-- (A) cargo that arrives in the United States by ship; or (B) cargo that is unloaded in an intermediate country and arrives in the United States by another form of transit without being altered in any manner in the intermediate country. (5) Low-use port.--The term ``low-use port'' means a port at which not more than 1,000,000 tons of cargo is transported each calendar year. (6) Point of entry.--The term ``point of entry'' means a place where commercial cargo enters the United States. (7) Port.-- (A) In general.--Except as provided in subparagraphs (B) and (C), or otherwise specifically provided in this Act, the term ``port'' means any channel or harbor (or component thereof) in the United States, which-- (i) is not an inland waterway; and (ii) is open to public navigation. (B) Exception for certain facilities.--The term ``port'' does not include any channel or harbor with respect to which no Federal funds have been used since 1977 for construction, maintenance, or operation, or which was deauthorized by Federal law before 2013. (C) Special rule for the columbia river.--The term ``port'' shall include the channels of the Columbia River in the States of Oregon and Washington only up to the downstream side of the Bonneville Lock and Dam. (8) Super donor port.-- (A) In general.--The term ``super donor port'' means a port for which average expenditures in the 5 previous fiscal years-- (i) for fiscal years beginning prior to the date of the enactment of this Act, from the Harbor Maintenance Trust Fund pursuant to section 9505(c)(1) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) are less than 10 percent of the total average amount of harbor maintenance taxes collected through landings at such port in such fiscal years; or (ii) for fiscal years beginning after such date of enactment, from the amounts collected for the Maritime Goods Movement User Fee are less than 10 percent of the total average amount of such Fees collected through landings at such port. (B) Included expenditures.--The amount of expenditures under subparagraph (A) shall only include expenditures made at such a port in the immediate harbor area containing docks and other facilities utilized for the loading and unloading of foreign waterborne commerce and in any navigational channels in the United States that are necessary for the transportation of such foreign waterborne commerce between such immediate harbor areas and foreign ports. (9) Value.--The term ``value'' means-- (A) with respect to domestic commercial cargo, the value as determined by standard commercial documentation; (B) with respect to imported commercial cargo, the appraised value for duty as determined under section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a); or (C) with respect to the transportation of passengers for hire, the actual charge paid for such service or the prevailing charge for comparable service if no actual charge is paid. SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT USER FEE. (a) Establishment of Fee.-- (1) In general.--Except as otherwise provided in this section, there is imposed a Maritime Goods Movement User Fee on all commercial cargo-- (A) unloaded from or loaded on a commercial vessel at a port; or (B) that enters the United States at a point of entry. (2) Effective date.--The Maritime Goods Movement User Fee shall be imposed on commercial cargo under paragraph (1) beginning on October 1 of the first fiscal year beginning after the date of the enactment of this Act. (b) Fee Amount.--The amount of the Maritime Goods Movement User Fee shall be an amount equal to 0.125 percent of the value of the commercial cargo. (c) Collection of Fee.--The Maritime Goods Movement User Fee shall be collected by U.S. Customs and Border Protection. (d) Time of Imposition of Fee.--The Maritime Goods Movement User Fee shall be imposed on commercial cargo at the time-- (1) the commercial cargo is unloaded from or loaded on a commercial vessel at a port in the United States; or (2) the commercial cargo enters the United States at a point of entry. (e) Inapplicability to Cargo.--No Maritime Goods Movement User Fee shall be imposed under this section on any export of the United States. (f) Coordination of Fee Where Transportation Subject to Tax Imposed Under 4042 of the Internal Revenue Code.--No Maritime Goods Movement User Fee shall be imposed under this section with respect to the loading or unloading of any cargo on or from a vessel if any fuel of such vessel has been (or will be) subject to the tax imposed by section 4042 of the Internal Revenue Code of 1986 (relating to tax on fuels used in commercial transportation on inland waterways). (g) Special Rule for Alaska, Hawaii, and Possessions.-- (1) In general.--No Maritime Goods Movement User Fee shall be imposed on-- (A) cargo loaded on a vessel in a port in the United States mainland for transportation to Alaska, Hawaii, or any possession of the United States for ultimate use or consumption in Alaska, Hawaii, or any possession of the United States; (B) cargo loaded on a vessel in Alaska, Hawaii, or any possession of the United States for transportation to the United States mainland, Alaska, Hawaii, or such a possession for ultimate use or consumption in the United States mainland, Alaska, Hawaii, or such a possession; (C) the unloading of cargo described in subparagraph (A) or (B) in Alaska, Hawaii, or any possession of the United States, or in the United States mainland, respectively; or (D) cargo loaded on a vessel in Alaska, Hawaii, or a possession of the United States and unloaded in the State or possession in which loaded, or passengers transported on United States flag vessels operating solely within the State waters of Alaska or Hawaii and adjacent international waters. (2) Cargo.--For purposes of this subsection, the term ``cargo'' does not include crude oil with respect to Alaska. (3) United states mainland.--For purposes of this section, the term ``United States mainland'' means the continental United States (not including Alaska). (h) Special Rules.--Except as provided by regulations: (1) Fee imposed only once.--The Maritime Goods Movement User Fee shall be imposed on the same commercial cargo only 1 time. (2) Exception for intraport movements.--Under regulations, no Maritime Goods Movement User Fee shall be imposed on the mere movement of commercial cargo within a port. (3) Relay cargo.--Only 1 Maritime Goods Movement User Fee shall be imposed on cargo (moving under a single bill of lading) which is unloaded from one vessel and loaded onto another vessel at any port in the United States for relay to or from any port in Alaska, Hawaii, or any possession of the United States. For purposes of this paragraph, the term ``cargo'' does not include any item not treated as cargo under subsection (g)(2). (i) Exemption for United States.--No Maritime Goods Movement User Fee shall be imposed on the United States or any agency or instrumentality thereof. (j) Exemption for Humanitarian and Development Assistance Cargos.-- No Maritime Goods Movement User Fee shall be imposed on any nonprofit organization or cooperative for cargo which is owned or financed by such nonprofit organization or cooperative and which is certified by the U.S. Customs and Border Protection as intended for use in humanitarian or development assistance overseas. (k) Limitation on Collection of Fee.--No fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (l) Receipts Credited as Offsetting Collections.--Notwithstanding section 3302 of title 31, United States Code, any fee collected under this section-- (1) shall be credited as offsetting collections to the accounts that finance the activities and services detailed in section 4; (2) shall be available for expenditure only to pay the costs of activities and services detailed in section 4; and (3) shall remain available until expended. SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT USER FEE. (a) Administrative Costs.--Up to $10,000,000 of the amount of the Maritime Goods Movement User Fees collected during any fiscal year shall be used for payment of expenses of administration incurred by the Department of Homeland Security, the Army Corps of Engineers, and the Department of Transportation. (b) Other Expenditures.--The amounts of the Maritime Goods Movement User Fees collected for a fiscal year that are not used for administration under subsection (a) shall be allocated as follows: (1) Harbor maintenance programs.--For the first 5 fiscal years beginning after the date of the enactment of this Act, 95 percent, and for each fiscal year thereafter 80 percent, of such amounts shall be available to pay up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States, as authorized by section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including the Federal share of the cost of-- (A) maintenance of Federal navigation projects to their authorized depths and widths; (B) disposal of maintenance dredged material; (C) construction and maintenance of dredged material placement facilities; (D) projects or activities for the beneficial use of dredged material or sand mitigation; (E) jetties, breakwaters, bridges, and other navigation structures; and (F) related studies and surveys. (2) Low-use ports.--Of the amounts made available each fiscal year for harbor maintenance programs under paragraph (1), up to 8 percent shall be allocated for low-use ports. Special emphasis shall be placed on low-use ports where there is a Coast Guard presence and low-use ports which the Coast Guard determines to be restricted navigation areas or harbors of refuge. (3) Competitive grant program for goods movement.-- (A) Super donor ports.--For each fiscal year beginning with the sixth fiscal year beginning after the date of the enactment of this Act, 15 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a), shall be allocated to super donor ports to carry out projects or activities described in paragraphs (1), (2), and (3) of section 5(e). (B) Other uses.--For each fiscal year beginning after the date of the enactment of this Act, 5 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a) shall be allocated to carry out projects or activities described in paragraphs (4), (5), and (6) of subsection 5(e). SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVEMENT. (a) Establishment of Grant Program.--There is established a Competitive Grant Program for Goods Movement to be administered by the Secretary of Transportation in consultation with the Assistant Secretary of the Army for Civil Works. (b) Purpose.--The purpose of the Competitive Grant Program for Goods Movement is to provide financial assistance for capital investments that improve the efficiency of the transportation system of the United States to move international maritime cargo. (c) Project Eligibility.-- (1) Minimum number of grantees.--For each fiscal year, there shall be no less than-- (A) 3 grantees that are super donor ports; and (B) 3 grantees that are eligible entities under subsection (d). (2) Cost-share.--The Federal cost share of a project awarded a grant under this section shall be no more than 50 percent of the total cost. (d) Eligible Entity.--A grant under this section may only be awarded to a State or local government entity, including a port authority. (e) Eligible Projects.--A grant awarded under this section may be used for the following: (1) Any in-water improvement in the navigable waters in or near such port that the Secretary of the Army is authorized to make, including environmental remediation and habitat mitigation if certified by the Assistant Secretary to improve the movement of international maritime cargo. (2) Any in water improvement in berthing areas in such port pursuant to a channel widening or deepening project. (3) Maintenance of berthing areas adjacent to navigational channels in such port. (4) Improvements to an intermodal corridor facility project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (5) Improvements to a land port of entry project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (6) A project that improves access to a port or intermodal terminal facility to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX. (a) In General.--Subchapter A of chapter 36 of the Internal Revenue Code of 1986 is repealed. (b) Conforming Amendment.--The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by striking the item relating to subchapter A. (c) Effective Date.--The amendments made by this section shall apply to port uses (as defined in section 4462 of such Code, as in effect on the day before the date of the enactment of this Act) on or after October 1 of the first fiscal year beginning after the date of the enactment of this Act. SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR MAINTENANCE TRUST FUND. Any remaining balances in the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall remain available until expended in accordance with the requirements of subsection (c) of that section. SEC. 8. APPLICATION OF WAGE REQUIREMENTS. Nothing in this Act shall be construed to prevent the application of wage requirements otherwise applicable to harbor maintenance improvement projects on the date of enactment of this Act.

Maritime Goods Movement Act for the 21st Century - Directs the U.S. Customs and Border Protection (CBP) to impose a Maritime Goods Movement User Fee of 0.125% on all commercial cargo (except a U.S. export) that: (1) is unloaded from or loaded on a commercial vessel at a U.S. port, or (2) enters a U.S. point of entry. Prescribes a special rule prohibiting the imposition of such fee on: (1) cargo (except crude oil with respect to Alaska) loaded on a vessel in a mainland U.S. port and transported for use or consumption in Alaska, Hawaii, or any U.S. possession; (2) cargo loaded on a vessel in Alaska, Hawaii, or any U.S. possession and transported for use or consumption in the U.S. mainland, Alaska, Hawaii, or U.S. possession; (3) the unloading of such cargo in Alaska, Hawaii, or U.S. possession, or U.S. mainland, respectively; or (4) cargo loaded on a vessel in Alaska, Hawaii, or U.S. possession and unloaded in the state or U.S. possession in which loaded, or passengers transported on U.S.-flag vessels operating solely within Alaskan or Hawaiian waters and adjacent international waters. Prohibits imposition of such fee on: (1) on the United States or any U.S. agency, or (2) a nonprofit organization or cooperative for cargo intended for use in humanitarian or development assistance overseas. Requires use of up to $10 million of fees collected during any fiscal year for administrative expenses of the Department of Homeland Security (DHS), the Army Corps of Engineers, and the Department of Transportation (DOT). Makes certain fee allocations for: (1) harbor maintenance programs; (2) low-use ports; and (3) super donor ports to carry out projects or activities under a competitive grant for maritime improvement projects for movement of goods, as well as for other specified maritime improvement projects for movement of international maritime cargo. Defines "super donor port" as a port for which average expenditures in the 5 previous fiscal years: (1) from the Harbor Maintenance Trust Fund, for fiscal years beginning before enactment of this Act, are less than 10% percent of the total average amount of harbor maintenance taxes collected through landings at the port in such fiscal years; or (2) from the amounts collected for the Maritime Goods Movement User Fee, for fiscal years starting after enactment of this Act, are less than 10% of the total average amount of such fees collected through landings at the port. Establishes a Competitive Grant Program for Goods Movement. Amends the Internal Revenue Code to repeal the harbor maintenance tax. Declares that nothing in this Act shall be construed to prevent application of requirements that locally prevailing wages (Davis-Bacon Act) be paid to various classes of laborers and mechanics working on harbor maintenance improvement projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandparents Raising Grandchildren Assistance Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) many grandparents throughout the United States are the primary caregivers to their grandchildren and such grandparents are essentially starting over as parents; (2) grandparents are acting as parents for a second time primarily because of problems relating to the natural parents of their grandchildren such as drug and alcohol addiction, abuse, divorce, AIDS and other health problems, and teenage pregnancy; (3) grandparents and the grandchildren for whom they provide care often suffer legal, financial, emotional, and bureaucratic hardships; and (4) it is desirable to develop national policies that assist grandparents who are serving as the primary caregivers to their grandchildren. SEC. 3. GRANDCHILD SOCIAL SECURITY BENEFITS BASED ONLY ON DEPENDENCY. (a) In General.--Subsection (e) of section 216 of the Social Security Act (42 U.S.C. 416) is amended-- (1) by striking ``, but only if'' in the first sentence and all that follows through ``such individual died''; and (2) by striking the last sentence. (b) Additional Requirements if Parents Are Alive.--Section 202(d)(9) of the Social Security Act (42 U.S.C. 402(d)(9)) is amended by adding at the end the following new subparagraph: ``(C) If-- ``(i) a child is treated as a child of an individual under clause (3) of the first sentence of section 216(e), and ``(ii) a natural or adoptive parent of the child is living at the time specified in paragraph (1)(C) of this subsection, such child shall not be treated as dependent on such individual as of such time unless the period described in subparagraphs (A) and (B) is two years, and the natural or adoptive parent, if over the age of 18 years, is not a dependent for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to such individual.''. (c) Suspension of Benefits if Child Reunites With Parents.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; or''; and (3) by inserting after subparagraph (G) the following new subparagraph: ``(H) in the case of a child described in paragraph (9)(C), the first month during which such child lives with such child's natural or adoptive parent who has attained the age of 18 and who is not a dependent as described in such paragraph.''. (d) Effective Date.--The amendments made by this section shall apply to benefits payable for months after the date of the enactment of this Act, but only on the basis of applications filed after such date. SEC. 4. DEVELOPMENT OF OPTIONAL MODEL PROCEDURE FOR NOTIFYING RELATIVES PRIOR TO PLACEMENT OF A CHILD IN FOSTER CARE. (a) In General.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by inserting after section 477 the following new section: ``development of model procedure for notifying relatives prior to placement of a child in foster care ``Sec. 478. Not later than 180 days after the date of the enactment of this section, the Secretary shall develop a model procedure to be used by any State with a plan approved under this part which ensures that reasonable efforts will be made prior to the placement of a child in foster care to give notice to a relative (including a maternal or fraternal grandparent, adult sibling, aunt, or uncle) who might be available to care for the child.''. (b) State Option to Establish Model Procedure.--Subsection (a) of section 471 of the Social Security Act (42 U.S.C. 671) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(18) at the option of the State, provides that the State agency will establish the procedure developed by the Secretary under section 478 or an alternate procedure for notifying relatives prior to the placement of a child in foster care.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. SEC. 5. MODEL STANDARDS FOR INSURANCE COVERAGE OF DEPENDENTS. (a) Development of Model Standards.--If, within 1-year after the date of the enactment of this section, the National Association of Insurance Commissioners has not developed model standards for the coverage of dependents under health insurance policies, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary''), shall develop such standards not later than 180 days after the end of such 1-year period. (b) Distribution of Model Standards.--If the Secretary develops model standards under subsection (a), the Secretary shall distribute such standards to the commissioner of insurance, or any similar official, of each State. SEC. 6. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR GRANDCHILDREN. (a) In General.--Not later than 90 days after the date of the enactment of this section, the Secretary of Commerce (hereafter in this section referred to as the ``Secretary''), in carrying out the provisions of section 141 of title 13, United States Code, shall expand the data collection efforts of the Bureau of the Census (hereafter in this section referred to as the ``Bureau'') to enable the Bureau to collect statistically significant data, in connection with its decennial census and its mid-decade census, concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. (b) Expanded Census Question.--In carrying out the provisions of subsection (a), the Secretary shall expand the Bureau's census question that details households which include both grandparents and their grandchildren. The expanded question shall be formulated to distinguish between the following households: (1) a household in which a grandparent temporarily provides a home for a grandchild for a period of weeks or months during periods of parental distress; and (2) a household in which a grandparent provides a home for a grandchild and serves as the primary caregiver for the grandchild. SEC. 7. GRANTS FOR THE ESTABLISHMENT AND OPERATION OF A NATIONAL RESOURCE CENTER FOR GRANDPARENTS. (a) In General.--Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: ``(f)(1) The Commissioner shall make grants to, or enter into contracts with, one eligible entity to establish and operate the National Resource Center for Grandparents (referred to in this subsection as the `Center') to serve as a central source of information and assistance to older individuals who-- ``(A) raise their grandchildren; ``(B) encounter problems obtaining access to their grandchildren for purposes of visitation; or ``(C) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren. ``(2) The Center shall-- ``(A) be staffed by employees and volunteers, including such older individuals; ``(B) provide a toll-free telephone number to increase access to the information and assistance available from the Center; ``(C) collect and make available to such older individuals information regarding programs, projects, and activities of public and private entities (including governmental entities) relating to the matters described in subparagraphs (A), (B), and (C) of paragraph (1), including information on State law regarding grandparent visitation and Federal assistance available to such older individuals; and ``(D) refer individual grandparents to public and private entities that provide information or assistance regarding the rearing of grandchildren, including information regarding the prevention of drug abuse and the promotion of good health and nutrition. ``(3) For purposes of this subsection, the term `eligible entity' means a nonprofit private organization with a demonstrated record of experience in representing the concerns of older individuals with respect to their relationship to their grandchildren.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Grandparents Raising Grandchildren Assistance Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to qualify grandchildren for social security benefits based only on their dependency on social security recipients. Sets special rules if one of a grandchild's natural or adoptive parents is living. Provides for suspension of such benefits in the event the grandchild reunites with a natural or adoptive parent. Amends part E (Foster Care and Adoption Assistance) of SSA title IV to direct the Secretary of Health and Human Services to develop a model procedure for States to use in notifying relatives before the placement of a child in foster care. Directs the Secretary, if the National Association of Insurance Commissioners (NAIC) has not done so by a specified deadline, to develop model standards for the coverage of dependents under health insurance policies. Requires the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect statistically significant data on the growing trend of grandparents who are the primary caregivers for their grandchildren. Amends the Older Americans Act of 1965 to direct the Commissioner on Aging to make grants to or enter contracts with one eligible entity to establish and operate the National Resource Center for Grandparents to serve as a central source of information and assistance to older individuals who: (1) raise their grandchildren; (2) encounter problems obtaining visitation access to their grandchildren; or (3) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect and Save Act of 2012''. SEC. 2. AUTHORITY TO DISCLOSE RETURN AND RETURN INFORMATION IN FEDERAL AND STATE PROSECUTION LAW ENFORCEMENT. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Disclosure of certain return information in connection with identity theft and fraudulent returns.-- ``(A) In general.--In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. ``(B) Limitation on use of information.-- Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. ``(C) Requirements.--A request meets the requirements of this clause if-- ``(i) the request is made by the head of the agency (or his delegate) involved in such investigation, and ``(ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation. ``(D) Notification.--The Secretary shall determine whether or not to grant the disclosure request described in subparagraph (A) and notify the petitioning law enforcement agency within 30 days of receiving the request. This determination shall be expedited in instances where the crimes of murder, murder for hire, or arson are involved as certified by the requesting agency's head.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting ``or (k)(11)'' after ``subsection (i)(7)(A)''. (2) Paragraph (4) of section 6103(p) of such Code is amended-- (A) in the matter preceding subparagraph (A) by inserting ``or (11)'' after ``(k)(10)'', and (B) in subparagraph (F)(ii) by striking ``or (10)'' and inserting ``(10) or (11)''. (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(k)(11),'' after ``(7)(A)(ii),''. (c) Effective Date.--The amendment made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in section 6103 of the Internal Revenue Code of 1986 may be construed to prohibit Federal law enforcement officials from coordinating with State and local law enforcement agencies already investigating related crimes. SEC. 3. LOCAL LAW ENFORCEMENT LIAISON. Section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Local Law Enforcement Liaison.-- ``(1) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. ``(2) Duties.--The Local Law Enforcement Liaison shall-- ``(A) coordinate the investigation of tax fraud with State and local law enforcement agencies, ``(B) communicate the status of tax fraud cases involving identity theft, and ``(C) carry out such other duties as delegated by the Commissioner of Internal Revenue.''. SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 5. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 6. STUDY ON THE USE OF E-FILING IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role filing tax returns electronically (e-filing) and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 7. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the previous two calendar years in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under subsection (b) the information described in subsection (a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 8. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of House Regarding State Prison Authorities.--It is the sense of the House that the heads of State agencies charged with the administration of prisons should-- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 9. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and Federal, State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. Among the Federal agencies the Secretary shall consult in conducting the review are the following: (A) The Department of Veterans Affairs. (B) The Department of Justice. (C) The United States Postal Inspection Service. (D) The Social Security Administration. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

Protect and Save Act of 2012 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to disclose tax return information to federal and state law enforcement agencies to assist in the investigation of the misuse of the identity of another person for purposes of filing a false or fraudulent tax return, (2) direct the Commissioner of Internal Revenue to establish within the Criminal Investigation Division of the Internal Revenue Service (IRS) the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies, and (3) make permanent the authority of the Secretary to disclose tax return information to federal and state prison officials to prevent the filing of false or fraudulent tax returns by prison inmates. Requires the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current tax laws and regulations related to the confidentiality and disclosure of tax return information prevent the effective enforcement of federal, state, and local identity theft statutes. Requires the Comptroller General (GAO) to conduct a study and report on: (1) the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft, and (2) the role e-filing and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information. Requires the head of the Federal Bureau of Prisons to submit a detailed plan to Congress on how information obtained from the IRS will be used to reduce prison tax fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Misclassification Prevention Act''. SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES. (a) Recordkeeping and Notice Requirements.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended-- (1) by striking ``(c) Every employer subject to any provision of this Act or of any order issued under this Act'' and inserting the following: ``(c) Recordkeeping and Notice Requirements.-- ``(1) In general.--Every person subject to any provision of this Act or of any order issued under this Act''; (2) by striking ``of the persons employed by him'' and inserting the following: ``of-- ``(A) each individual employed by such person''; (3) by striking ``employment maintained by him, and shall'' and inserting the following: ``employment; ``(B) subject to paragraph (2), each individual-- ``(i) who is not an employee within the meaning given the term in section 3(e) (referred to in this subsection as a `non- employee'); ``(ii) whom the person has engaged, in the course of the person's trade or business, for the performance of labor or services; and ``(iii)(I) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or ``(II) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if-- ``(aa) such individual has an ownership interest in the entity; ``(bb) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and ``(cc) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity were an individual; and ``(C) the remuneration and hours relating to the performance of labor or services by each individual described in subparagraph (B); and ``(D) the notices required under paragraph (5), and shall''; and (4) by adding at the end the following: ``(2) Recordkeeping limitation.--A person otherwise subject to the requirements of paragraph (1) shall have no responsibility for making, keeping, or preserving records, including the records described in such paragraph and paragraph (4), concerning the employees of any individual described in paragraph (1)(B) or the non-employees with whom such individual has engaged for the performance of labor or services for such person, unless such records are provided during the course of the trade or business to the person. ``(3) Presumption.-- ``(A) In general.--For purposes of this Act and the regulations or orders issued under this Act, an individual who is employed, or who is remunerated for the performance of labor or services, by a person, shall be presumed to be an employee of the person if-- ``(i) the person has not made, kept, and preserved records in accordance with subparagraphs (B) and (C) of paragraph (1) regarding the individual; or ``(ii) the person has not provided the individual with the notice required under paragraph (5). ``(B) Rebuttal.--The presumption under subparagraph (A) shall be rebutted only through the presentation of clear and convincing evidence that an individual described in such subparagraph is not an employee (within the meaning of section 3(e)) of the person. ``(4) Accurate classification.--An accurate classification of the status of each individual described in paragraph (1) as either an employee (within the meaning of section 3(e)) of the person maintaining the records or a non-employee of such person shall be included within the records under this subsection. ``(5) Notice.-- ``(A) In general.--Every person subject to any provision of this Act or of any order issued under this Act shall provide the notice described in subparagraph (C) to each employee of the person and each individual classified by the person as a non-employee under paragraph (1)(B). ``(B) Timing of notice.-- ``(i) In general.--Such notice shall be provided, at a minimum, not later than 6 months after the date of enactment of the Employee Misclassification Prevention Act, and thereafter-- ``(I) for new employees, upon employment; and ``(II) for new non-employees who are classified under paragraph (1)(B), upon commencement of the labor or services described in such paragraph. ``(ii) Change in status.--Each person required to provide notice under subparagraph (A) to an individual shall also provide such notice to such individual upon changing such individual's status as an employee or non- employee under paragraph (1). ``(C) Contents of notice.--The notice required under this paragraph shall be in writing and shall-- ``(i) inform the individual of the individual's classification, by the person submitting the notice, as an employee or a non- employee under paragraph (1); ``(ii) include a statement directing such individual to a Department of Labor Web site established for the purpose of providing further information about the rights of employees under the law; ``(iii) include the address and telephone number for the applicable local office of the United States Department of Labor; ``(iv) include for each individual classified as a non-employee under paragraph (1)(B) by the person submitting the notice, the following statement: `Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'; and ``(v) include such additional information as the Secretary shall prescribe by regulation.''. (b) Special Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) to discharge or in any other manner discriminate against any individual (including an employee) because such individual has-- ``(A) opposed any practice, or filed a petition or complaint or instituted or caused to be instituted any proceeding-- ``(i) under or related to this Act (including concerning an individual's status as an employee or non-employee for purposes of this Act); or ``(ii) concerning an individual's status as an employee or non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; ``(B) testified or is about to testify in any proceeding described in subparagraph (A); or ``(C) served, or is about to serve, on an industry committee;''; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) to fail to accurately classify an individual as an employee.''. (c) Special Penalty for Certain Misclassification, Recordkeeping, and Notice Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)-- (A) in the sixth sentence, by striking ``any employee'' each place the term occurs and inserting ``any employee or individual''; (B) in the fourth sentence, by striking ``employee'' and inserting ``employee or individual''; (C) in the third sentence-- (i) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (ii) by striking ``one or more employees'' and inserting ``one or more employees or individuals''; and (iii) by striking ``other employees'' and inserting ``other employees or individuals, respectively,''; and (D) by inserting after the first sentence the following: ``Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Pay Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.''; and (2) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount-- ``(A) not to exceed $1,100; or ``(B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000.''. (d) Employee Rights Web Site.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish, for purposes of section 11(c)(5)(C)(ii) of the Fair Labor Standards Act of 1938 (as added by this Act), a single web page on the Department of Labor Web site that summarizes in plain language the rights of employees as described in the amendments made by subsection (a) and other information considered appropriate by the Secretary, including appropriate links to additional information on the Department of Labor Web site or other Federal agency Web sites. In addition, such web page-- (A) shall include a statement explaining that employees may have additional or greater rights under State or local laws and how employees may obtain additional information about their rights under State or local laws; (B) shall be made available in English and any other languages that the Secretary determines to be prevalent among individuals likely to access the web page; and (C) may provide a link to permit individuals to file complaints online. (2) Coordination with other federal web sites.--The Secretary shall coordinate with other relevant Federal agencies in order to provide information similar to the information described in paragraph (1) (or a link to the Department of Labor web page required by this subsection) on the Web sites of such other agencies. SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION PURPOSES. (a) In General.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (1) in paragraph (10), by striking the period and inserting ``; and''; and (2) by adding after paragraph (10) the following: ``(11)(A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and ``(B) The making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and ``(12) The establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes.''. (b) Review of Auditing Programs.--The Secretary of Labor shall include, in the Department of Labor's system for measuring States' performance in conducting unemployment compensation tax audits, a specific measure of their effectiveness in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including their effectiveness in identifying instances of such underreporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of the enactment of this Act. (2) Exception.--If the Secretary of Labor finds that legislation is necessary in order for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of-- (A) the day after the close of the first regular session of the legislature of such State which begins after the date of the enactment of this Act; or (B) 12 months after the date of the enactment of this Act. (d) Definition of State.--For purposes of this section, the term ``State'' has the meaning given such term by section 3306(j) of the Internal Revenue Code of 1986. SEC. 4. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS. (a) Coordination and Referral.--Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee contracted for the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207) or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department. The Wage and Hour Division may report such information to the Internal Revenue Service as the Division considers appropriate. (b) Regulations.--The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 5. TARGETED AUDITS. The audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.

Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and (2) provide certain notice to each new employee and new non-employee, including their classification as an employee or non-employee and information concerning their rights under the law. Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) fail to classify accurately an employee or non-employee. Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation. Directs the Secretary of Labor to establish a webpage on the Department of Labor website that summarizes the rights of employees under this Act and other appropriate information. Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS).

SECTION 1. FINDINGS. The Congress finds as follows: (1) To date, 212 innocent people have been exonerated nationwide through DNA testing and the Innocence Project has worked on the vast majority of those cases, with thousands awaiting evaluation in their last hope for justice. (2) Fifteen people had been sentenced to death before exoneration, and the average sentence served by DNA exonerees has been 12 years. (3) Approximately 70 percent of those exonerated by DNA testing are members of ethnic minority groups. (4) In over 35 percent of the cases the Innocence Project has been involved with, the actual perpetrator has been identified by DNA testing. (5) Exonerations have been won in 31 states and the District of Columbia. (6) Since 1992, the Innocence Project has served as a nonprofit legal clinic affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University, serving as a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice. (7) Most clients are poor and have used up all legal avenues for relief. (8) DNA testing has been a major factor in changing the criminal justice system, opening a window to correct and prevent wrongful convictions in cases involving everything from home invasion to murder. (9) The Innocence Project has grown to become much more than the ``court of last resort'' for inmates who have exhausted their appeals and their mean; it has helped form the Innocence Network: a group of law schools, journalism schools, public defender offices, and other independent entities across the country that assist inmates trying to prove their innocence whether or not the cases involve biological evidence which can be subjected to DNA testing. (10) Peter Neufeld authored the seminal work in criminal law, ``The Near Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform'' in the American Journal of Public Health (Vol. 95, No. S1 2005). (11) The Innocence Project has analyzed the wrongful convictions proven by DNA evidence in order to determine what causes them--across all criminal cases, not just those where DNA can prove innocence--and identify the reforms that can prevent them while increasing the accuracy of the criminal justice system. The lead causes include eyewitness misidentification, problems with the analysis of forensic evidence, and false ``confessions''. (12) With local advocates and partners, the Innocence Project consults with legislators and law enforcement officials on the Federal, State, and local levels, conduct research and training, produce scholarship and propose a wide range of remedies to prevent wrongful convictions while continuing to work to free innocent inmates through the use of post- conviction DNA testing. (13) In addition to serving as co-founders and co-directors of the Innocence Project, Barry C. Scheck and Peter Neufeld are Commissioners on the New York State Commission of Forensic Science. (14) Barry C. Scheck and Peter Neufeld, along with Pulitzer-Prize winning journalist Jim Dwyer, are the authors of Actual Innocence: When Justice Goes Wrong and How to Make it Right. (15) Additionally, Barry C. Scheck served on the board of directors of the National Institute of Justice's Commission on the Future of DNA Evidence, is co-chair of the DNA Task Force of the National Association of Criminal Defense Lawyers and, in 1996, received that Association's prestigious Robert C. Heeney Award for his contributions to the Association. (16) Barry C. Scheck is a graduate of Yale University and University of California at Berkeley's Boalt School of Law. (17) Barry C. Scheck, before joining the faculty of Cardozo Law School, worked for 3 years as a staff attorney at The Legal Aid Society in New York City. (18) Peter Neufeld is a graduate of the University of Wisconsin and New York University's School of Law. (19) Peter Neufeld, before joining Cardozo Law School, taught trial advocacy at Fordham University Law School and was a staff attorney with the Legal Aid Society of New York. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, to Barry C. Scheck and to Peter Neufeld a gold medal of appropriate design in recognition of their outstanding service to the Nation and to justice as co-founders and co-directors of the Innocence Project. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of each medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Awards a congressional gold medal to Barry C. Scheck and to Peter Neufeld in recognition of their outstanding service to the nation and to justice as co-founders and co-directors of the Innocence Project (a nonprofit legal clinic dedicated to exonerating wrongfully convicted people through DNA testing and to reforming the criminal justice system to prevent future injustice).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Enhancement Act of 2006''. SEC. 2. FINDINGS ON DISSEMINATION OF HOMELAND SECURITY-RELATED INFORMATION. Congress finds the following: (1) Section 201(d)(1) of the Homeland Security Act of 2002 gives the Department of Homeland Security authority to access, receive, and analyze law enforcement information, intelligence information, and other information from Federal, State, and local government agencies--including law enforcement agencies-- and to integrate such information in order to detect, identify, and assess terrorist threats to the homeland. (2) Section 201(d)(4) of the Homeland Security Act of 2002 likewise gives the Department the power to ensure ``timely and efficient access'' to these categories of information in order to effectively discharge its information sharing responsibilities. (3) Section 102A(f)(1)(B)(iii) of the National Security Act of 1947 (50 U.S.C. 403-1(f)(1)(B)(iii)), as amended by section 1011 of the Intelligence Reform and Terrorism Prevention Act of 2004, prohibits the Director of National Intelligence from disseminating information directly to State and local government officials. (4) Under section 119(f)(1)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(1)(E)), as amended, the Director of the National Counterterrorism Center supports the responsibilities of the Department of Homeland Security to disseminate terrorism information. (5) Section 201(d)(9) of the Homeland Security Act of 2002 gives the Department of Homeland Security the responsibility to disseminate information analyzed by the Department to other Federal, State, and local agencies with responsibilities relating to homeland security ``in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks. . .''. (6) Section 201(d)(11) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(11)) explicitly gives the Department the responsibility to ensure ``appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States''. (7) Section 201(d)(14) of the Homeland Security Act of 2002 gives the Department the responsibility ``to establish and utilize . . . a secure communications and information technology infrastructure . . . in order to access, receive, and analyze data'' and to disseminate that data to State, local, and tribal law enforcement agencies as appropriate. SEC. 3. HOMELAND SECURITY ADVISORY SYSTEM. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 is amended by adding at the end the following: ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. ``(a) Requirement.--The Under Secretary for Information and Analysis shall implement a Homeland Security Advisory System in accordance with this section to provide public advisories and alerts regarding threats to homeland security, including national, regional, local, and economic sector advisories and alerts, as appropriate. ``(b) Required Elements.--The Under Secretary, under the System-- ``(1) shall include, in each advisory and alert regarding a threat, information on appropriate protective measures and countermeasures that may be taken in response to the threat; ``(2) shall, whenever possible, limit the scope of each advisory and alert to a specific region, locality, or economic sector believed to be at risk; and ``(3) shall not, in issuing any advisory or alert, use color designations as the exclusive means of specifying the homeland security threat conditions that are the subject of the advisory or alert.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: ``Sec. 203. Homeland Security Advisory System.''. SEC. 4. HOMELAND SECURITY INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING. ``(a) Information Sharing Environment.--Consistent with section 1016 of the National Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize the information of the intelligence components of the Department into a Department information sharing environment, to be administered by the Under Secretary for Intelligence and Analysis. ``(b) Information Sharing and Knowledge Management Officers.--For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis with respect to coordinating the different systems used in the Department to gather and disseminate homeland security information. ``(c) State, Local, and Private-Sector Sources of Information.-- ``(1) Establishment of business processes.--The Under Secretary for Intelligence and Analysis shall establish Department-wide procedures for the review and analysis of information gathered from State, local, tribal, and private- sector sources and, as appropriate, integrate such information into the information gathered by the Department and other department and agencies of the Federal Government. ``(2) Feedback.--The Secretary shall develop mechanisms to provide analytical and operational feedback to any State, local, tribal, and private-sector entities that gather information and provide such information to the Secretary. ``(d) Training and Evaluation of Employees.-- ``(1) Training.--The Under Secretary shall provide to employees of the Department opportunities for training and education to develop an understanding of the definition of homeland security information, how information available to them as part of their duties might qualify as homeland security information, and how information available to them is relevant to the Office of Intelligence and Analysis. ``(2) Evaluations.--The Under Secretary shall, on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information and participating in the Department information sharing environment.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 204. Homeland security information sharing.''. (c) Establishment of Comprehensive Information Technology Network Architecture.-- (1) In general.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE. ``(a) Establishment.--The Secretary, acting through the Chief Intelligence Officer, shall establish a comprehensive information technology network architecture for the Office of Intelligence and Analysis. ``(b) Network Model.--The comprehensive information technology network architecture established under subsection (a) shall, to the extent possible, incorporate the approaches, features, and functions of the network proposed by the Markle Foundation in reports issued in October 2002 and December 2003, known as the System-wide Homeland Security Analysis and Resource Exchange (SHARE) Network. ``(c) Comprehensive Information Technology Network Architecture Defined.--the term `comprehensive information technology network architecture' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic goals and information resources management goals of the Office of Information and Analysis.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 205. Comprehensive information technology network architecture.''. (3) Reports.-- (A) Report on implementation of plan.--Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report containing a plan to implement the comprehensive information technology network architecture for the Office of Intelligence and Analysis of the Department of Homeland Security required under section 209 of the Homeland Security Act of 2002, as added by paragraph (1). Such report shall include the following: (i) Priorities for the development of the comprehensive information technology network architecture and a rationale for such priorities. (ii) An explanation of how the various components of the comprehensive information technology network architecture will work together and interconnect. (iii) A description of the technology challenges that the Office of Intelligence and Analysis will face in implementing the comprehensive information technology network architecture. (iv) A description of technology options that are available or are in development that may be incorporated into the comprehensive technology network architecture, the feasibility of incorporating such options, and the advantages and disadvantages of doing so. (v) An explanation of any security protections to be developed as part of the comprehensive information technology network architecture. (vi) A description of any safeguards for civil liberties and privacy to be built into the comprehensive information technology network architecture. (vii) An operational best practices plan. (B) Progress report.--Not later than 180 days after the date on which the report is submitted under subparagraph (A), the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Secretary in developing the comprehensive information technology network architecture required under section 209 of the Homeland Security Act of 2002, as added by paragraph (1). (d) Intelligence Component Defined.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following new paragraph: ``(17) The term `intelligence component of the Department' means any directorate, agency, or element of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information except-- ``(A) a directorate, agency, or element of the Department that is required to be maintained as a distinct entity under this Act; or ``(B) any personnel security, physical security, document security, or communications security program within any directorate, agency, or element of the Department.''. SEC. 5. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED INFORMATION. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following: ``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED INFORMATION. ``(a) Primary Authority.--Except as provided in subsection (b), the Secretary or the Secretary's designee shall be the executive branch official responsible for disseminating homeland security-related terrorist threat information to State and local government and tribal officials and the private sector. ``(b) Prior Approval Required.--No Federal official may issue any homeland security-related analysis, advisory, or alert without the Secretary's prior approval, except-- ``(1) in exigent circumstances under which it is essential that the information be communicated immediately; or ``(2) when such analysis advisory or alert is issued to Federal, State, local, or tribal law enforcement officials for the purpose of assisting them in any aspect of the administration of criminal justice.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 104. Authority for disseminating homeland security-related information.''.

Homeland Security Information Sharing Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to require the Under Secretary for Information and Analysis to implement a Homeland Security Advisory System to provide advisories and alerts regarding threats to homeland security. Requires such an advisory or alert to: (1) include information on protective measures and countermeasures; (2) be limited in scope to a specific region, locality, or economic sector; and (3) not use color designations as the exclusive means of specifying threat conditions. Directs the Secretary of the Department of Homeland Security (DHS) to: (1) integrate and standardize the information of the Department's intelligence components into a Department information-sharing environment; and (2) designate, for each such component, an information-sharing and knowledge management officer. Requires the Under Secretary to: (1) establish Department-wide procedures for the review and analysis of information gathered from state, local, tribal, and private-sector sources; (2) develop mechanisms to provide analytical and operational feedback; (3) provide Department employees training and educational opportunities; and (4) evaluate how employees of the Office of Intelligence and Analysis and the Department's intelligence components are utilizing homeland security information. Directs the Secretary, acting through the Chief Intelligence Officer, to establish a comprehensive information technology architecture for such Office. Makes the Secretary the executive branch official responsible for disseminating homeland security-related terrorist threat information to state and local government and tribal officials and the private sector. Prohibits any federal official from issuing a homeland security-related analysis, advisory, or alert without the Secretary's approval, with exceptions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earthquake Hazards Reduction Authorization Act of 2000''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--Section 12(a)(7) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is amended-- (1) by striking ``and'' after ``1998''; and (2) by striking ``1999.'' and inserting ``1999; $19,861,000 for the fiscal year ending September 30, 2001, of which $450,000 is for National Earthquake Hazard Reduction Program- eligible efforts of an established multi-state consortium to reduce the unacceptable threat of earthquake damages in the New Madrid seismic region through efforts to enhance preparedness, response, recovery, and mitigation; $20,705,000 for the fiscal year ending September 30, 2002; and $21,585,000 for the fiscal year ending September 30, 2003.''. (b) United States Geological Survey.--Section 12(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is amended-- (1) by inserting after ``operated by the Agency.'' the following: ``There are authorized to be appropriated to the Secretary of the Interior for purposes of carrying out, through the Director of the United States Geological Survey, the responsibilities that may be assigned to the Director under this Act $48,360,000 for fiscal year 2001, of which $3,500,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee established under section 10 of the Earthquake Hazards Reduction Act of 2000; $50,415,000 for fiscal year 2002, of which $3,600,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee; and $52,558,000 for fiscal year 2003, of which $3,700,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee; (2) by striking ``and'' at the end of paragraph (1); (3) by striking ``1999,'' at the end of paragraph (2) and inserting ``1999;''; and (4) by inserting after paragraph (2) the following: ``(3) $9,000,000 of the amount authorized to be appropriated for fiscal year 2001; ``(4) $9,250,000 of the amount authorized to be appropriated for fiscal year 2002; and ``(5) $9,500,000 of the amount authorized to be appropriated for fiscal year 2003,''. (c) Real-time Seismic Hazard Warning System.--Section 2(a)(7) of the Act entitled ``An Act To authorize appropirations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes (111 Stat. 1159; 42 U.S.C. 7704 nt) is amended by striking ``1999.'' and inserting ``1999, $2,600,000 for fiscal year 2001, $2,710,000 for fiscal year 2002, and $2,825,000 for fiscal year 2003.''. (d) National Science Foundation.--Section 12(c) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended-- (1) by striking ``1998, and'' and inserting ``1998,''; and (2) by striking ``1999.'' and inserting ``1999, and (5) $19,000,000 for engineering research and $11,900,000 for geosciences research for the fiscal year ending September 30, 2001. There are authorized to be appropriated to the National Science Foundation $19,808,000 for engineering research and $12,406,000 for geosciences research for fiscal year 2002 and $20,650,000 for engineering research and $12,933,000 for geosciences research for fiscal year 2003.''. (e) National Institute of Standards and Technology.--Section 12(d) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is amended-- (1) by striking ``1998, and''; and inserting ``1998,''; and (2) by striking ``1999.'' and inserting ``1999, $2,332,000 for fiscal year 2001, $2,431,000 for fiscal year 2002, and $2,534,300 for fiscal year 2003.''. SEC. 3. REPEALS. Section 10 and subsections (e) and (f) of section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) are repealed. SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. ``(a) Establishment.--The Director of the United States Geological Survey shall establish and operate an Advanced National Seismic Research and Monitoring System. The purpose of such system shall be to organize, modernize, standardize, and stabilize the national, regional, and urban seismic monitoring systems in the United States, including sensors, recorders, and data analysis centers, into a coordinated system that will measure and record the full range of frequencies and amplitudes exhibited by seismic waves, in order to enhance earthquake research and warning capabilities. ``(b) Management Plan.--Not later than 90 days after the date of the enactment of the Earthquake Hazards Reduction Authorization Act of 2000, the Director of the United States Geological Survey shall transmit to the Congress a 5-year management plan for establishing and operating the Advanced National Seismic Research and Monitoring System. The plan shall include annual cost estimates for both modernization and operation, milestones, standards, and performance goals, as well as plans for securing the participation of all existing networks in the Advanced National Seismic Research and Monitoring System and for establishing new, or enhancing existing, partnerships to leverage resources. ``(c) Authorization of Appropriations.-- ``(1) Expansion and modernization.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to establish the Advanced National Seismic Research and Monitoring System-- ``(A) $33,500,000 for fiscal year 2002; ``(B) $33,700,000 for fiscal year 2003; ``(C) $35,100,000 for fiscal year 2004; ``(D) $35,000,000 for fiscal year 2005; and ``(E) $33,500,000 for fiscal year 2006. ``(2) Operation.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to operate the Advanced National Seismic Research and Monitoring System-- ``(A) $4,500,000 for fiscal year 2002; and ``(B) $10,300,000 for fiscal year 2003.''. SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. ``(a) Establishment.--The Director of the National Science Foundation shall establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and their components and partial-scale physical models. The system shall be integrated through networking software so that integrated models and databases can be used to create model-based simulation, and the components of the system shall be interconnected with a computer network and allow for remote access, information sharing, and collaborative research. ``(b) Authorization of Appropriations.--In addition to amounts appropriated under section 12(c), there are authorized to be appropriated $28,200,000 for fiscal year 2001 for the Network for Earthquake Engineering Simulation. In addition to amounts appropriated under section 12(c), there are authorized to be appropriated to the National Science Foundation for the Network for Earthquake Engineering Simulation-- ``(1) $24,400,000 for fiscal year 2002; ``(2) $4,500,000 for fiscal year 2003; and ``(3) $17,000,000 for fiscal year 2004.''. SEC. 6. BUDGET COORDINATION. Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended-- (1) by striking subparagraph (A) of subsection (b)(1) and redesignating subparagraphs (B) through (F) of subsection (b)(1) as subparagraphs (A) through (E), respectively; (2) by striking ``in this paragraph'' in the last sentence of paragraph (1) of subsection (b) and inserting ``in subparagraph (E)''; and (3) by adding at the end the following new subsection: ``(c) Budget Coordination.-- ``(1) Guidance.--The Agency shall each year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program budget to be submitted to the Office of Management and Budget. ``(2) Reports.--Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that-- ``(A) identifies each element of the proposed Program activities of the agency; ``(B) specifies how each of these activities contributes to the Program; and ``(C) states the portion of its request for appropriations allocated to each element of the Program.''. SEC. 7. REPORT ON AT-RISK POPULATIONS. Not later than one year after the date of the enactment of this Act, and after a period for public comment, the Director of the Federal Emergency Management Agency shall transmit to the Congress a report describing the elements of the Program that specifically address the needs of at-risk populations, including the elderly, persons with disabilities, non-English-speaking families, single-parent households, and the poor. Such report shall also identify additional actions that could be taken to address those needs and make recommendations for any additional legislative authority required to take such actions. SEC. 8. PUBLIC ACCESS TO EARTHQUAKE INFORMATION. Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and development of means of increasing public access to available locality- specific information that may assist the public in preparing for or responding to earthquakes'' after ``and the general public''. SEC. 9. LIFELINES. Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after ``communication facilities''. SEC. 10. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE. (a) Establishment.--The Director of the United States Geological Survey shall establish a Scientific Earthquake Studies Advisory Committee. (b) Organization.--The Director shall establish procedures for selection of individuals not employed by the Federal Government who are qualified in the seismic sciences and other appropriate fields and may, pursuant to such procedures, select up to ten individuals, one of whom shall be designated Chairman, to serve on the Advisory Committee. Selection of individuals for the Advisory Committee shall be based solely on established records of distinguished service, and the Director shall ensure that a reasonable cross-section of views and expertise is represented. In selecting individuals to serve on the Advisory Committee, the Director shall seek and give due consideration to recommendations from the National Academy of Sciences, professional societies, and other appropriate organizations. (c) Meetings.--The Advisory Committee shall meet at such times and places as may be designated by the Chairman in consultation with the Director. (d) Duties.--The Advisory Committee shall advise the Director on matters relating to the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program, including the United States Geological Survey's roles, goals, and objectives within that Program, its capabilities and research needs, guidance on achieving major objectives, and establishing and measuring performance goals. The Advisory Committee shall issue an annual report to the Director for submission to Congress on or before September 30 of each year. The report shall describe the Advisory Committee's activities and address policy issues or matters that affect the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program. Passed the Senate October 18 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 1639 _______________________________________________________________________ AN ACT To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977, for the National Weather Service and Related Agencies, and for the United States Fire Administration for fiscal years 2000, 2001, and 2002.

Authorizes additional appropriations for FY 2001 through 2003 for a USGS program to develop a prototype real-time seismic warning system. (Sec. 3) Repeals provisions of the Act concerning: (1) non-Federal cost sharing for certain supplemental funds; (2) the authorization of appropriations in prior fiscal years for certain required adjustments in employee salaries and benefits; and (3) the availability of FY 1991-1993 funding. (Sec. 4) Requires the USGS Director to establish and operate an Advanced National Seismic Research and Monitoring System to organize, modernize, and standardize U.S. national, regional, and urban seismic monitoring systems. Requires such Director to transmit to Congress a five-year management plan for establishing and operating the System. Authorizes appropriations for FY 2002 through 2006, and additional amounts for FY 2002 and 2003 for System operation. (Sec. 5) Requires the NSF Director to establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and partial-scale models. Authorizes appropriations for FY 2001 through 2004. (Sec. 6) Directs FEMA to: (1) annually provide guidance to other agencies involved in the National Earthquake Hazards Reduction Program (Program) concerning the preparation of requests for appropriations for Program activities; and (2) prepare and submit to the Office of Management and Budget an annual Program budget. Requires each Program agency to specify Program activities in their annual request for appropriations. (Sec. 7) Requires the FEMA Director to report to Congress describing Program elements that specifically address the needs of at-risk populations. (Sec. 8) Requires FEMA's comprehensive earthquake education and public awareness program to include increasing public access to available locality-specific information to assist the public in preparing for or responding to earthquakes. (Sec. 10) Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stark Administrative Simplification Act of 2017''. SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK RULE UNDER MEDICARE. Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(j) Self-disclosure Protocols.-- ``(1) In general.--Beginning one year after the date of the enactment of this subsection-- ``(A) an entity or individual may voluntarily disclose a compensation arrangement with actual or potential inadvertent technical noncompliance with subsection (a)(1) (as defined in paragraph (3)(H)) pursuant to either the self-referral disclosure protocol (defined in paragraph (2)) or the alternative protocol for technical noncompliance under paragraph (3); ``(B) disclosures voluntarily withdrawn from the alternative protocol for technical noncompliance may be submitted to the self-referral disclosure protocol; and ``(C) an entity that, prior to the establishment of the alternative protocol for technical noncompliance, disclosed to the self-referral disclosure protocol a compensation arrangement that was in inadvertent technical noncompliance with subsection (a)(1), may elect, not later than one year after such alternative protocol is established, to withdraw such disclosure from the self-referral disclosure protocol and instead submit the disclosure to such alternative protocol. ``(2) Self-referral disclosure protocol.--The term `self- referral disclosure protocol' or `SRDP' means the protocol specified in section 6409 of Public Law 111-148. ``(3) Alternative protocol for inadvertant technical noncompliance.-- ``(A) In general.--The Secretary shall establish, not later than one year after the date of the enactment of this subsection, an alternative protocol for technical noncompliance (in this subsection referred to as the `APTN') to enable entities to disclose arrangements that were previously in inadvertent technical noncompliance with subsection (a)(1) and, upon the Secretary's acceptance of the disclosure, make payment of a civil monetary penalty. Payment of such civil monetary penalty for an arrangement shall resolve only overpayments due and owing as a result of such arrangement's inadvertent technical noncompliance with subsection (a)(1). The provisions of section 6409 of Public Law 111-148 shall not apply to this subsection. ``(B) Disclosure requirements.--Arrangements disclosed to the APTN must-- ``(i) involve only inadvertent technical noncompliance with subsection (a)(1) that was ended by termination or expiration of the arrangement, or by action of the parties to the arrangement to resolve the technical noncompliance, prior to the date of submission of the disclosure to the APTN; ``(ii) be made in the form and manner specified by the Secretary on the public Internet website of the Centers for Medicare & Medicaid Services and include descriptions of-- ``(I) the compensation arrangement that was in technical noncompliance with subsection (a)(1); ``(II) how and when the technical noncompliance with subsection (a)(1) was ended or the arrangement was otherwise terminated; and ``(III) how the remuneration paid under the compensation arrangement being disclosed was-- ``(aa) consistent with the fair market value of the items and services that were provided under the compensation arrangement; and ``(bb) not determined in a manner that directly or indirectly takes into account the volume or value of referrals or other business generated between the parties; ``(iii) include a form settlement agreement provided by the Secretary signed by the entity; and ``(iv) include a certification from the entity that, to the best of the entity's knowledge, the information provided is truthful information and is based on a good faith effort to bring the matter to the Secretary's attention. ``(C) Acceptance or rejection of disclosure by the secretary.--The following rules shall apply to the acceptance or rejection of a disclosure under the APTN: ``(i) The Secretary shall accept or reject a complete, accurate, and timely disclosure. ``(ii) Upon receipt of a disclosure, the Secretary shall notify the disclosing party of such receipt. ``(iii) The Secretary may request additional information from the disclosing party. ``(iv) Upon acceptance by the Secretary, the Secretary shall notify the disclosing party in writing of such acceptance. ``(v) The disclosure shall be rejected if-- ``(I) the disclosing party fails to furnish the additional information requested by the Secretary in such form and manner as the Secretary may specify; or ``(II) in the Secretary's sole determination, the noncompliance disclosed did not meet the disclosure requirements specified in subparagraph (B). ``(vi) The disclosure shall be accepted if-- ``(I) the Secretary has issued a written notice to the disclosing party that the disclosure is determined to satisfy the requirements for disclosures under this section; or ``(II) the disclosure is complete, accurate, and timely and satisfies each of the requirements for disclosures under this section, 180 calendar days have passed since notification of receipt by the Secretary of the disclosure, and the Secretary has not rejected the disclosure during that period. ``(vii) In determining whether to accept a disclosure, the Secretary may reasonably rely on the information and certifications included in the disclosure. ``(D) Rule for withdrawal of disclosure.--Prior to acceptance or rejection of a disclosure by the Secretary, an entity may voluntarily withdraw such disclosure from the APTN. ``(E) Civil monetary penalties pursuant to the alternative protocol for technical noncompliance.-- ``(i) In general.--Subject to clause (ii), for each arrangement disclosed under this subsection and accepted under subparagraph (C), the Secretary shall impose a single civil monetary penalty of-- ``(I) $5,000, in the case in which disclosure of the inadvertant technical noncompliance with subsection (a)(1) was submitted to the Secretary not later than the date that is one year after the initial date of inadvertent technical noncompliance with subsection (a)(1); or ``(II) $10,000, in the case in which the disclosure of the inadvertant technically noncompliance with subsection (a)(1) was submitted to the Secretary-- ``(aa) after the date that is more than one year after the initial date of the entity's inadvertent technical noncompliance with subsection (a)(1); and ``(bb) not after the date that is 3 years (or, in the case of a disclosure submitted after the 5th year for which this subsection applies, the date that is 2 years) from the initial date of the entity's inadvertent technical noncompliance with subsection (a)(1). ``(ii) Special rule for entities that disclosed to the aptn after withdrawing a disclosure from the srdp.--In the case of an entity that elects under paragraph (1)(C) to withdraw a disclosure from the self-referral disclosure protocol (as defined in paragraph (2)) and instead submit the disclosure to the APTN under this subsection, in determining the applicable civil monetary penalty under clause (i), the date of disclosure to the self- referral disclosure protocol shall be substituted for the date of disclosure to the APTN. ``(F) Relation to advisory opinions.--The APTN shall be separate from the advisory opinion process set forth in regulations implementing subsection (g) of this section. ``(G) Publication on internet website of aptn information.--Not later than one year after the date of the enactment of this subsection, the Secretary shall post information on the public Internet website of the Centers for Medicare & Medicaid Services to inform relevant stakeholders of how to disclose and make payment of a civil monetary penalty for inadvertent technical noncompliance with subsection (a)(1). ``(H) Definitions.--In this subsection: ``(i) Technical noncompliance.--The term `technical noncompliance with subsection (a)(1)' means, with respect to a compensation arrangement, that-- ``(I) the arrangement is not signed by one or more parties to the arrangement; ``(II) following the expiration of the arrangement, the arrangement was a holdover arrangement for a period longer than permitted in regulations issued by the Secretary; or ``(III) the contemporaneous written documentation evidencing the terms of the arrangement identifies the parties to the arrangement and the items, services, space, or equipment, as applicable, but is not sufficient to satisfy the writing requirement of an applicable exception. ``(ii) Inadvertent.--The term `inadvertent' means, with respect to a compensation arrangement that is in technical noncompliance with subsection (a)(1), that an entity that is a party to the compensation arrangement did not know or should not have known of the noncompliance. ``(I) Administration.--Chapter 35 of title 44, United States Code, shall not apply to this subsection. ``(J) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of this paragraph by program instruction or otherwise.''.

Stark Administrative Simplification Act of 2017 This bill establishes alternative protocols and sanctions for inadvertent technical noncompliance with the Stark Rule against self-referral under Medicare. "Technical noncompliance" means, with respect to a compensation arrangement, that: (1) the agreement is not signed by one or more parties to the arrangement, (2) the arrangement was a holdover arrangement for a period longer than is allowed by the Centers for Medicare & Medicaid Services, or (3) documentation of the arrangement contains specified identifying information but is otherwise insufficient to satisfy the writing requirement of an applicable exception.

SECTION 1. LIMITATION ON CERTAIN ALIENS CLAIMING EARNED INCOME TAX CREDIT. (a) In General.--Paragraph (1) of section 32(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Prohibition on retroactive credit for certain immigrants.-- ``(i) In general.--In the case of any alien described in clause (iii), no credit shall be allowed under this section for the taxable year in which such alien was granted deferred action described in such clause or for any taxable year prior to such year unless such alien-- ``(I) was an eligible individual for the taxable year, and ``(II) was authorized to engage in employment in the United States for the entire taxable year. ``(ii) Married individuals.--In the case of an eligible individual who is married (within the meaning of section 7703) to an alien described in clause (iii), no credit shall be allowed under this section for any taxable year-- ``(I) in which such alien was married (within the meaning of section 7703) to the eligible individual, and ``(II) which includes or was prior to the date on which such alien was granted deferred action described in such clause, unless such alien was authorized to engage in employment in the United States for the entire taxable year. ``(iii) Alien described.--An alien is described in this clause if such alien is granted deferred action pursuant to 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 (or any substantially similar policy changes issued or taken on or after the date of the enactment of this clause, whether set forth in memorandum, Executive order, regulation, directive, or by other action).''. (b) Qualifying Children.--Subparagraph (D) of section 32(c)(3) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) Prior years.--In the case of an alien described in paragraph (1)(G)(iii), such alien shall not be taken into account as a qualifying child under subsection (b) for any taxable year in which such alien was granted deferred action described in such paragraph, or for any taxable year prior to such year, unless such alien was authorized to engage in employment in the United States for the taxable year.''. (c) Information Sharing.-- (1) Commissioner of social security.-- (A) In general.--The Commissioner of Social Security (referred to in this subsection as the ``Commissioner'') shall provide to the Secretary of Treasury (or the Secretary's delegate) the information described in subparagraph (B) with respect to any alien who-- (i) is granted deferred action pursuant to 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 (or any substantially similar policy changes issued or taken on or after the date of the enactment of this clause, whether set forth in memorandum, Executive order, regulation, directive, or by other action); and (ii) has been assigned a social security account number by the Commissioner. (B) Information provided.--The information described in this subparagraph is-- (i) the name and social security account number of any individual described in subparagraph (A); (ii) the date such social security account number was issued by the Commissioner; and (iii) such other information as determined by the Commissioner, in consultation with the Secretary of the Treasury, to be necessary to carry out the amendments made by subsections (a) and (b). (2) Secretary of homeland security.--The Secretary of Homeland Security shall provide to the Commissioner of Social Security such information as is necessary to assist the Commissioner in carrying out the requirements of paragraph (1). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

This bill amends the Internal Revenue Code to deny the earned income tax credit to an alien who has been granted deferred action from removal in any taxable year in which such alien was not lawfully present in the United States or not authorized to work. The bill requires the Commissioner of Social Security to provide the Internal Revenue Service with information on social security account numbers granted to aliens under the deferred action from removal program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Accountability through Transparency Act of 2009''. SEC. 2. MEDICAID INTERNET-BASED TRANSPARENCY PROGRAM. (a) In General.--Title XIX of the Social Security Act, as amended by section 203(d) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3), is amended by adding at the end the following new section: ``SEC. 1943. INTERNET-BASED TRANSPARENCY PROGRAM. ``(a) In General.--Not later than one year after the date of the enactment of this section, the Secretary shall implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non- aggregated information on individuals collected under the Medicaid Statistical Information System described in section 1903(r)(1)(F) insofar as such information has been de-identified in accordance with regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In implementing such program, the Secretary shall ensure that-- ``(1) the information made so available is in a format that is easily accessible, useable, and understandable to the public, including individuals interested in improving the quality of care provided to individuals eligible for items and services under this title, researchers, health care providers, and individuals interested in reducing the prevalence of waste and fraud under this title; ``(2) the information made so available is as current as deemed practical by the Secretary and shall be updated at least once per calendar quarter; ``(3) to the extent feasible-- ``(A) all hospitals, nursing homes, clinics, and large physician practices included in such information that are identifiable by name to individuals who access the information through such program; and ``(B) all individual health care providers not described in subparagraph (A), including physicians and dentists, are identifiable by unique identifier numbers that are disclosed only to appropriate officials within the Department of Health and Human Services and the State involved; and ``(4) the Secretary periodically solicits comments from a sampling of individuals who access the information through such program on how to best improve the utility of the program. ``(b) Use of Contractor.--For purposes of implementing the program under subsection (a) and ensuring the information made available through such program is periodically updated, the Secretary may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the Secretary determines appropriate. ``(c) Annual Reports.--Not later than 2 years after the date of the enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the progress of the program under subsection (a), including on the extent to which information made available through the program is accessed and the extent to which comments received under subsection (a)(4) were used during the year involved to improve the utility of the program. ``(d) Incentives for Compliance With Existing State Requirements.-- If the Secretary determines that one of the 50 States or the District of Columbia has not fully and properly complied with section 1903(r)(1)(F), including any encounter data requirements, for any period beginning after the date that is one year after the date of the enactment of this section, the Secretary shall reduce the amount paid to the State or the District of Columbia, respectively, under section 1903(a) by $25,000 for each such day. Such reduction shall be made unless-- ``(1) the State or the District of Columbia, respectively, demonstrates to the Secretary's satisfaction that the State made a good faith effort to comply; ``(2) not later than 60 days after the date of a finding that the State or the District of Columbia, respectively, has not fully and properly complied with section 1903(r)(1)(F), the State or the District of Columbia, respectively, submits to the Secretary (and the Secretary approves) a corrective action plan to implement such a program; and ``(3) not later than 12 months after the date of such submission (and approval), the State or the District of Columbia, respectively, fulfills the terms of such corrective action plan. The Secretary shall transfer the amount of any reduction under this subsection to the fund established under subsection (e). ``(e) Funding.-- ``(1) Medicaid internet-based transparency fund.--The Secretary shall establish a fund to be known as the `Medicaid Internet-based Transparency Fund', consisting of such amounts as may be transferred to such Fund under subsection (d) and such amounts as may be appropriated to such Fund under paragraph (3). ``(2) Expenditures from fund.--Amounts in the Medicaid Internet-based Transparency Fund shall be available to the Secretary only for purposes of carrying out this section. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Medicaid Internet-based Transparency Fund $10,000,000 for fiscal year 2009, to remain available until expended.''. (b) Feasibility Report on Including SCHIP Information in Internet- Based Transparency Program.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representative and the Committee on Finance of the Senate a report on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI of the Social Security Act which would not otherwise be included in the information collected under the Medicaid Statistical Information System described in section 1903(r)(1)(F) of such Act and made available under section 1943 of such Act, as added by subsection (a).

Medicaid Accountability through Transparency Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Children's Health Insurance Program Reauthorization Act of 2009, to direct the Secretary of Health and Human Services to implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non-aggregated, de-identified information on individuals collected under the Medicaid Statistical Information System (MSIS). Requires reduction of Medicaid payments to states which have not provided for electronic transmission of claims data in the format specified by the Secretary and consistent with the MSIS (including detailed individual enrollee encounter data and other information that the Secretary may find necessary). Directs the Secretary to report to specified congressional committees on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of the Social Security Act which would not otherwise be included in the information collected under the MSIS.

TITLE I--MODIFICATION OF PROVISIONS RELATING TO DRAWBACK CLAIMS SEC. 101. MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICATIONS. Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)), is amended to read as follows: ``(c) Merchandise Not Conforming to Sample or Specifications.-- ``(1) Conditions for drawback.--Upon the exportation or destruction under the supervision of the Customs Service of articles or merchandise-- ``(A) upon which the duties have been paid, ``(B) which has been entered or withdrawn for consumption, ``(C) which is-- ``(i) not conforming to sample or specifications, shipped without the consent of the consignee, or determined to be defective as of the time of importation, or ``(ii) ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision, and ``(D) which, within 3 years after the date of importation or withdrawal, as applicable, has been exported or destroyed under the supervision of the Customs Service, the full amount of the duties paid upon such merchandise, less 1 percent, shall be refunded as drawback. ``(2) Designation of import entries.--Notwithstanding paragraph (1), for purposes of paragraph (1)(C)(ii), drawback may be claimed by designating any entry of merchandise that was imported within 1 year before the date of exportation or destruction of the merchandise described in paragraph (1) under the supervision of the Customs Service. The returned merchandise, at the time of its importation, must be commercially interchangeable with the merchandise designated for drawback. ``(3) When drawback certificates not required.--For purposes of this subsection, drawback certificates are not required if the drawback claimant and the importer are the same party, or if the drawback claimant is a drawback successor to the importer as defined in subsection (s)(3).''. SEC. 102. TIME LIMITATION ON EXPORTATION OR DESTRUCTION. Section 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(j)), is amended-- (1) by striking ``No'' and inserting ``Unless otherwise provided for in this section, no''; and (2) by inserting ``, or destroyed under the supervision of the Customs Service,'' after ``exported''. SEC. 103. USE OF DOMESTIC MERCHANDISE ACQUIRED IN EXCHANGE FOR IMPORTED MERCHANDISE OF SAME KIND AND QUALITY. Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)), is amended-- (1) by striking ``(k)'' and inserting ``(k)(1)''; and (2) by adding at the end the following new paragraph: ``(2) For purposes of subsections (a) and (b), the use of any domestic merchandise acquired in exchange for a drawback product of the same kind and quality shall be treated as the use of such drawback product if no certificate of delivery or certificate of manufacture and delivery pertaining to such drawback product is issued, other than that which documents the product's manufacture and delivery. As used in this paragraph, the term `drawback product' means any domestically produced product manufactured with imported merchandise that is subject to drawback.'' SEC. 104. PACKAGING MATERIAL. Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)), is amended to read as follows: ``(q) Packaging Material.-- ``(1) Packaging material under subsections (c) and (j).-- Packaging material, whether imported and duty paid, and claimed for drawback under either subsection (c) or (j)(1), or imported and duty paid, or substituted, and claimed for drawback under subsection (j)(2), shall be eligible for drawback, upon exportation or destruction, of 99 percent of any duty, tax, or fee imposed under Federal law on such imported material. ``(2) Packaging material under subsections (a) and (b).-- Packaging material that is manufactured or produced under subsection (a) or (b) shall be eligible for drawback, upon exportation or destruction, of 99 percent of any duty, tax, or fee imposed under Federal law on the imported or substituted merchandise used to manufacture or produce such material. ``(3) Contents.--Packaging material described in paragraphs (1) and (2) shall be eligible for drawback whether or not they contain articles or merchandise, and whether or not any articles or merchandise they contain are eligible for drawback. ``(4) Employing packaging material for its intended purpose prior to exportation.--The use of any packaging material for its intended purpose prior to exportation or destruction shall not be treated as a use of such material prior to exportation or destruction for purposes of applying subsection (a), (b), or (c), or paragraph (1)(B) or (2)(C)(i) or subsection (j).''. SEC. 105. LIMITATION ON LIQUIDATION. Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Liquidation.-- ``(1) Entries for consumption.--Unless an entry of merchandise for consumption is extended by statute or court order, except as provided in section 751(a)(3), an entry of merchandise for consumption not liquidated within 1 year from-- ``(A) the date of entry of such merchandise, ``(B) the date of the final withdrawal of all such merchandise covered by a warehouse entry, ``(C) the date of withdrawal from warehouse of such merchandise for consumption if, pursuant to regulations issued under section 505(a), duties may be deposited after the filing of any entry or withdrawal from warehouse, or ``(D) if a reconciliation is filed, or should have been filed, the date of the filing under section 484 or the date the reconciliation should have been filed, shall be deemed liquidated at the rate of duty, value, quantity, and amount of duties asserted at the time of entry by the importer of record. Notwithstanding section 500(e), notice of liquidation need not be given of an entry deemed liquidated. ``(2) Entries or claims for drawback.-- ``(A) In general.--Except as provided in subparagraph (B), unless an entry or claim for drawback is extended under subsection (b) or suspended as required by statute or court order, an entry or claim for drawback not liquidated within 1 year from the date of entry or claim shall be deemed liquidated at the drawback amount asserted by the claimant at the time of entry or claim. Notwithstanding section 500(c), notice of liquidation need not be given of an entry deemed liquidated. ``(B) Exception.--An entry or claim for drawback filed before the date of the enactment of this paragraph, the liquidation of which is not final as of the date of the enactment of this paragraph, shall be deemed liquidated on the date that is 1 year after the date of the enactment of this paragraph at the drawback amount asserted by the claimant at the time of the entry or claim. ``(3) Payments or refunds.--Payment or refund of duties owed pursuant to paragraph (1) or (2) shall be made to the importer of record or drawback claimant, as the case may be, not later than 90 days after liquidation. ``(b) Extension.--The Secretary may extend the period in which to liquidate an entry if-- ``(1) the information needed for the proper appraisement or classification of the imported or withdrawn merchandise, or for determining the correct drawback amount, or for ensuring compliance with applicable law, is not available to the Customs Service; or ``(2) the importer of record or drawback claimant, as the case may be, requests such extension and shows good cause therefor. The Secretary shall give notice of an extension under this subsection to the importer of record or drawback claimant, as the case may be, and the surety of such importer of record or drawback claimant. Notice shall be in such form and manner (which may include electronic transmittal) as the Secretary shall by regulation prescribe. Any entry the liquidation of which is extended under this subsection shall be treated as having been liquidated at the rate of duty, value, quantity, and amount of duty asserted at the time of entry by the importer of record, or the drawback amount asserted at the time of entry by the drawback claimant, at the expiration of 4 years from the applicable date specified in subsection (a).''; (2) in subsection (c)-- (A) by inserting ``or drawback claimant, as the case may be,'' after ``to the importer of record''; and (B) by inserting ``or drawback claimant'' after ``of such importer of record''; and (3) in subsection (d), by striking the period at the end and inserting ``or (in the case of a drawback entry or claim) at the drawback amount asserted at the time of entry by the drawback claimant.''. SEC. 106. PENALTIES FOR FALSE DRAWBACK CLAIMS. Section 593A(h) of the Tariff Act of 1930 (19 U.S.C. 1593a(h)) is amended by striking ``subsection (g)'' and inserting ``subsections (c) and (g)''. SEC. 107. EFFECTIVE DATE. (a) Sections 101, 102, 103, 104, and 106.--The amendments made by sections 101, 102, 103, 104, and 106 shall take effect on the date of the enactment of this Act, and shall apply to-- (1) any drawback entry filed on and after such date of enactment; and (2) any drawback entry filed before such date of enactment if the liquidation of the entry is not final on such date of enactment. (b) Section 105.--The amendments made by section 105 shall take effect on the date of the enactment of this Act, and shall apply to-- (1) any entry of merchandise for consumption or entry or claim for drawback filed on and after such date of enactment; and (2) any entry or claim for drawback filed before such date of enactment if the liquidation of the entry or claim is not final on such date of enactment. TITLE II--LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES SEC. 201. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, and subject to subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) by applying the column 1 general rate of duty of the Harmonized Tariff Schedule of the United States to each entry that is liquidated or reliquidated, regardless of whether the entry was made under the column 1 special rate of duty of such schedule. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only upon a request therefor is filed with the Customs Service. (c) Payment of Amounts Due.--Any amounts due to the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), filed at the ports of Laredo, Texas (designated as port of entry 2304), Hidalgo, Texas (designated as port of entry 2305), and Wilmington, Delaware (designated as port of entry 1103), are as follows: ------------------------------------------------------------------------ Port of Entry Date of Entry ------------------------------------------------------------------------ 95300618568 2305 02/22/95 95300618576 2305 02/22/95 95300619236 2305 02/27/95 95300619277 2305 02/27/95 95300619806 2305 03/02/95 95300619871 2305 03/02/95 95300620142 2305 03/07/95 95300620176 2305 03/03/95 95300620184 2305 03/03/95 95300620911 2305 03/07/95 95300635133 2305 04/07/95 95300635141 2305 04/07/95 95300635950 2305 04/12/95 95300635968 2305 04/12/95 95300636370 2305 04/14/95 95300636388 2305 04/14/95 95300640554 2305 05/09/95 95300640653 2305 05/10/95 95300656592 2304 11/05/95 95300657665 2304 11/29/95 95300657756 2304 12/02/95 95300658358 2304 12/16/95 95300658408 2304 12/17/95 95300658572 2304 12/19/95 95300658648 2304 12/22/95 95300658754 2304 12/22/95 95300658945 2304 12/27/95 95300659018 2304 12/28/95 95300659117 2304 12/29/95 95300659208 2304 01/02/96 95300659398 2304 01/05/96 95300659513 2304 01/08/96 95300659547 2304 01/09/96 95300659679 2304 01/11/96 95300659737 2304 01/14/96 95300659794 2304 01/13/96 95300659810 2304 01/14/96 95300659844 2304 01/15/96 95300659851 2304 01/15/96 95300659901 2304 01/16/96 95300659919 2304 01/16/96 95300659935 2304 01/17/96 95300660065 2304 01/18/96 95300660107 2304 01/19/96 95300660172 2304 01/22/96 95300660180 2304 01/22/96 95300660248 2304 01/22/96 95300660362 2304 01/23/96 95300660388 2304 01/24/96 95300660560 2304 01/25/96 95300660743 2304 01/27/96 95300660818 2304 01/29/96 95300660826 2304 01/29/96 95300704053 2305 05/16/95 95300704061 2305 05/16/95 95300704889 2305 05/22/95 95300704897 2305 05/22/95 95300705886 2305 05/31/95 95300705969 2305 05/30/95 95300706900 2305 06/09/95 95300706926 2305 06/09/95 95300752656 2305 02/02/96 95300752698 2305 02/04/96 95300752805 2305 02/05/96 95300752813 2305 02/05/96 95300752870 2305 02/06/96 95300752904 2305 02/06/96 95300753001 2305 02/07/96 95300753076 2305 02/09/96 R7410350736 1103 11/29/95 R7410350769 1103 11/29/95 R7410350801 1103 11/29/95 R7410350835 1103 11/29/95 T8500081575 2305 06/16/95 T8500081591 2305 06/16/95 T8500081716 2305 06/20/95 T8500081724 2305 06/20/95 T8500081815 2305 06/27/95 T8500081823 2305 06/28/95 T8500081922 2305 06/27/95 T8500081930 2305 06/27/95 T8500082052 2305 07/01/95 T8500082060 2305 07/01/95 T8500082326 2305 07/14/95 T8500082342 2305 07/14/95 T8500082458 2305 07/22/95 T8500082482 2305 07/22/95 T8500082508 2305 07/24/95 T8500082516 2305 07/24/95 T8500082581 2305 07/30/95 T8500082599 2305 07/30/95 T8500082656 2305 08/03/95 T8500082664 2305 08/03/95 T8500082748 2305 08/09/95 T8500082797 2305 08/10/95 T8500082839 2305 08/14/95 T8500082847 2305 08/14/95 T8500084462 2305 10/22/95 ------------------------------------------------------------------------

Amends the Tariff Act of 1930 to revise provisions requiring a refund of duties (drawback) on articles or merchandise which has been exported or destroyed under the supervision of the Customs Service within three years after importation or withdrawal, and which, among other things, is ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision. Authorizes a drawback to be claimed by designating any entry of such merchandise that was imported within one year before its exportation or destruction. Prohibits the allowance of a drawback unless the completed article is exported or destroyed under the supervision of the Customs Service within five years after its importation.Sets forth drawback requirements with regard to: (1) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (2) packaging material; and (3) liquidation of entries.Sets forth penalties for false drawback claims.Provides for the liquidation or reliquidation of certain entries filed at the ports of Laredo, Texas, Hidalgo, Texas, and Wilmington, Delaware.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. SEC. 2. PUBLIC HEALTH INSURANCE OPTION. (a) In General.--Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91) is amended by adding at the end the following: ``SEC. 2795. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plan years beginning in 2019, the Secretary shall establish, and provide for the offering through the Exchanges, of a qualified health plan (in this Act referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high- quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(b) Administrating the Public Health Insurance Option.-- ``(1) Offered through exchanges.-- ``(A) Exclusive to exchanges.--The public health insurance option shall be made available through the Exchanges. ``(B) Ensuring a level playing field.--Consistent with this section, the public health insurance option shall comply with requirements under title I of the Patient Protection and Affordable Care Act, and the amendments made by that title, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(C) Provision of benefit levels.--The public health insurance option shall offer bronze, silver, and gold plans. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(3) Ombudsman.-- ``(A) Establishment.--The Secretary shall establish an office of the ombudsman for the public health insurance option. ``(B) Duties.--Such ombudsman shall-- ``(i) have duties with respect to the public health insurance option similar to the duties of the Medicare Beneficiary Ombudsman under section 1808(c)(2) of the Social Security Act; and ``(ii) work with States to ensure that information and notice is provided that the public health insurance option is one of the health plans available through an Exchange. ``(4) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. ``(iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(D) Applicability of recommendations.--The Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. ``(5) Data collection.--The Secretary shall collect such data as may be required-- ``(A) to establish rates for premiums and health care provider reimbursement under subsection (c); and ``(B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(C) Variations in premium rates.--The premium rate charged for the public health insurance option may not vary except as provided under section 2701. ``(2) Health care provider payment rates for items and services.-- ``(A) In general.-- ``(i) Rates negotiated by the secretary.-- Not later than January 1, 2018, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2019. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(B) Licensure or certification.--The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. (b) Conforming Amendments.-- (1) Treatment as a qualified health plan.--Section 1301(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)(2)) is amended-- (A) in the paragraph heading, by inserting ``, the public health insurance option,'' before ``and''; and (B) by inserting ``the public health insurance option under section 2795 of the Public Health Service Act,'' before ``and a multi-State plan''. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 2795 of the Public Health Service Act,'' before ``or a multi-State qualified health plan''.

Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to offer, throughout the United States, a public health insurance option that provides value, choice, competition, and the stability of affordable, high-quality coverage. Plans under the public health insurance option must be qualified health plans and must include plans with bronze, silver, and gold tier benefits. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must establish an office of the ombudsman for the public health insurance option. States may establish advisory councils to provide recommendations to HHS on the operations and policies of the public health insurance option. HHS must collect data to establish rates for premiums and health care provider reimbursement and for other purposes. Premium rates for public health insurance option plans must: (1) fully finance administrative costs and provided health benefits, and (2) include a contingency margin. HHS must negotiate rates for health care providers and prescription drugs under the public health insurance option. If HHS is unable to reach a negotiated agreement on rates, HHS must use Medicare rates. States may not tax federal receipts or disbursements attributable to the operation of the public health insurance option. HHS must establish conditions for participation by health care providers in the public health insurance option. A provider participating in Medicare or Medicaid is a participant in the public health insurance option unless the provider opts out.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Emissions Control Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) mercury pollution is a serious hazard to human health and the environment in the United States; (2) more than 45 percent of the industrial mercury emissions of the United States come from coal-fired power plants; (3) of the mercury deposited in the United States, 60 percent comes from United States sources; (4) human exposure to methylmercury, the most toxic form of mercury, comes almost exclusively from consuming fish and shellfish; (5) mercury released into the atmosphere is deposited into waterways, where the mercury collects in the tissue of fish as methylmercury at concentrations of up to 10,000,000 times that of the mercury concentration in the surrounding water; (6) each year, approximately 630,000 children are born having been exposed to dangerous levels of methylmercury in the womb, placing the children at risk of neurological problems, including poor performance on neurobehavioral tests, especially on tests of-- (A) fine motor function; (B) attention; (C) language; (D) visual-spatial abilities; and (E) memory; (7) exposure of humans and animals of all ages to methylmercury adversely impacts the cardiovascular system, blood pressure regulation, and heart-rate variability, and contributes to heart disease; (8) the monetary benefit of reducing those health outcomes is estimated to be in the billions of dollars; (9) reducing coal-fired power plant mercury emissions by 90 percent is-- (A) feasible by calendar year 2010 using current methods, such as activated carbon injection technology and fabric filters; and (B) projected to result in annual financial benefits of up to $5,200,000,000; (10) the addition of a scrubber can reduce mercury emissions by up to 98 percent from a bituminous coal-fired power plant; (11) activated carbon injection technology has been successfully used to control mercury emissions from municipal waste incinerators, leading to reductions from 45.2 tons in 1990 to 2.2 tons in 2000; (12) the capital cost of activated carbon injection equipment is minimal, at less than $3 per kilowatt; (13) the final rules of the Environmental Protection Agency entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (70 Fed. Reg. 15994 (March 29, 2005)) and ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units'' (70 Fed. Reg 28606) (May 18, 2005)) (commonly known as the ``Clean Air Mercury Rule''), which were vacated by the United States Court of Appeals for the District of Columbia Circuit, would have reduced mercury emissions by only 50 percent by 2020; (14) in enacting Public Law 101-549 (commonly known as the ``Clean Air Act Amendments of 1990'') (42 U.S.C. 7401 et seq.), Congress included a list of 188 hazardous air pollutants, including mercury, to be regulated under section 112 of the Clean Air Act (42 U.S.C. 7412); and (15) section 112 of that Act requires regulation of hazardous air pollutants using maximum achievable control technology. (b) Purposes.--The purposes of this Act are-- (1) to require the Administrator of the Environmental Protection Agency to promulgate regulations to control hazardous air pollutant emissions from electric utility steam generating units; and (2) to ensure that those regulations accurately reflect the availability of highly effective controls. SEC. 3. EMISSIONS FROM ELECTRIC UTILITY STEAM GENERATING UNITS. Section 112(n)(1) of the Clean Air Act (42 U.S.C. 7412(n)(1)) is amended by adding at the end the following: ``(D) Regulations.-- ``(i) Proposal.--Not later than 180 days after the date of enactment of the Mercury Emissions Control Act, but in no case later than October 1, 2008, the Administrator shall propose regulations under subsection (d) to control the emission from new and existing electric utility steam generating units of hazardous air pollutants, including mercury pollutants. ``(ii) Requirement.--The regulations adopted from the proposed regulations under clause (i) shall require a reduction in emissions of mercury from new and existing electric utility steam generating units of not less than 90 percent.''.

Mercury Emissions Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to propose regulations to: (1) control the emission of hazardous air pollutants, including mercury pollutants, from electric utility steam generating units; and (2) require a reduction of not less than 90% in such mercury emissions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservoir Operations Improvement Act''. SEC. 2. REVISION OF WATER MANUALS. (a) In General.--Not later than 18 months after the date on which the Secretary of the Army, acting through the Chief of Engineers, identifies all eligible projects under section 3(c), the Secretary shall revise the water manuals of not more than 15 such projects (including not fewer than 6 projects that are not wholly owned and operated by the Corps of Engineers, if a sufficient number of such projects are identified) in accordance with this section. (b) Data for Revisions.--A revision of a water manual under subsection (a) shall incorporate-- (1) a forecast-informed reservoir operations plan, in accordance with subsection (c); (2) new watershed data; and (3) as applicable, the effects of any structural improvement completed after the date of the most recent revision of the water manual. (c) Forecast-Informed Reservoir Operations Plan.--The Secretary, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, shall create a forecast-informed reservoir operations plan for each selected project and incorporate such a plan into the applicable revision of a water manual under subsection (a). A forecast-informed reservoir operations plan shall include each of the following components: (1) A consideration of the relationship between ocean and atmospheric conditions, including the El Nino and La Nina cycles, and the potential for above-normal, normal, or below- normal rainfall for the coming water year, including a consideration of atmospheric river forecasts. (2) The precipitation and runoff index specific to the basin and watershed in which the relevant project is located, including information regarding the hydrological and meteorological conditions, at each 10-digit hydrologic unit (as defined by the U.S. Geological Survey) within such watershed, that influence the timing and quantity of runoff. (3) Updated hydrologic forecasting for precipitation, snowpack, and soil moisture conditions. (4) An adjustment of flood control rule curves to optimize, as applicable, water supply storage and reliability, hydropower production, environmental benefits related to flows and temperature, or other authorized project benefits, without a reduction in flood safety. (5) Proactive management in response to changes in forecasts. (d) Consultation and Coordination Requirement.--In revising a water manual under subsection (a), the Secretary shall-- (1) consult with affected entities, including-- (A) non-Federal interests responsible for the operations and maintenance costs of the flood control project for which the water manual is to be revised; (B) water rights holders; (C) individuals or entities with a right to any portion of the water within the reservoir of such project; and (D) local agencies with flood control responsibilities downstream of such project; and (2) enter into a cooperative agreement, memorandum of understanding, or other agreement with each non-Federal interest for the project, describing the scope and goals of the revision and the coordination among the parties. (e) Report.--Not later than 180 days after the date on which the Secretary completes a revision of a water manual under subsection (a), the Secretary shall submit to Congress a report regarding the components of the forecast-informed reservoir operations plan incorporated into such revision. (f) Funding.--The Secretary may accept and expend amounts from non- Federal interests to fund all or a portion of the costs of carrying out a revision of a water manual under this section. SEC. 3. IDENTIFICATION OF ELIGIBLE PROJECTS. (a) Report on Flood Control Projects.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives a report that includes, with respect to any State that is a drought State during water year 2015 or 2016-- (1) a list of each flood control project located in such a State; (2) the year during which the original water manual for each such project was approved; (3) the year or years during which any revisions to the water manual of any such project occurred or are requested to occur; (4) a list of each such project for which operational deviations for drought contingency have been requested, and the status of such request; (5) a list of each such project for which permanent or seasonal changes to storage allocations have been requested, and the status of such request; and (6) a description of the means by which water conservation and water quality improvements were addressed in any response to a request under paragraph (4) or (5). (b) Incorporation of Prior Studies.--The Secretary shall incorporate into the report under subsection (a) any information or finding that is-- (1) included in or gathered for a report required by section 1046(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2319 note); and (2) relevant to the subject matter of the report under subsection (a) of this section. (c) Eligible Projects.--Not later than 60 days after the date on which the report under subsection (a) is submitted, the Secretary shall identify each flood control project-- (1) that is included in the report under subsection (a); (2) that includes a reservoir; and (3) for which a non-Federal interest has submitted to the Secretary a written request, pursuant to subsection (d), to revise the water manual for the project. (d) Written Request.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the manner in which a non-Federal interest for a flood control project may submit to the Secretary a written request under subsection (c)(3) to revise the water manual for the project. SEC. 4. EFFECTS. (a) Authorized Purposes of Projects.-- (1) No effect on existing purposes.--In accordance with all applicable laws, a revision of a water manual under section 2(a) may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project. (2) New purposes not authorized.--Nothing in this Act authorizes the Secretary to carry out, with respect to any flood control project, any activity for a purpose not authorized on the day before the date of enactment of this Act. (b) State Law.--Nothing in this Act-- (1) affects or modifies any obligation of the Secretary under State law; or (2) authorizes the diversion or use of water in a manner that is inconsistent with State water rights law. (c) Federal Law.--Nothing in this Act preempts or waives any provision of Federal law concerning the procedures that apply to a revision of a water manual. SEC. 5. DEFINITIONS. In this Act: (1) Drought state.--The term ``drought State'' means a State-- (A) for which the Governor has declared a drought; or (B) that contains at least one county for which the Secretary of Agriculture has designated a drought disaster. (2) Flood control project.--The term ``flood control project'' means a project operated, wholly or in part, for flood control, in accordance with rules prescribed by the Secretary pursuant to section 7 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 709). (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (4) Water manual.--The term ``water manual'' means, with respect to a flood control project, the water operations manual, the flood control rule curves, and the water control manual, as applicable.

Reservoir Operations Improvement Act This bill directs the U.S. Army Corps of Engineers to submit a report with respect to each drought state (a state for which the governor has declared a drought or that contains at least one county for which the Department of Agriculture has designated a drought disaster) during water year 2015 or 2016 that includes: a list of flood control projects in such state; the year during which the original water manual (water operations manuals, flood control rule curves, and water control manuals) for each project was approved; the years during which any revisions to a project's water manual occurred or are requested to occur; a list of projects for which operational deviations for drought contingency, and changes to storage allocations, have been requested and the status of such requests; and a description of the means by which water conservation and water quality improvements were addressed in any response to such requests. The Corps of Engineers shall: (1) identify each project included in the report that includes a reservoir and for which a non-federal interest has submitted a written request to revise the project's water manual; (2) revise the water manuals of not more than 15 of such projects; and (3) in collaboration with the National Oceanic and Atmospheric Administration, create a forecast-informed reservoir operations plan for each selected project. The water manual revision shall incorporate such plan, new watershed data, and the effects of any structural improvement completed after the date of the most recent prior revision of the water manual. A revision of a water manual may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Small Business Act of 2008''. SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to exclusion) is amended to read as follows: ``(a) Exclusion.--Gross income shall not include any gain from the sale or exchange of qualified small business stock held for more than 3 years.''. (2) Rule relating to stock held among members of controlled group.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of 25-percent controlled group not eligible.-- ``(A) In general.--Stock of a member of a 25- percent controlled group shall not be treated as qualified small business stock while held by another member of such group. ``(B) 25-percent controlled group.--For purposes of subparagraph (A), the term `25-percent controlled group' means any controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 25 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) section 1563(a)(4) shall not apply.''. (3) Conforming amendments.-- (A) Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (B) Section 1223(13) of such Code is amended by striking ``1202(a)(2)''. (C) The heading for section 1202 of such Code is amended by striking ``partial''. (D) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Exclusion for gain from certain small business stock.''. (b) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (c) Repeal of 28 Percent Capital Gains Rate on Qualified Small Business Stock.-- (1) In general.--Subparagraph (A) of section 1(h)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) collectibles gain, over''. (2) Conforming amendments.-- (A) Section 1(h) of such Code is amended by striking paragraph (7). (B)(i) Section 1(h) of such Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such Code are each amended by striking ``section 1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''. (iii) The following sections of such Code are each amended by striking ``section 1(h)(11)'' and inserting ``section 1(h)(10)'': (I) Section 301(f)(4). (II) Section 306(a)(1)(D). (III) Section 584(c). (IV) Section702(a)(5). (V) Section 854(a). (VI) Section 854(b)(2). (iv) The heading of section 857(c)(2) is amended by striking ``1(h)(11)'' and inserting ``1(h)(10)''. (d) Increase Aggregate Asset Limitation for Qualified Small Businesses.-- (1) In general.--Paragraph (1) of section 1202(d) of the Internal Revenue Code of 1986 (relating to qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, each of the $100,000,000 dollar amounts in 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 2008' 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 $100.''. (e) Effective Date.-- (1) In general.--The amendments made by this section apply to stock issued after December 31, 2008. (2) Special rule for stock issued before january 1, 2009.-- The amendments made by subsections (a), (b), and (c) shall apply to sales or exchanges-- (A) made after December 31, 2008, (B) of stock issued on or before such date, and (C) by a taxpayer other than a corporation.

Invest in Small Business Act of 2008 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of the gain from the sale or exchange of qualified small business stock from 50 to 100% of such gain and reduce the holding period for such stock from five to three years; (2) disqualify stock held by members of a 25% controlled group of corporations for such tax exclusion; (3) repeal gain from the sale or exchange of qualified small business stock as an item of tax preference for purposes of the alternative minimum tax; (4) repeal the maximum 28% tax rate on gain from the sale or exchange of qualified small business stock; and (5) increase to $100 million (adjusted for inflation after 2009) the aggregate asset limitation for determining eligibility of the stock of corporations for qualified small business stock tax treatment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Home Design Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Accessible.--The term ``accessible'' (except when used in the context of accessible format) means-- (A) consistent with-- (i) subpart D of part 36 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) appendices B and D to part 1191 of title 36, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (B) independently usable by individuals with disabilities, including those who use a mobility device such as a wheelchair. (2) Access board.--The term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (3) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C)(i) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by a person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; (ii) is purchased by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; or (iii) is offered for purchase by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; and (D) is made available for first occupancy after the expiration of the 30-month period beginning on the date of the enactment of this Act. (4) Department.--The term ``Department'' means the Department of Housing and Urban Development. (5) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any Federal Home Loan Bank, the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, insurance, guarantee, contract, or any other arrangement, after the expiration of the 1-year period beginning on the date of the enactment of this Act, including-- (i) a grant, subsidy, or any other funds; (ii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iii) any tax credit, mortgage or loan guarantee, or insurance; and (iv) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (6) Individual with a disability.--The term ``individual with a disability'' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (7) Individuals with disabilities.--The term ``individuals with disabilities'' means more than 1 individual with a disability. (8) Person or entity.--The term ``person or entity'' includes 1 or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (10) Universal home design.--The term ``universal home design'' means the inclusion of architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Access Board, in consultation with the Secretary, shall develop and issue guidelines setting forth the minimum technical criteria and scoping requirements for a covered dwelling unit to be in compliance with universal home design under this Act. (b) Universal Home Design Features Covered.--The guidelines required to be developed and issued under subsection (a) shall include, at a minimum, basic access to a covered dwelling unit and to not less than 1 level within such covered dwelling unit, including-- (1) an accessible entrance located on an accessible path from the public street or driveway; (2) accessible interior doors with sufficient clear width and accessible thresholds; (3) accessible environmental controls on the wall; (4) at least 1 accessible indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than 7 feet; (5) an accessible bathroom with-- (A) an accessible sink and toilet; and (B) reinforced walls that permit the installation of grab bars; and (6) a kitchen space-- (A) with accessible food preparation, washing, and storage areas; and (B) that can easily be further adapted to accommodate an individual with a disability. (c) Regulations.--Not later than 6 months after the date on which the guidelines are issued under subsection (a), the Secretary shall issue regulations, in an accessible format-- (1) to carry out the provisions of this Act; and (2) that include accessibility standards that are consistent with the guidelines issued under subsection (a). (d) Review and Amendment.-- (1) Access board.--The Access Board, in consultation with the Secretary, shall-- (A) periodically review and, as appropriate, amend the guidelines issued under subsection (a); and (B) issue such amended guidelines as revised guidelines. (2) Secretary.--Not later than 6 months after the date on which revised guidelines are issued under paragraph (1)(B), the Secretary shall issue revised regulations that are consistent with such revised guidelines. SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW CONSTRUCTION. It shall be unlawful for any person described in clauses (i), (ii), and (iii) of section 2(3)(C), with respect to a covered dwelling unit, to fail to ensure that the covered dwelling unit complies with the universal home design guidelines established under section 3. SEC. 5. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance that is to be used for a covered dwelling unit shall submit to the agency providing such Federal financial assistance an assurance, at such time and in such manner as the head of the agency may require, verifying that the applicant is in compliance with the universal home design guidelines established under section 3 with respect to the covered dwelling unit. (b) Civil Action for Private Persons.--Any person aggrieved by an act or omission that is unlawful under section 3 or 4 may commence a civil action in an appropriate United States district court against any person or entity responsible for any part of the design, construction, or sale of a covered dwelling unit. (c) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated section 3 or 4, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (b) by a private person if the Attorney General certifies that the case is of general public importance. (d) Relief.--In any civil action brought under subsection (b) or (c), if the court finds that a violation of section 3 or 4 of this Act has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating section 3 or 4 of this Act or ordering such affirmative action as may be appropriate). (e) Attorney's Fees.--In any civil action brought under subsection (b) or (c), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the universal home design guidelines established under section 3 shall not be considered to terminate until the violation is corrected. SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish in the Department an Office of Accessible Housing and Development. (b) Director.--The Office of Accessible Housing and Development shall be headed by a Director of Accessible Housing and Development, who shall be-- (1) appointed by the Secretary; (2) an individual with substantial knowledge of individuals with disabilities and universal design; and (3) responsible for implementing the responsibilities described in subsection (c). (c) Responsibilities.-- (1) Information dissemination.--The Office of Accessible Housing and Development shall disseminate information to inform the public about the importance of universal home design by-- (A) sharing information and resources about the requirements under this Act, the Fair Housing Act (42 U.S.C. 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); and (B) creating a website in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) to facilitate the dissemination of information and resources under subparagraph (A). (2) Surveying the availability of affordable and accessible housing.--Not later than 180 days after the date of enactment of this Act, the Office of Accessible Housing and Development shall conduct a study and submit to the Secretary a report on the number of covered dwelling units and other housing units that are accessible to individuals with disabilities in each State, disaggregated by type of housing, cost, and location. (3) Promoting universal home design.--The Office of Accessible Housing and Development shall-- (A) help monitor progress and compliance with the universal home design guidelines established under section 3; (B) submit to the Secretary an annual report detailing compliance with the universal home design guidelines established under section 3, including the number of covered dwelling units that were built in each State that were in compliance with such guidelines; (C) coordinate with, and provide technical assistance to, the Department of Justice to assist in the enforcement of this Act; and (D) perform any other duties as the Secretary may determine appropriate. SEC. 7. SEVERABILITY. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Universal Home Design Act of 2014 - Requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines setting forth the minimum technical criteria and scoping requirements for certain federally assisted single family houses, townhouses, and other specified kinds of dwelling to comply with universal home design. Requires universal home design to include architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. Requires each applicant for such federal financial assistance to submit compliance assurances to the relevant federal agency. Permits: (1) private civil actions in a U.S. district court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under it. Directs the Secretary of Housing and Urban Development (HUD) to establish an Office of Accessible Housing and Development to: (1) disseminate information to the public about the importance of universal home design, including through a website; (2) survey and report to the Secretary on the availability of affordable and accessible housing; and (3) promote universal home design.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Rights Protection Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means, as applicable-- (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right.--The term ``water right'' means any surface water, groundwater, or water storage right filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires the right to put the water to beneficial use, including water rights for federally recognized Indian tribes. SEC. 3. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly to the United States, or on any impairment of title, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 4. POLICY DEVELOPMENT. In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary-- (1) shall-- (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not-- (A) adversely affect-- (i) the authority of a State in-- (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term ``beneficial use'', ``priority of water rights'', or ``terms of use''; or (iii) any other right or obligation of a State established under State law; or (B) assert any connection between surface and groundwater that is inconsistent with such a connection recognized by State water laws. SEC. 5. EFFECT. (a) Existing Authority.--Except as provided in section 3, nothing in this Act limits or expands any existing legally recognized authority of the Secretary to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal land that is subject to the jurisdiction of the Secretary. (b) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (c) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Federal Reserved Water Rights.--Nothing in this Act limits or expands any existing reserved water rights of the Federal Government on land administered by the Secretary. (e) Federal Power Act.--Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811). (f) Indian Water Rights.--Nothing in this Act limits or expands any existing reserved water right or treaty right of any federally recognized Indian tribe. (g) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.

Water Rights Protection Act of 2017 This bill prohibits the Departments of the Interior and Agriculture from: conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments: (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare+Choice Program Improvement Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in national per capita Medicare+Choice growth percentage in 2001 and 2002. Sec. 3. Increasing minimum payment amount. Sec. 4. Allowing movement to 50:50 percent blend in 2002. Sec. 5. Increased update for payment areas with only one or no Medicare+Choice contracts. Sec. 6. Permitting higher negotiated rates in certain Medicare+Choice payment areas below national average. Sec. 7. 10-year phase-in of risk adjustment based on data from all settings. Sec. 8. Delay from July to November 2000 in deadline for offering and withdrawing Medicare+Choice plans for 2001. SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH PERCENTAGE IN 2001 AND 2002. Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 23(c)(6)(B)) is amended-- (1) in clause (iii), by adding ``and'' at the end; (2) by striking clauses (iv) and (v); (3) by redesignating clause (vi) as clause (iv); and (4) in clause (iv), as so redesignated, by striking ``after 2002'' and inserting ``after 2000''. SEC. 3. INCREASING MINIMUM PAYMENT AMOUNT. (a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended-- (1) by striking ``(ii) For a succeeding year'' and inserting ``(ii)(I) Subject to subclause (II), for a succeeding year''; and (2) by adding at the end the following new subclause: ``(II) For 2002 for any of the 50 States and the District of Columbia, $500.''. (b) Effective Date.--The amendments made by subsection (a) apply to years beginning with 2002. SEC. 4. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002. Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w- 23(c)(2)) is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (2) by adding at the end the following flush matter: ``except that a Medicare+Choice organization may elect to apply subparagraph (F) (rather than subparagraph (E)) for 2002.''. SEC. 5. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO MEDICARE+CHOICE CONTRACTS. (a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking ``(ii) For a subsequent year'' and inserting ``(ii)(I) Subject to subclause (II), for a subsequent year''; and (2) by adding at the end the following new subclause: ``(II) During 2002, 2003, 2004, and 2005, in the case of a Medicare+Choice payment area in which there is no more than one contract entered into under this part as of July 1 before the beginning of the year, 102.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. (b) Construction.--The amendments made by subsection (a) do not affect the payment of a first time bonus under section 1853(i) of the Social Security Act (42 U.S.C. 1395w-23(i)). SEC. 6. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE PAYMENT AREAS BELOW NATIONAL AVERAGE. Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''; and (2) by adding at the end the following new subparagraph: ``(D) Permitting higher rates through negotiation.-- ``(i) In general.--For each year beginning with 2001, in the case of a Medicare+Choice payment area for which the Medicare+Choice capitation rate under this paragraph would otherwise be less than the United States per capita cost (USPCC), as calculated by the Secretary, a Medicare+Choice organization may negotiate with the Secretary an annual per capita rate that-- ``(I) reflects an annual rate of increase up to the rate of increase specified in clause (ii); ``(II) takes into account audited current data supplied by the organization on its adjusted community rate (as defined in section 1854(f)(3)); and ``(III) does not exceed the United States per capita cost, as projected by the Secretary for the year involved. ``(ii) Maximum rate described.--The rate of increase specified in this clause for a year is the rate of inflation in private health insurance for the year involved, as projected by the Secretary, and includes such adjustments as may be necessary-- ``(I) to reflect the demographic characteristics in the population under this title; and ``(II) to eliminate the costs of prescription drugs. ``(iii) Adjustments for over or under projections.--If this subparagraph is applied to an organization and payment area for a year, in applying this subparagraph for a subsequent year the provisions of paragraph (6)(C) shall apply in the same manner as such provisions apply under this paragraph. ``(iv) Deadline for completion of negotiations.--The Secretary shall complete negotiations with a Medicare+Choice organization under clause (i) for a year by not later than 90 days after the date the organization entered into negotiations with the Secretary.''. SEC. 7. 10-YEAR PHASE-IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL SETTINGS. Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking the period at the end of subclause (II) and inserting a semicolon; and (2) by adding at the end the following flush matter: ``and, beginning in 2004, insofar as such risk adjustment is based on data from all settings, the methodology shall be phased-in in equal increments over a 10-year period, beginning with 2004 or (if later) the first year in which such data is used.''. SEC. 8. DELAY FROM JULY TO NOVEMBER 2000 IN DEADLINE FOR OFFERING AND WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001. Notwithstanding any other provision of law, the deadline for a Medicare+Choice organization to withdraw the offering of a Medicare+Choice plan under part C of title XVIII of the Social Security Act (or otherwise to submit information required for the offering of such a plan) for 2001 is delayed from July 1, 2000, to November 1, 2000, and any such organization that provided notice of withdrawal of such a plan during 2000 before the date of enactment of this Act may rescind such withdrawal at any time before November 1, 2000.

Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Estate Tax Reform Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES. (a) In General.--Subsection (c) of section 2010 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount. ``(2) Applicable exclusion amount.--The applicable exclusion amount is equal to the sum of-- ``(A) the decedent's exclusion amount, plus ``(B) in the case of a decedent described in paragraph (4), the unused spousal exclusion amount. ``(3) Decedent's exclusion amount.--For purposes of paragraph (2)(A), the decedent's exclusion amount is determined in accordance with the following table: ``In the case of estates of decedents The decedent's dying, and gifts made, during: exclusion amount is: 2002............................... $1,000,000 2003............................... $1,125,000 2004............................... $1,250,000 2005............................... $1,500,000 2006 or thereafter................. $2,000,000. ``(4) Unused spousal exclusion amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2001, the unused spousal exclusion amount for such decedent is equal to the excess of-- ``(A) the applicable exclusion amount allowable under this subsection to the estate of such immediately predeceased spouse, over ``(B) the applicable exclusion amount allowed under this section to the estate of such immediately predeceased spouse.'' (b) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2001. SEC. 3. INCREASE IN QUALIFIED FAMILY-OWNED BUSINESS INTEREST DEDUCTION AMOUNT. (a) In General.--Paragraph (2) of section 2057(a) (relating to family-owned business interests) is amended to read as follows: ``(2) Maximum deduction.-- ``(A) In general.--The deduction allowed by this section shall not exceed the sum of-- ``(i) the decedent's deduction amount, plus ``(ii) in the case of a decedent described in subparagraph (C), the unused spousal deduction amount. ``(B) Decedent's deduction amount.--For purposes of this subparagraph (A)(i), the decedent's deduction amount is determined in accordance with the following table: ``In the case of estates of decedents The decedent's dying during: deduction amount is: 2002............................... $875,000 2003............................... $1,375,000 2004............................... $1,875,000 2005............................... $2,375,000 2006 or thereafter................. $3,375,000. ``(C) Unused spousal deduction amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2001, and the estate of such immediately predeceased spouse met the requirements of subsection (b)(1), the unused spousal deduction amount for such decedent is equal to the excess of-- ``(i) the decedent's deduction amount allowable under this section to the estate of such immediately predeceased spouse, over ``(ii) the decedent's deduction amount allowed under this section to the estate of such immediately predeceased spouse.'' (b) Conforming Amendments.--Section 2057(a)(3)(B) is amended-- (1) by striking ``$675,000'' both places it appears and inserting ``the decedent's deduction amount'', and (2) by striking ``$675,000'' in the heading and inserting ``decedent's deduction amount''. (c) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2001.

Estate Tax Reform Act of 2001 - Amends the Internal Revenue Code to: (1) provide for incremental increases in the unified credit against the estate and gift taxes (currently, $700,000 for 2002) going from $ 1million for 2002 to $ 2 million by 2006; and (2) increase incrementally the current maximum family-owned business deduction amount ($675,000) to new maximum amounts that will be equal to the sum of the decedent's deduction amount ($3.375 million by 2006) and the unused spousal deduction amount (defined).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Non-federal entity.--The term ``non-Federal entity'' means a State, Indian tribe, irrigation district, water district, or any other organization with water delivery authority. (2) Reclamation state.--The term ``Reclamation State'' means each of the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may, in accordance with the criteria published under subsection (b), provide grants to, and enter into cooperative agreements with non-Federal entities to pay the Federal share of the cost of a project to plan, design, construct, or otherwise implement improvements to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to Federal water projects within the Reclamation States. (b) Eligibility Criteria.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, consistent with this Act, publish in the Federal Register criteria developed by the Secretary for-- (A) determining the eligibility of a non-Federal entity for assistance under subsection (a); and (B) prioritizing requests for assistance under subsection (a). (2) Factors.--The criteria developed under paragraph (1) shall take into account such factors as-- (A) the extent to which a project under subsection (a) would reduce conflict over water; (B) the extent to which a project under subsection (a) would-- (i) increase water use efficiency; or (ii) enhance water management; (C) the extent to which unallocated water is available in the area in which a project under subsection (a) is proposed to be conducted; (D) the extent to which a project under subsection (a) involves water marketing; (E) the likelihood that the benefit of a project under subsection (a) would be attained; (F) whether the non-Federal entity has demonstrated the ability of the non-Federal entity to pay the non- Federal share; (G) the extent to which the assistance provided under subsection (a) is reasonable for the work proposed under the project; (H) the involvement of the non-Federal entity and stakeholders in a project under subsection (a); (I) whether a project under subsection (a) is related to a Bureau of Reclamation project or facility; and (J) the extent to which a project under subsection (a) would conserve water. (c) Federal Facilities.--If a grant or cooperative agreement under subsection (a) provides for improvements to a Federal facility-- (1) the Federal funds provided under the grant or cooperative agreement may be-- (A) provided on a nonreimbursable basis to an entity operating affected transferred works; or (B) determined to be nonreimbursable for non- transferred works; and (2) title to the improvements to the Federal facility shall be held by the United States. (d) Cost-Sharing Requirement.-- (1) Federal share.--The Federal share of the cost of carrying out a project assisted under subsection (a) shall be not more than 50 percent. (2) Non-federal share.--In calculating the non-Federal share of the cost of carrying out a project under subsection (a), the Secretary-- (A) may include any in-kind contributions that the Secretary determines would materially contribute to the completion of proposed project; and (B) shall exclude any funds received from other Federal agencies. (e) Operation and Maintenance Costs.--The non-Federal share of the cost of operating and maintaining improvements assisted under subsection (a) shall be 100 percent. (f) Mutual Benefit.--Grants or cooperative agreements made under this section or section 4 may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the cooperative agreement. (g) Liability.-- (1) In general.--Except as provided in paragraph (2), the United States shall not be liable under Federal or State law for monetary damages of any kind arising out of any act, omission, or occurrence relating to any non-Federal facility constructed or improved under this title. (2) Exception.--Notwithstanding paragraph (1), the United States may be held liable for damages to non-Federal facilities caused by acts of negligence committed by the United States or by an employee or agent of the United States. (3) No additional liability.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the ``Federal Torts Claim Act''). SEC. 4. RESEARCH AGREEMENTS. The Secretary may enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management under such terms and conditions as the Secretary determines to be appropriate. SEC. 5. EFFECT. Nothing in this title affects any existing project-specific funding authority. SEC. 6. EFFECT ON STATE WATER LAW. Nothing in this Act invalidates, preempts, or creates any exception to State water law, State water rights, or any interstate compact governing water. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2007 through 2016.

Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation, to provide grants to, and enter into cooperative agreements with, nonfederal entities with water delivery authority to pay the federal share of the cost of a project to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to federal water projects within reclamation states (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming). Directs the Secretary to publish assistance eligibility and priority criteria. Limits the federal cost share of the project to 50%. Sets the nonfederal cost share for project operation and maintenance at 100%. Authorizes the Secretary to enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Economic Stimulus Act of 2008''. SEC. 2. RETROACTIVE, 2-YEAR MORATORIUM ON INCLUSION OF UNEMPLOYMENT COMPENSATION IN GROSS INCOME. (a) In General.--Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection: ``(c) Moratorium.--This section shall not apply to any taxable year beginning in 2007 or 2008.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. TEMPORARY INCREASE IN CHILD CREDIT. (a) In General.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by inserting ``($1,200 in the case of the first taxable year beginning in 2008)'' after ``$1,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2007. SEC. 4. 2008 STIMULUS CREDIT. (a) In General.--Section 6428 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 6428. 2008 STIMULUS CREDIT. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2008 an amount equal to $400 ($800 in the case of a joint return). ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be zero if the modified adjusted gross income of the taxpayer exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $115,000 in the case of a joint return and head of household (as defined in section 2(b)), ``(B) $75,000 in the case of an individual who is not married, and ``(C) $57,500 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(c) Credit Treated as Nonrefundable Personal Credit.--For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1. ``(d) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien individual, and ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds of Credit Based on Prior Year Data.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2006 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if-- ``(A) this section (other than subsections (c) and (e) and this subsection) had applied to such taxable year, and ``(B) the credit for such taxable year were not allowed to exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits). ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before the date which is 120 days after the date of the enactment of this section. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (b) Conforming Amendment.--Paragraph (1) of section 1(i) of such Code is amended by striking subparagraph (D). (c) Clerical Amendment.--The item relating to section 6428 in the table of sections for subchapter B of chapter 65 of such Code is amended to read as follows: ``Sec. 6428. 2008 stimulus credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ALTERNATIVE EXTENDED-BENEFITS INDICATORS. (a) In General.--For purposes of determining whether there are State ``on'' or ``off'' indicators (within the meaning of section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) for any of the first 52 weeks beginning on or after the date of the enactment of this Act, such section 203(d) shall be applied by substituting ``4'' for ``5'' each place it appears. (b) Definitions.--For purposes of this section, the terms ``State'' and ``week'' have the respective meanings given such terms by section 205 of such Act. SEC. 6. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by inserting after paragraph (19) the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 2008 and thereafter, except that section 3304(a)(20) of the Internal Revenue Code of 1986, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 2009, if the legislature of such State does not meet in a regular session which closes during the calendar year 2008.

Family Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) exclude unemployment compensation from gross income in 2007 and 2008; (2) increase the child tax credit to $1,200 in 2008; (3) allow individual taxpayers a $400 tax rebate ($800 in the case of a joint return) in 2008; (4) extend unemployment insurance benefits; and (5) require states to distribute to unemployed individuals information about unemployment insurance eligibility conditions.

SECTION 1. RETIREMENT YEARS SAVINGS ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. RETIREMENT YEARS SAVINGS ACCOUNTS. ``(a) General Rule.--Except as provided in this section, a Retirement Years Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Retirement Years Savings Account.--For purposes of this title, the term `Retirement Years Savings Account' or `RYS Account' means an individual retirement plan which is designated at the time of the establishment of the plan as a Retirement Years Savings Account. Such designation shall be made in such manner as the Secretary may prescribe. ``(c) Contribution Rules.-- ``(1) Deduction allowed for years before individual attains age 40.--Section 219(g) shall not apply to any contribution to an RYS Account for any taxable year before the taxable year during which the individual attains age 40. ``(2) Denial of deduction for years after individual attains age 40.--No deduction shall be allowed under section 219 for a contribution to an RYS account for the taxable year in which the individual attains age 40 or any taxable year thereafter. ``(3) Increased spousal contribution.-- ``(A) In general.--In the case of an individual to whom this paragraph applies for the taxable year, in lieu of applying section 219(c), the limitation under section 219(b)(1)(B) shall be equal to the sum of-- ``(i) the compensation includible in such individual's gross income for the taxable year, plus ``(ii) the compensation includible in the gross income of such individual's spouse for the taxable year reduced by the amount of the limitation under section 219(b)(1) applicable to such spouse for such taxable year. ``(B) Individuals to whom paragraph applies.--This paragraph shall apply to any individual if-- ``(i) such individual files a joint return for the taxable year, and ``(ii) the amount of compensation (if any) includible in such individual's gross income for the taxable year is less than the compensation includible in the gross income of such individual's spouse for the taxable year. ``(4) Tax on excess contributions.--Section 4973 shall be applied separately with respect to individual retirement plans which are RYS Accounts and individual retirement plans which are not RYS Accounts; except that, for purposes of applying such section with respect to individual retirement plans which are RYS Accounts, the limitation under paragraph (3) shall be taken into account. ``(5) Limitations on rollover contributions.--No rollover contribution may be made to an RYS Account unless-- ``(A) such contribution is from another RYS Account, or ``(B) such contribution is from an individual retirement plan (other than an RYS Account) and is made before January 1, 1998. ``(d) Distribution Rules.--For purposes of this title-- ``(1) Exclusion from gross income; no penalty tax.--No portion of a qualified distribution from an RYS Account shall be includible in gross income. ``(2) Qualified distribution.--For purposes of this subsection, the term `qualified distribution' means any payment or distribution-- ``(A) made on or after the date on which the individual attains age 59\1/2\, ``(B) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, or ``(C) attributable to the individual's being disabled (within the meaning of section 72(m)(7)). ``(e) Other Definitions.--For purposes of this section-- ``(1) Rollover contributions.--The term `rollover contributions' means contributions described in sections 402(c), 403(a)(4), 403(b)(8), or 408(d)(3). ``(2) Compensation.--The term `compensation' has the meaning given such term by section 219(f).'' (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Retirement Years Savings Accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Amends the Internal Revenue Code to allow a deduction for contributions made by an individual who is younger than the age of 40 to an individual retirement plan designated as a Retirement Years Savings Account (RYS). Prohibits any rollover contribution to an RYS account unless: (1) such contribution is from another RYS account; or (2) such contribution is from another individual retirement plan (other than an RYS account) and is made before January 1998.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Differential Pay Protection Act''. SEC. 2. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS. (a) In General.--Section 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(i) Differential Wage Payments to Active Duty Members of the Uniformed Services.-- ``(1) In general.--For purposes of subsection (a), any differential wage payment shall be treated as a payment of wages by the employer to the employee. ``(2) Differential wage payment.--For purposes of paragraph (1), the term `differential wage payment' means any payment which-- ``(A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days, and ``(B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.'' (b) Effective Date.--The amendment made by this section shall apply to remuneration paid after December 31, 2004. SEC. 3. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR RETIREMENT PLAN PURPOSES. (a) Pension Plans.-- (1) In general.--Section 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans' reemployment rights under USERRA) is amended by adding at the end the following new paragraph: ``(11) Treatment of differential wage payments.-- ``(A) In general.--Except as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies-- ``(i) an individual receiving a differential wage payment shall be treated as an employee of the employer making the payment, ``(ii) the differential wage payment shall be treated as compensation, and ``(iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment. ``(B) Special rule for distributions.-- ``(i) In general.--Notwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(i)(2)(A). ``(ii) Limitation.--If an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5), of section 410(b) shall apply. ``(D) Differential wage payment.--For purposes of this paragraph, the term `differential wage payment' has the meaning given such term by section 3401(i)(2).'' (2) Conforming amendment.--The heading for section 414(u) of such Code is amended by inserting ``and to Differential Wage Payments to Members on Active Duty'' after ``USERRA''. (b) Differential Wage Payments Treated as Compensation for Individual Retirement Plans.--Section 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: ``The term `compensation' includes any differential wage payment (as defined in section 3401(i)(2)).'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2004. (d) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract amendment-- (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provided by the Secretary of the Treasury, such plan shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (2) Amendments to which section applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007. (B) Conditions.--This subsection shall not apply to any plan or annuity contract amendment unless-- (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.

Uniformed Services Differential Pay Protection Act - Amends the Internal Revenue Code to treat differential wage payments as a payment of wages by an employer to an employee for income tax purposes. Defines "differential wage payment" as any employer payment to an individual serving on active duty in the uniformed services for more than 30 days which represents wages such individual would have received if such individual were performing services for the employer. Treats an individual receiving differential wage payments as an employee and treats differential wage payments as compensation for retirement plan purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Fraud Prosecution Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) the special supplemental food program for women, infants, and children (WIC) established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) provides vital and nutritious foods to vulnerable Americans; (2) the improper diversion of WIC benefits by stores and other food vendors authorized to accept WIC food instruments harms the entire WIC program; and (3) severe penalties should be imposed on store owners and managers and WIC clinic employees engaged in trafficking in WIC food instruments. SEC. 3. DISQUALIFICATION AND CIVIL MONEY PENALTIES FOR WIC FOOD VENDORS; CRIMINAL PENALTIES. Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection: ``(q)(1) Except as provided in paragraph (2), any food vendor authorized to participate in the program authorized under subsection (c)(1) (referred to in this subsection as the `program') shall be permanently disqualified from further participation in the program, on a finding, made in accordance with regulations issued by the Secretary, that any owner, officer, supervisor, or manager of the vendor intentionally-- ``(A) trafficked in program food instruments or otherwise obtained program food instruments by buying the instruments at a discount in an unlawful manner; ``(B) obtained benefits purchased at a discount through the improper use of a program access device; or ``(C) sold or purchased firearms, ammunition, explosives, or controlled substances (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))) in exchange for, or with, program food instruments. ``(2) If the Secretary determines that disqualification of a food vendor would cause hardship to persons participating in the program, in lieu of disqualification under paragraph (1), the Secretary may impose on the vendor a civil money penalty of up to $20,000 for each violation described in paragraph (1). ``(3) Any owner, officer, supervisor, or manager of a program food vendor or any employee of a program clinic who intentionally traffics in program food instruments or otherwise obtains program food instruments by buying the instruments at a discount in a manner not permitted by law shall be guilty of a felony and shall be fined not more than $100,000 or imprisoned not more than 10 years, or both. ``(4)(A) At any time after imposing a money penalty under this subsection, the Secretary may request the Attorney General to institute a civil action to collect the penalty against a person subject to the penalty in a district court of the United States for any district in which the person is found, resides, or transacts business. ``(B) The court shall have jurisdiction to hear and decide the action. ``(C) In the action, the validity and amount of the penalty shall not be subject to review. ``(5)(A) The Secretary may impose a fine against any person not approved by the Secretary to accept program food instruments who violates this subsection or a regulation issued under this subsection, including a violation concerning the acceptance of program food instruments and including such violations by employees of program clinics. ``(B) The amount of the fine shall be established by the Secretary and may be assessed and collected in accordance with regulations issued under this subsection separately or in combination with any fiscal claim established by the Secretary. ``(C) The Attorney General may institute judicial action in any court of competent jurisdiction against the person to collect the fine. ``(6) Whoever presents, or causes to be presented, a program food instrument, or who uses a program access device, knowing that the instrument or device to have been received, transferred, or used in violation of this subsection or the regulations issued under this subsection shall be guilty of a felony and-- ``(A) on the first conviction of the felony, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both; and ``(B) on the second and any subsequent conviction of the felony, shall be imprisoned for not less than 1 year and not more than 5 years and may also be fined not more than $30,000. ``(7) In addition to other penalties imposed under this subsection, any person convicted of a violation of this subsection may be suspended by a court from participation in the program for a period of up to 2 years. ``(8)(A) The Secretary may subject to forfeiture and denial of property rights any nonfood item, money, negotiable instrument, security, vendor property (including a building), or other item of value that is furnished or intended to be furnished by any person in exchange for a program food instrument or program access device, or anything of value obtained by use of an access device or program food instruments, or which item or property is used in facilitating such trafficking, in any manner that violates this subsection or a regulation issued under this subsection. ``(B) Any forfeiture and disposal of property forfeited under this subsection for a violation described in subparagraph (A) shall be conducted in accordance with procedures specified in regulations issued by the Secretary.''. SEC. 4. DETECTION OF TRAFFICKING IN WIC FOOD INSTRUMENTS OR ACCESS DEVICES. Section 17(f)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)) is amended-- (1) in subparagraph (C)-- (A) by striking ``and'' at the end of clause (xii); (B) by redesignating clause (xiii) as clause (xiv); and (C) by inserting after clause (xii) the following new clause: ``(xiii) a detailed plan for the detection and punishment of store owners or program food vendors for trafficking in food instruments or access devices used in connection with the program authorized subsection (c)(1), subject to subparagraph (F); and''; and (2) by adding at the end the following new subparagraph: ``(F)(i) The plan described in subparagraph (C)(xiii) shall target higher risk stores or vendors. ``(ii) The State agency shall set aside funds for carrying out subparagraph (C)(xiii). ``(iii) The State agency shall fully cooperate with the attorney general of a State, county attorneys, law enforcement officers, and Federal prosecutors or law enforcement personnel in any investigation of trafficking in food instruments or access devices used in connection with the program authorized under subsection (c)(1).''.

WIC Fraud Prosecution Act of 1994 - Amends the Child Nutrition Act of 1966 to set civil and criminal penalties with respect to trafficking in food instruments and other frauds in connection with the special supplement food program for women, infants, and children. Requires each State plan to include a detailed plan for the detection and punishment of store owners or food vendors for trafficking in food instruments or access devices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Excellence in Research and Development Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due to the end of the Cold War, the United States has not recently conducted underground nuclear testing at the Department of Energy facility known as the Nevada Test Site, Nevada, and the United States does not plan to conduct such testing in the foreseeable future. (2) Because the world political situation is ever-changing and dangerous, it is imperative that the United States remain strong militarily and continue to be a nuclear superpower. (3) It is imperative that portions of the Nevada Test Site be maintained in a full state of readiness to ensure the capability of the nuclear arsenal of the United States. (4) The Nevada Test Site is in a beneficial location for activities suitable for research and development of emerging technologies that will be important to the United States in the 21st century. (5) Technology development carried out at the Nevada Test Site should include both private-sector and military projects. (6) The Nevada Test Site can support the stewardship of the Nation's nuclear weapons stockpile, the nonproliferation of nuclear weapons, and the technological competitiveness of the United States by providing the environment for nuclear and non- nuclear test and demonstration experiments and projects for government, industry, and academia. (7) The Nevada Test Site can provide the infrastructure to support industrial and civilian tests of environmentally demanding projects and programs in addition to maintaining its readiness capability in support of the nuclear arsenal. (8) The Nevada Test Site can support the testing and demonstration of environmental clean-up technologies by government and industry. (9) The Nevada Test Site can support the testing of alternative and renewable energy sources for environmentally clean and economically competitive replacements for traditional fossil energy sources and uses in many parts of Nevada and in the United States as a whole. (10) The Nevada Test Site can provide support for disarmament activities such as the demonstration of rocket motor destruction technology and conventional munitions destruction technology. (11) The Nevada Test Site can support non-proliferation experiments in disablement, nuclear forensics, sensors, and verification and monitoring. (12) The Nevada Test Site can support treaty-compliant experiments for stockpile stewardship purposes. (13) The size and remoteness of the Nevada Test Site make the Nevada Test Site well-suited for a multitude of activities associated with the restructuring of the United States military. (14) The Nevada Test Site can also support non- proliferation, counter-proliferation, and counter-terrorism activities. SEC. 3. PURPOSES. It is the purpose of this Act-- (1) to ensure full operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site; (2) to ensure an appropriate level of funds for such readiness to be maintained; (3) to create a National Test and Demonstration Center of Excellence at the Nevada Test Site for the promotion of disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, counter- proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies; and (4) to ensure the availability of the Nevada Test Site, within appropriate restrictions, for use by private-sector industries seeking to make use of the inherent qualities that make the Nevada Test Site the greatest outdoor laboratory in the world. SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. (a) Authorization of Appropriations.-- (1) In general.--The amount referred to in paragraph (2) is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 and each fiscal year thereafter to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (2) Authorized amount.--The amount referred to in paragraph (1) is not less than the amount appropriated to the Secretary of Energy for fiscal year 1992 to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (b) Staffing Levels.--The Secretary of Energy shall maintain a staffing level at the Nevada Test Site that the Secretary considers sufficient to carry out activities under this Act in addition to any other activities conducted by the Department of Energy at the Nevada Test Site. (c) Infrastructure Assessments and Activities.--The Secretary of Energy, through the Nevada Test Site Operations Office, shall carry out any infrastructure assessments and activities necessary to accommodate new projects and initiatives at the Nevada Test Site. SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. (a) Establishment.--There is hereby established within the Department of Energy a National Test and Demonstration Center of Excellence (hereafter in this Act referred to as the ``Center''), to be located at the Nevada Test Site, Nevada. (b) Purpose.--It shall be the purpose of the Center to promote disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, counter-proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. (c) Activities Related to Alternative and Renewable Energy Sources.--The Center shall carry out the following testing and demonstration activities that are related to alternative and renewable energy sources: (1) The characterization of solar and geothermal resources at the Nevada Test Site. (2) The development of alternative and renewable energy sources, including, as a goal of the Center, the development and completion of two 100-megawatt solar power plants by the year 2000. (3) The conduct of a National Alternative-Fueled Vehicles Program, the objective of which shall be to demonstrate the regional use of natural gas, electricity, and hydrogen as vehicle fuels. (d) Activities Related to Disarmament and Demilitarization.--The Center shall carry out testing and demonstration activities that are related to changes occurring in United States military as a result of the end of the Cold War, including activities-- (1) that involve the demilitarization of large rocket motor and conventional ordnance; (2) that assist in disarmament and demilitarization, generally; and (3) that test and demonstrate the nonmilitary application of technologies and resources the military application of which has decreased or otherwise changed due to disarmament and demilitarization. (e) Activities Related to Nuclear Stockpile Stewardship.--The Center shall carry out testing and demonstration activities related to the stewardship of the nuclear stockpile of the United States. Such activities shall include-- (1) the conduct of experiments that assist in monitoring compliance with international agreements on the nonproliferation of nuclear weapons; (2) the provision of support to the Department of Energy nuclear weapons complex; (3) the conduct of programs for the Department of Energy and the Department of Defense to develop simulator technologies for nuclear weapons design and effects, including advanced hydrodynamic simulators, inertial confinement fusion test facilities, and nuclear weapons effects simulators; and (4) the conduct of the stockpile stewardship program established pursuant to section 3138 of the National Defense Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public Law 103-160). (f) Activities Related to Nonproliferation.--The Center shall carry out experiments related to the non-proliferation of nuclear weapons, including experiments with respect to disablement, nuclear forensics, sensors, and verification and monitoring. (g) Activities Related to Counter-Proliferation.--The Center shall carry out experiments related to the counter-proliferation of nuclear weapons. (h) Activities Related to Environmental Technologies.--The Center shall carry out testing and demonstration activities related to the development of environmental technologies, including-- (1) the demonstration of technologies concerning the remediation of toxic and hazardous chemicals; and (2) the conduct of training activities pertaining to emergency response to hazardous and toxic accidents and emergencies. (i) Other Activities.--The Center may carry out the testing and demonstration of any other technology which, in the determination of the Secretary of Energy, is appropriate for testing and demonstration at the Nevada Test Site. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Except as provided in section 4, there is authorized to be appropriated to the Secretary of Energy for fiscal year 1997 such sums as may be necessary to carry out this Act.

National Center for Excellence in Research and Development Act of 1996 - Authorizes appropriations to the Secretary of Energy for FY 1995 and beyond to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. Establishes within the Department of Energy a national Test and Demonstration Center of Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to: (1) certain alternative and renewable energy sources, including solar and geothermal energy, as well as natural gas, electricity, and hydrogen as components of a National Alternative-Fueled Vehicles Program; (2) certain changes in the U.S. military as a result of the end of the Cold War, including demilitarization and disarmament activities and the nonmilitary application of military technologies and resources; (3) stewardship of the Federal nuclear stockpile; (4) non-proliferation and counter-proliferation of nuclear weapons; and (5) development of certain environmental technologies, including technologies for remediation of toxic and hazardous chemicals, and activities pertaining to emergency response to hazardous and toxic accidents.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Protection and Hazardous Fuels Reduction Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS Sec. 101. Identification of wildland/urban interface areas. Sec. 102. Contracting to reduce hazardous fuels and undertake forest management projects in wildland/urban interface areas. Sec. 103. Monitoring requirements. Sec. 104. Reporting requirements. Sec. 105. Termination of authority. TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS Sec. 201. Removal of excess levels of grasses and forbs. TITLE III--MISCELLANEOUS PROVISIONS Sec. 301. Regulations. Sec. 302. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Management of Federal lands has been characterized by large cyclical variations in fire suppression policies, timber harvesting levels, and the attention paid to commodity and noncommodity values. (2) Forests on Federal lands are experiencing significant disease epidemics and insect infestations. (3) The combination of inconsistent management and natural effects has resulted in a hazardous fuels buildup on Federal lands that threatens catastrophic wildfire. (4) While the long-term effect of catastrophic wildfire on forests and forest systems is a matter of debate, there should be no question that catastrophic wildfire must be prevented in areas of the Federal lands where wildlands abut, or are located in close proximity to, communities, residences, and other private and public facilities on non-Federal lands. (5) Wildfire resulting from hazardous fuels buildup in such wildland/urban interface areas threatens the destruction of communities, puts human life and property at risk, threatens community water supplies with erosion that follows wildfire, destroys wildlife habitat, and damages ambient air quality. (6) The Secretary of Agriculture and the Secretary of the Interior must assign a high priority and undertake aggressive management to achieve the elimination of hazardous fuel buildup and reduction of the risk of wildfire to the wildland/urban interface areas on Federal lands. Protection of human life and property, including water supplies and ambient air quality, must be given the highest priority. (7) The noncommodity resources, including riparian zones and wildlife habitats, in wildland/urban interface areas on Federal lands which must be protected to provide recreational opportunities, clean water, and other amenities to neighboring communities and the public suffer from a backlog of unfunded forest management projects designed to provide such protection. (8) In a period of fiscal austerity characterized by shrinking budgets and personnel levels, Congress must provide the Secretary of Agriculture and the Secretary of the Interior with innovative tools to accomplish the required reduction in hazardous fuels buildup and undertake other forest management projects in the wildland/urban interface areas on the Federal lands at least cost. (b) Purpose.--The purpose of this Act is to provide new authority and innovative tools to the Secretary of Agriculture and the Secretary of the Interior to safeguard communities, lives, and property by reducing or eliminating the threat of catastrophic wildfire, and to undertake needed forest management projects, in wildland/urban interface areas on Federal lands. SEC. 3. DEFINITIONS. As used in this Act: (1) Federal lands.--The term ``Federal lands'' means-- (A) federally managed lands administered by the Bureau of Land Management under the Secretary of the Interior; and (B) federally managed lands administered by the Secretary of Agriculture. (2) Forest management project.--The term ``forest management project'' means a project, including riparian zone enhancement, habitat improvement, forage removal by livestock grazing or mechanical means, and soil stabilization or other water quality improvement project, designed to protect one or more noncommodity resources on or in close proximity to Federal lands. (3) Land management plan.--The term ``land management plan'' means the following: (A) With respect to Federal lands described in paragraph (1)(A), a land use plan prepared by the Bureau of Land Management pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), or other multiple-use plan currently in effect. (B) With respect to Federal lands described in paragraph (1)(B), a land and resource management plan (or if no final plan is in effect, a draft land and resource management plan) prepared by the Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) with respect to the Federal lands described in paragraph (1)(A), the Secretary of the Interior; and (B) with respect to the Federal lands described in paragraph (1)(B), the Secretary of Agriculture. (5) Wildland/urban interface area.--The term ``wildland/ urban interface area'' means an area of Federal land in close proximity to communities and human habitations, such as homes, cabins, and other property. (6) Congressional committees.--The term ``congressional committees'' means the Committee on Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (7) Hazardous fuels buildup.--The term ``hazardous fuels buildup'' means an accumulation of forage, woody debris, and predominantly dead and dying timber that has the likelihood of igniting. TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS SEC. 101. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS. (a) Annual Identification.--On or before September 30 of each year, each District Manager of the Bureau of Land Management and each Forest Supervisor of the Forest Service shall identify those areas on Federal lands within the jurisdiction of the District Manager or Forest Supervisor that the District Manager or Forest Supervisor determines-- (1) meet the definition of wildland/urban interface areas; and (2) have hazardous fuels buildups and other forest management needs that warrant the use of forest management projects as provided in section 102. (b) Treatment of Identification Process.--The identification of wildland/urban interface areas under subsection (a) that have hazardous fuels buildups and other forest management needs that warrant the use of forest management projects as provided in section 102 shall not be considered to be agency action for purposes of paragraph (2)(A) or (2)(E) of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). SEC. 102. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS. (a) Contracting Authority.-- (1) In general.--The Secretary concerned is authorized to enter into contracts under this section for the sale of forest products in a wildland/urban interface area identified under section 101 for the purpose of reducing hazardous fuels buildups in the area. (2) Inclusion of forest management projects.--Subject to paragraph (3), the Secretary concerned may require, as a condition of any sale of forest products referred to in paragraph (1), that the purchaser of such products undertake one or more forest management projects in the wildland/urban interface area. (3) Conditions on inclusion.--The Secretary concerned may include a forest management project as a condition in a contract for the sale of forest products referred to in paragraph (1) only when the Secretary determines that-- (A) the forest management project is consistent with the applicable land management plan; and (B) the objectives of the forest management project can be accomplished most cost efficiently and effectively when the project is performed as part of the sale contract. (b) Financing and Supplemental Funding.-- (1) Forest management credits.--The financing of a forest management project required as a condition of a contract for a sale authorized by subsection (a) shall be accomplished through the inclusion in the contract of a provision for amortization of the cost of the forest management project through the issuance of forest management credits to the purchaser. Such forest management credits shall offset the cost of the required forest management project against the purchaser's payment for forest products. (2) Use of appropriated funds.--The Secretary concerned may use appropriated funds to assist the purchaser to undertake a forest management project required as a condition of a contract authorized by subsection (a) if such funds are provided from the resource function or functions that directly benefit from the performance of the project and are available from the annual appropriation for such function or functions during the fiscal year in which the sale is offered. The amount of assistance to be provided for each forest management project shall be included in the prospectus, and published in the advertisement, for the sale. (c) Determination of Forest Management Credits.--Prior to the advertisement of a sale authorized by subsection (a), the Secretary concerned shall determine the amount of forest management credits to be allocated to each forest management project to be required as a condition of the sale contract. A description of the forest management project, and the amount of the forest management credits allocated to the project, shall be included in the prospectus, and published in the advertisement, for the sale. (d) Transfer of Forest Management Credits.--The Secretary concerned may permit a purchaser that holds forest management credits earned by the purchaser as part of a sale authorized by subsection (a), but not used in connection with that sale, to transfer the forest management credits to another sale authorized by subsection (a) if-- (1) the subsequent sale is also purchased by that purchaser; and (2) the sale parcel is located on Federal lands under that Secretary's jurisdiction. (e) Treatment of Forest Management Credits as Moneys Received.-- (1) Bureau of land management lands.--In the case of Federal lands described in section 3(1)(A), all amounts earned by or allowed to any purchaser of a sale authorized by subsection (a) in the form of forest management credits shall be considered to be money received for purposes of title II of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the first section of the Act of May 24, 1939 (53 Stat. 753; 43 U.S.C. 1181f-1), or other applicable law concerning the distribution of receipts from the sale of forest products on such lands. (2) Forest system lands.--In the case of Federal lands described in section 3(1)(B), all amounts earned by or allowed to any purchaser of a sale authorized by subsection (a) in the form of forest management credits shall be considered to be money received for purposes of the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500). (f) Cost Considerations.--Because of the strong concern for the safety of human life and property and the protection of water quality, air quality, and wildlife habitat, a sale authorized by subsection (a) shall not be precluded because the costs of the sale may exceed the revenues derived from the sale, nor shall such sales be considered in any calculations concerning the revenue effects of the forest products sales program for the Federal lands or units of the Federal lands. (g) Other Requirements.--Nothing in this title shall be construed to require or authorize any alteration in the procedures or requirements for sales of forest products otherwise authorized by law, including the applicable provisions of the small business set-aside program. SEC. 103. MONITORING REQUIREMENTS. The Secretary concerned shall monitor the preparation and offering of contracts, and the performance of forest management projects, pursuant to section 102 to determine the effectiveness of such contracts and forest management projects in achieving the purpose of this Act. SEC. 104. REPORTING REQUIREMENTS. (a) Annual Report.--Not later than 90 days after the end of each full fiscal year in which contracts are entered into under section 102, the Secretary concerned shall submit to the congressional committees a report, which shall provide for the Federal lands within the jurisdiction of the Secretary concerned the following: (1) A list of the wildland/urban interface areas identified on or before September 30 of the previous fiscal year pursuant to section 101. (2) A summary of all contracts entered into, and all forest management projects performed, pursuant to section 102 during the preceding fiscal year; (3) A discussion of any delays in excess of three months encountered during the preceding fiscal year, and likely to occur in the fiscal year in which the report is submitted, in preparing and offering the sales, and in performing the forest management projects, pursuant to section 102. (4) The results of the monitoring required by section 103 of the contracts authorized, and the forest management projects performed, pursuant to section 102. (5) Any anticipated problems in the implementation of this title. (b) Four Year Report.--The fourth report prepared by the Secretary concerned under subsection (a) shall contain, in addition to the matters required by subsection (a), the following: (1) An assessment by the Secretary concerned regarding whether the contracting authority provided in section 102 should be reauthorized beyond the period specified in section 105(a). (2) If reauthorization is warranted, such recommendations as the Secretary concerned considers appropriate regarding changes in such authority to better achieve the purpose of this Act. SEC. 105. TERMINATION OF AUTHORITY. (a) Termination Date.--The authority of the Secretary concerned to offer sales of forest products pursuant to section 102, and to require the purchasers of such products to undertake forest management projects as a condition of such sales, shall terminate at the end of the five- fiscal year beginning on the first October 1st occurring after the date of the enactment of this Act. (b) Effect on Existing Sales.--Any contract for a sale of forest products pursuant to section 102 entered into before the end of the period specified in subsection (a), and still in effect at the end of such period, shall remain in effect after the end of such period pursuant to the terms of the contract. (c) Effect on Existing Forest Management Credits.--If any forest management credits from a sale of forest products pursuant to section 102 are not used before the end of the period specified in subsection (a), and no law providing authority to offer sales pursuant to section 102 after such period is enacted by Congress, such credits may be used after such period in any sale of forest products that is authorized by another law, is purchased by the purchaser of the sale in which the credits were earned, and is conducted by the Secretary concerned who had jurisdiction over the sale in which the credits were earned. TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS SEC. 201. REMOVAL OF EXCESS LEVELS OF GRASSES AND FORBS. (a) Contracting Authority.--Whenever a county commission or other unit of local government certifies to the Secretary concerned that there is a danger of fire in a wildland/urban interface area as a result of excessive levels of grasses and forbs on Federal lands in the area and requests the removal of the excessive grasses and forbs, the Secretary is authorized and encouraged to enter into contracts with livestock operators or other parties for the removal of the excessive grasses and forbs. (b) Removal Methods.--In the case of a contract under subsection (a) with a livestock operator, the operator shall use grazing to remove the excessive grasses and forbs. In the case of contracts with other persons, mechanical means, such as discing or mechanical mowing, shall be used. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall prescribe such regulations as are necessary and appropriate to implement this Act. SEC. 302. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of the first five fiscal years beginning after the date of the enactment of this Act such sums as may be necessary to carry out this Act.

TABLE OF CONTENTS: Title I: Management of Wildland-Urban Interface Areas Title II: Fire Danger Reduction By Removal of Grasses and Forbs Title III: Miscellaneous Provisions Community Protection and Hazardous Fuels Reduction Act of 1997 - Title I: Management of Wildland-Urban Interface Areas - Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (areas of Federal land in close proximity to communities and human habitations) with hazardous fuels buildups and other forest management needs. (Sec. 102) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits. Title II: Fire Danger Reduction by Removal of Grasses and Forbs - Authorizes the Secretary concerned, upon local certification of fire hazard due to excessive grasses and forbs in such areas, to enter into livestock grazing contracts for such vegetation's removal. Authorizes appropriations. Title III: Miscellaneous Provisions - Requires the Secretary concerned to issue implementing regulations within a specified time. Authorizes program appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Self-Defense Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following: (A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: ``[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.''. (B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities. (C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour. (2) Citizens frequently must use firearms to defend themselves, as evidenced by the following: (A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives. (B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse. (C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker. (3) Law-abiding citizens, seeking only to provide for their families' defense, are routinely prosecuted for brandishing or using a firearm in self-defense. For example: (A) In 2001, a grand jury had to rule on the case of 2 brothers that used firearms to protect their lives and their livelihood for their involvement in a fatal shooting in Reisterstown, Maryland. The grand jury decided not to press criminal charges. The brothers, at the time, had encountered several burglaries at their concrete business. The brothers spent the night in their warehouse armed with shotguns. One night at 1:00 in the morning the burglars returned and the brothers shot and killed 1 burglar and injured 2 of the others. The 2 injured men were charged with burglary and 2 others were charged with burglary in connection with burglaries that had occurred in a previous month at the brother's warehouse. Burglary is known to be a violent crime and the brothers were particularly worried when they realized a gun of theirs had been stolen in a previous break-in. (B) In 2008, a Waukegan, Illinois, store clerk shot and injured a robber. According to news reports, there was potential the clerk could face criminal charges, even though he acted in self-defense. The store clerk did not have a firearm owner's identification card and would be charged with a State firearms violation. Additionally, Illinois law does not allow employees to carry a gun in a place of business. Rather, the law only allows individuals to carry a gun in a place of business if that individual is the owner or has proprietary interest. (C) In September 2009, a Lithonia homeowner from Dekalb County, Georgia, was charged with aggravated assault after he shot someone who was trying to knock down the door of his home as an attempt to break into the residence. According to the neighbors, there had been trouble in the neighborhood before. A police spokesperson said the homeowner was charged because the robber was technically not inside the home. The suspected robber was charged with attempted burglary. (D) In January 2004, Wilmette, Illinois, police charged and convicted a homeowner with misdemeanors for owning 2 handguns and violating the village handgun ban ordinance. The homeowner was also faced with a potential $750 fine for failing to renew his Illinois firearm owner's identification card. These charges were brought after he shot a home intruder. The resident stated, ``My Plan A is to call 911 and keep the family upstairs . . . But my Plan B is to have a loaded firearm and put a bullet in the intruder.'' The intruder entered the house 2 times, once through a dog door and the second time with a stolen house key. The homeowner had just put his children to bed when his security system was set off. The homeowner went downstairs and confronted and shot the intruder. The intruder jumped through a window and stole the family's car to go to the hospital. The intruder was charged with 2 counts of residential burglary and 1 count of possession of a stolen vehicle. (4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them. SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT. (a) Reaffirmation of Right.--A person not prohibited from receiving a firearm by section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms-- (1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) in defense of the person's home in the course of the commission of a felony by another person. (b) Firearm Defined.--As used in subsection (a), the term ``firearm'' means-- (1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code); (2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or (3) a handgun (as defined in section 10 of Public Law 99- 408). (c) Enforcement of Right.-- (1) In general.--A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (3) Statute of limitations.--An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.

Citizens' Self-Defense Act of 2011 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury, (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family, and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any state, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.

SECTION 1. SHORT TITLE. This Act may be cited as ``Rosa's Law''. SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. (a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking ``mental retardation or''. (b) Individuals With Disabilities Education Act.-- (1) Section 601(c)(12)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1400(c)(12)(C)) is amended by striking ``having mental retardation'' and inserting ``having intellectual disabilities''. (2) Section 602 of such Act (20 U.S.C. 1401) is amended-- (A) in paragraph (3)(A)(i), by striking ``with mental retardation'' and inserting ``with intellectual disabilities''; and (B) in paragraph (30)(C), by striking ``of mental retardation'' and inserting ``of intellectual disabilities''. (c) Elementary and Secondary Education Act of 1965.--Section 7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,'' and inserting ``mild intellectual disabilities,''. (d) Rehabilitation Act of 1973.-- (1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended by striking ``mental retardation,'' and inserting ``intellectual disability,''. (2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C. 764(b)(2)(C)(vi)) is amended by striking ``mental retardation and other developmental disabilities'' and inserting ``intellectual disabilities and other developmental disabilities''. (3) Section 501(a) of such Act (29 U.S.C. 791(a)) is amended, in the third sentence, by striking ``President's Committees on Employment of People With Disabilities and on Mental Retardation'' and inserting ``President's Disability Employment Partnership Board and the President's Committee for People with Intellectual Disabilities''. (e) Health Research and Health Services Amendments of 1976.-- Section 1001 of the Health Research and Health Services Amendments of 1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963,''. (f) Public Health Service Act.-- (1) Section 317C(a)(4)(B)(i) of the Public Health Service Act (42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking ``mental retardation;'' and inserting ``intellectual disabilities;''. (2) Section 448 of such Act (42 U.S.C. 285g) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to read as follows: ``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. ``The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of intellectual disabilities.''. (4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is amended by striking ``matters relating to the mentally retarded'' and inserting ``matters relating to individuals with intellectual disabilities''. (5) Section 753(b)(2)(E) of such Act (42 U.S.C. 294c(b)(2)(E)) is amended by striking ``elderly mentally retarded individuals'' and inserting ``elderly individuals with intellectual disabilities''. (6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d- 52(f)(3)(E)) is amended by striking ``mental retardation/ developmental disorders,'' and inserting ``intellectual disabilities or developmental disorders,''. (g) Health Professions Education Partnerships Act of 1998.--Section 419(b)(1) of the Health Professions Education Partnerships Act of 1998 (42 U.S.C. 280f note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154 (42 U.S.C. 285g note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1 note) is amended by striking ``leading to mental retardation'' and inserting ``leading to intellectual disabilities''. (j) Genetic Information Nondiscrimination Act of 2008.--Section 2(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (k) References.--For purposes of each provision amended by this section-- (1) a reference to ``an intellectual disability'' shall mean a condition previously referred to as ``mental retardation'', or a variation of this term, and shall have the same meaning with respect to programs, or qualifications for programs, for individuals with such a condition; and (2) a reference to individuals with intellectual disabilities shall mean individuals who were previously referred to as individuals who are ``individuals with mental retardation'' or ``the mentally retarded'', or variations of those terms. SEC. 3. REGULATIONS. For purposes of regulations issued to carry out a provision amended by this Act-- (1) before the regulations are amended to carry out this Act-- (A) a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and (B) a reference in the regulations to the mentally retarded, or individuals who are mentally retarded, shall be considered to be a reference to individuals with intellectual disabilities; and (2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-- (A) that an intellectual disability was formerly termed mental retardation; and (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded. SEC. 4. RULE OF CONSTRUCTION. This Act shall be construed to make amendments to provisions of Federal law to substitute the term ``an intellectual disability'' for ``mental retardation'', and ``individuals with intellectual disabilities'' for ``the mentally retarded'' or ``individuals who are mentally retarded'', without any intent to-- (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Rosa's Law - Amends the Higher Education Act of 1965, the Individuals with Disabilities Education Act, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnerships Act of 1998, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act of 2008, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability. Declares that the changes by this Act are made without any intent to: (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel states to change terminology in state laws for individuals covered by a provision amended by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fracturing Regulations are Effective in State Hands Act''. SEC. 2. FINDINGS. Congress finds that-- (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled ``State Oil and Natural Gas Regulations Designed to Protect Water Resources'' and dated May 2009 finding that the ``current State regulation of oil and gas activities is environmentally proactive and preventive''; (3) that report also concluded that ``[a]ll oil and gas producing States have regulations which are designed to provide protection for water resources''; (4) a 2004 study by the Environmental Protection Agency, entitled ``Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs'', found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation; (5) a 2009 report by the Ground Water Protection Council, entitled ``State Oil and Natural Gas Regulations Designed to Protect Water Resources'', found a ``lack of evidence'' that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water; (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated ``The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing.''; (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was ``not aware of any proven case where the fracking process itself has affected water''; (8) in 2011, Bureau of Land Management Director Bob Abbey stated, ``We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology.''; (9)(A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of-- (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled ``Fact-Based Regulation for Environmental Protection in Shale Gas Development'', found that ``[n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations''. SEC. 3. DEFINITION OF FEDERAL LAND. In this Act, the term ``Federal land'' means-- (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. SEC. 4. STATE AUTHORITY. (a) In General.--A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal Land.--The underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any components of that process, relating to oil, gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement with regard to the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of such process, relating to oil, gas, or geothermal production activities on or under land within the boundaries of that state. Makes the underground injection of fluids or propping agents pursuant to such process, or any components of such process, relating to oil, gas, or geothermal production activities on federal land subject to the law of the state in which that land is located.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Fairness Act of 1999''. SEC. 2. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG PRODUCTS. (a) Patent Term Restoration.-- (1) In general.--Chapter 14 of title 35, United States Code, is amended by inserting after section 155A the following new section: ``Sec. 155B. Patent term restoration review procedure for certain drug products ``(a) Definitions.--For purposes of this section-- ``(1) the term `Commissioner' means the Commissioner of Patents and Trademarks; and (2) the term `drug product' has the meaning given such term under section 156(f)(2)(A). ``(b) Special Patent Term Review Procedure.-- ``(1) In general.--The term of any patent, in force on September 24, 1984, and on the date of the filing of an application under this section, that claims-- ``(A) a drug product, ``(B) a method of using a drug product, or ``(C) a method of manufacturing a drug product, shall be restored under paragraph (4) from the expiration date of the patent term determined under section 154 (including any extension granted under section 156) if the Commissioner determines that the standards under paragraph (2) have been met. ``(2) Standards.--Upon application, filed under paragraph (6), by the owner of record of a patent described in paragraph (1) or its agent and consideration of the application and all materials submitted by parties that would be aggrieved by grant of the restoration of the term of such patent, the term of such patent shall be restored if the Commissioner determines that-- ``(A) the period set forth in section 156(g)(1)(B)(ii) for the drug product exceeded 60 months; and ``(B) there is no substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence (as such term is defined in section 156(d)(3)) during the period referred to in section 156(g)(1)(B)(ii). If the Commissioner determines there is substantial evidence that the applicant for patent term restoration did not act with due diligence during a part of the period referred to in section 156(g)(1)(B)(ii) that part shall be deducted from the total amount of time in such period for purposes of paragraph (4). ``(3) Records.--The Commissioner may request and obtain relevant records from the Food and Drug Administration to verify the facts underlying the Commissioner's determinations under paragraph (2). Such records shall be afforded the same protections against public disclosure that apply to such records when in the possession of the Food and Drug Administration. ``(4) Restoration term.--If the Commissioner determines that the standards in paragraph (2) have been met for a patent, the term of such patent shall be restored for a restoration period equal to the period set forth in section 156(g)(1)(B)(ii) for the drug product that is the subject of an application under paragraph (6), except that-- ``(A) the restoration period shall be reduced by any deduction made pursuant to paragraph (2); ``(B) if the sum of-- ``(i) the remaining term of such patent after the date of the approval of the drug product covered by the patent under the provision of law under which the regulatory review occurred, and ``(ii) the restoration period as revised under subparagraph (A), exceeds 14 years, the restoration period shall be reduced so that the total of such periods does not exceed 14 years; and ``(C) the restoration period, after any adjustment required by subparagraph (A) or (B) plus any previous extension of the patent term under section 156(c), shall not exceed 5 years. ``(5) Infringement.--During the period of any restoration granted under this subsection, the rights derived from a patent the term of which is restored shall be determined in accordance with sections 156(b) and 271. ``(6) Procedure.-- ``(A) Time for filing.--An application under this section shall be filed with the Commissioner within 90 days after the date of the enactment of this section. ``(B) Filing and determination.--Upon the filing of an application to the Commissioner under this section-- ``(i) the Commissioner shall publish within 30 days of its filing a notice in the Federal Register of receipt of the application; ``(ii) any party who would be aggrieved by the granting of a patent term restoration under the application may submit comments on the application within the 30-day period beginning on the date of publication of the notice under clause (i); ``(iii) within 7 days following the expiration of the 30-day comment period, the Commissioner shall forward a copy of all comments received to the applicant who shall be entitled to submit a response to such comments to the Commissioner within 30 days after receipt of the comments from the Commissioner; ``(iv) within 30 days following the receipt of the applicant's response to comments or, if there are no such comments, within 30 days following expiration of the 30-day comment period, the Commissioner shall, in writing-- ``(I) determine whether to grant the patent term restoration for which the application was filed; and ``(II) make specific findings regarding the criteria set forth in paragraph (2); and ``(V) if the Commissioner grants such patent term restoration, on the same date that the Commissioner makes the determination under clause (iv) the Commissioner shall-- ``(I) issue to the applicant a certificate of patent term restoration, under seal, for the period prescribed under paragraph (4); and ``(II) record the certificate in the official file of the patent, which certificate shall be in effect from such date and shall be considered a part of the original patent. ``(C) Interim restoration.--If the term of a patent that is the subject of an application filed under this section would otherwise expire before a determination under subparagraph (B)(iv) is made, the Commissioner shall extend the term of such patent until-- ``(i) a determination is made under such subparagraph to restore the term of such patent, or ``(ii) 60 days after a determination is made under such subparagraph to not restore the patent term, as applicable. If the Commissioner determines not to restore the patent term, then during the 60-day period described in clause (ii), an applicant may apply to the United States Court of Appeals for the Federal Circuit for an order directing the Commissioner to extend the patent pending judicial review and subsequent Commissioner action following that review. ``(D) Record.--The Commissioner's determination under subparagraph (B)(iv) shall be based solely on the record developed under this subsection. ``(7) Application fee.--The applicant shall pay a fee for an application made under paragraph (6) which shall be established in accordance with the same criteria applicable to fees required under section 156(h). If no such fee has been established at the time of the application, the applicant may provide the Commissioner with an undertaking, satisfactory to the Commissioner, to pay the subsequently established fee.''. (2) Technical and conforming amendment.--The table of sections for chapter 14 of title 35, United States Code, is amended by inserting after the item relating to section 155A the following: ``155B. Patent term restoration review procedure for certain drug products.''. (b) Appeal of Determinations of the Commissioner.--Section 141 of the title 35, United States Code, is amended by adding at the end the following: ``The applicant under section 155B or any aggrieved party that made a submission commenting on an application made under such section may appeal the determination of the Commissioner with respect to the application involved under such section only to the United States Court of Appeals for the Federal Circuit.''. (c) Court Jurisdiction.--Section 1295(a)(4) of title 28, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' after the semicolon; (2) in subparagraph (C), by adding ``or'' after the semicolon; and (3) by inserting after subparagraph (C) the following: ``(D) the Commissioner of Patents and Trademarks under section 155B of title 35;''. (d) Compensation.-- (1) In general.--In the event a person has submitted an application described in section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for a drug product covered by a patent for which a patent term restoration was provided under section 155B of title 35, United States Code (as added by subsection (a)(1)) and such application has been found by the Food and Drug Administration on or before the date of the enactment of this section to be sufficiently complete to permit substantive review, such person shall be entitled to compensation of $1,000,000 by the patent owner. Any holder of a Type II Drug Master File that has permitted a reference to its Type II Drug Master File to be made in such application shall be entitled to compensation of $500,000 by the patent owner. (2) Limits on liability.--A patent owner shall not be required to make under paragraph (1) payments exceeding-- (A) $5,000,000 to persons submitting applications described in such paragraph, or (B) $2,500,000 to holders of Type II Drug Master Files. If the aggregate limits are insufficient to pay the applicants or holders the full amounts specified in paragraph (1), each such applicant or holder shall be paid its per capita share of the aggregate liability imposed by paragraph (1) upon the patent holder. (e) Effect of Filing of Abbreviated Applications.--The fact that one or more applications have been filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for approval of a drug or a method of using a drug which is claimed by a patent that is the subject of an application under section 155B of title 35, United States Code, for restoration of the patent term shall not affect the grant of such patent term restoration. (f) Report.--Not later than 1 year after the date of the enactment of this section, the Commissioner of Patents and Trademarks shall submit to Congress a report evaluating the patent term restoration review procedure established under section 155B of title 35, United States Code, and shall include in such report a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by such section. (g) Effective Date.--The owner of record of a patent referred to in section 155B(b)(1) of title 35, United States Code (as added by subsection (a)(1)) or an agent of the owner shall be immediately eligible on the date of the enactment of this section to submit an application to the Commissioner of Patents and Trademarks for a determination in accordance with section 155B(b)(6) of such title.

(Sec. 2) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; and (2) the absence of substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, after specified adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Provides for: (1) claim determination procedure; (2) interim restoration of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1)$1 million; or (2) $500,000 for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $5 million to persons submitting new drug applications; or (2) $2.5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Relief Volunteer Protection Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is in the national interest to encourage individuals to volunteer to assist victims of national disasters. (2) The exposure of potential volunteers, their employers, and those who would use volunteers' services under existing law to compensatory and punitive damages for negligent acts discourages the provision of these services. (3) The availability of damages in these circumstances for actions that constitute gross negligence creates uncertainty concerning the actual conduct that might cause liability to be imposed on volunteers. (4) Potential liability for acts of volunteers discourages the employers or business partners of potential volunteers from permitting those potential volunteers to provide disaster relief services. (5) Potential liability for acts of volunteers discourages entities that might use the services provided by volunteers in national disasters from doing so. (6) Well-founded fear of liability under existing law for providing goods discourages governmental and intergovernmental entities from providing needed disaster relief goods. (7) Well-founded fear of liability for punitive damages under existing law discourages governmental and intergovernmental entities from providing needed disaster relief goods and discourages potential volunteers from providing volunteer services to disaster victims. (8) Fear of compensatory and punitive damages for providing volunteer services deters potential volunteers from states located outside the national disaster area from providing volunteer services. (9) Fear of compensatory and punitive damages for providing volunteer services deters potential foreign volunteers from providing disaster relief services. (10) Any lessening of liability for volunteers providing disaster relief services, their employers and business partners, and entities utilizing their services should maintain adequate incentives for each of these classes of persons or entities to avoid causing harm. (11) Unwillingness to provide volunteer services to disaster victims in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (12) Unwillingness of employers and business partners to allow their employees and business partners to provide disaster relief services in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (13) Unwillingness of persons, entities, or organizations to accept disaster relief services from volunteers in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (14) Unwillingness by foreigners to provide voluntary disaster relief services in the face of uncertain liability substantially affects, burdens, and deters foreign commerce and travel. (15) Unless Congress provides uniform standards to address disasters that could occur in any State or combination of states, potential volunteers and others will not be certain which laws would govern their providing disaster relief services, which would substantially affect, burden, and deter interstate and foreign commerce and travel in the event of a national disaster. SEC. 3. DISASTER RELIEF VOLUNTEERS. (a) Liability of Disaster Relief Volunteers.--A disaster relief volunteer shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by an act or omission of such volunteer in connection with such volunteer's providing or facilitating the provision of disaster relief services if-- (1) the injury was not caused by willful, wanton, or reckless misconduct by the volunteer; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to-- (A) possess an operator's license; or (B) maintain insurance. (b) Liability of Employer or Partner of Disaster Relief Volunteer.--An employer or business partner of a disaster relief volunteer shall not be liable for any act or omission of such volunteer in connection with such volunteer's providing or facilitating the provision of disaster relief services. (c) Liability of Host or Enabling Person, Entity, or Organization.--A person or entity, including a governmental entity, that works with, accepts services from, or makes its facilities available to a disaster relief volunteer to enable such volunteer to provide disaster relief services shall not be liable for any act or omission of such volunteer in connection with such volunteer's providing such services. (d) Liability of Nonprofit Organizations.--A nonprofit organization shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with such nonprofit organization's providing or facilitating the provision of disaster relief services if the injury was not caused by willful, wanton, or reckless misconduct by the nonprofit organization. (e) Liability of Governmental and Intergovernmental Entities for Donations of Disaster Relief Goods.--A governmental or intergovernmental entity that donates to an agency or instrumentality of the United States disaster relief goods shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by such donated goods if the injury was not caused by willful, wanton, or reckless misconduct by such governmental or intergovernmental entity. (f) Limitation on Punitive and Noneconomic Damages Based on Actions of Disaster Relief Volunteers and Governmental Donors.-- (1) Punitive damages.--Unless the claimant establishes by clear and convincing evidence that its damages were proximately caused by willful, wanton, or reckless misconduct by either-- (A) a disaster relief volunteer in any civil action brought for injury caused by the volunteer's providing or facilitating the provision of disaster relief services; or (B) a governmental or intergovernmental entity in any civil action brought for injury caused by disaster relief goods donated by such governmental or intergovernmental entity; punitive damages may not be awarded in any civil action against such a volunteer or governmental entity. (2) Noneconomic damages.-- (A) General rule.--In any civil action brought against-- (i) a disaster relief volunteer for injury caused by such volunteer's providing or facilitating the provision of disaster relief services; or (ii) a governmental or intergovernmental entity for injury caused by disaster relief goods donated by such governmental entity; liability for noneconomic loss, if permitted under subsection (a) or (e) of this section, shall be determined in accordance with this subparagraph. (B) Amount of liability.--(i) The amount of noneconomic loss allocated to the disaster relief volunteer or governmental or intergovernmental entity defendant shall be in direct proportion to the percentage of responsibility of that defendant (determined in accordance with clause (ii)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to this section. (ii) For purposes of determining the amount of noneconomic loss allocated to a defendant, the trier of fact shall determine the percentage of responsibility of each person or entity responsible for the claimant's harm, whether or not such person or entity is a party to the action. (g) Construction.--Nothing in this section shall be construed to abrogate or limit any protection that a volunteer, as defined in the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.), may be entitled to under that Act. Neither shall anything in this section be construed to confer any private right of action or to abrogate or limit any protection with respect to either liability or damages that any disaster relief volunteer or governmental or intergovernmental entity may be entitled to under any other provision of law. (h) Supplemental Declaration.--If a Disaster Declaration is issued, the President, the Secretary of Health and Human Services, or the Secretary of Homeland Security may issue a Supplemental Declaration under this section. (1) Temporal effect.--Such Supplemental Declaration may provide that, for purposes of this section, such Disaster Declaration shall have such temporal effect as the President or the Secretary may deem necessary or appropriate to further the public interest, including providing that such Disaster Declaration shall have an effective date earlier than the date of the declaration or determination of such Disaster Declaration. (2) Geographic and other conditions.--Such Supplemental Declaration may provide that, for purposes of this section, such Disaster Declaration shall have such geographic or other conditions as the President or the Secretary may deem necessary or appropriate to further the public interest. (i) Licensing, Certification, and Authorization.--This section shall not apply to a disaster relief volunteer where the disaster relief service such volunteer provides is of a type that generally requires a license, certificate, or authorization, and the disaster relief volunteer lacks such license, certificate, or authorization, unless-- (1) such volunteer is licensed, certified, or authorized to provide such services in any State to the extent required, if any, by the appropriate authorities of that State, even if such State is not the State in which the disaster relief volunteer provides disaster relief services; or (2) otherwise specified in a Disaster Declaration or Supplemental Declaration under this section. (j) Definitions.--For purposes of this section: (1) The term ``Disaster Declaration'' means-- (A) a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); (B) a declaration of a public health emergency or a risk of such emergency as determined by the Secretary of Homeland Security in accordance with clause (i) or clause (ii) of section 2811(b)(3)(A) of such Act (42 U.S.C. 300hh-11(b)(3)(A)) and section 503(5) of the Homeland Security Act of 2002 (6 U.S.C. 313(5)); or (C) an emergency or major disaster declaration by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191). (2) The term ``disaster relief volunteer'' means an individual who provides disaster relief services in connection with a Disaster Declaration without expectation or receipt of compensation in exchange for providing such services. (3) The term ``disaster relief services'' means services or assistance provided in preparation for, response to, or recovery from any event that is the subject of a Disaster Declaration, including but not limited to health, medical, fire fighting, rescue, reconstruction, and any other services or assistance specified by a Supplemental Declaration under this section as necessary or desirable to prepare for, respond to, or recover from an event that is the subject of a Disaster Declaration. (4) The term ``disaster relief good'' means either-- (A) those goods provided in preparation for, response to, or recovery from any event that is the subject of a Disaster Declaration and reasonably necessary to such preparation, response, or recovery; or (B) those goods defined by a Disaster Declaration or Supplemental Declaration under this section. (5) The term ``noneconomic loss'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession, and (for purposes of subsection (h)) any foreign country. (7) The term ``compensation'' means monetary or other compensation of any kind provided in exchange for an individual's services, but does not include-- (A) reasonable reimbursement or allowance for expenses actually incurred by such an individual; (B) provision of reasonable supplies, lodging, or transportation to such an individual; or (C) such an individual's ordinary salary or compensation paid by his or her employer while such individual is on leave from his or her ordinary duties with such employer in order to provide disaster relief services.

Disaster Relief Volunteer Protection Act of 2006 - Provides liability protection for individuals who volunteer to assist victims of national disasters for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with disaster relief services provided or facilitated by the volunteer, if: (1) the injury was not caused by willful, wanton, or reckless misconduct; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner to possess an operator's license or maintain insurance. Extends such liability protection to: (1) the volunteer's employer, host, or enabling person, entity, or organization; (2) nonprofit organizations providing or facilitating disaster relief services; or (3) governmental or intergovernmental entity that donates disaster relief goods to a U.S. agency or instrumentality for any injury caused by such donated goods. Prohibits the award of punitive damages in any civil action against a disaster relief volunteer or governmental or intergovernmental entity, unless willful, wanton, or reckless misconduct is established by clear and convincing evidence. Provides for proportionate liability for noneconomic damages.

ACT REMEDIES TO TELEPHONE BILLING FOR MISCELLANEOUS PRODUCTS OR SERVICES. The Telephone Disclosure and Dispute Resolution Act (15 U.S.C. 5701 et seq.) is amended by adding at the end the following new title: ``TITLE V--UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH MISCELLANEOUS PRODUCTS OR SERVICES ``SEC. 501. BILLING OF MISCELLANEOUS PRODUCT OR SERVICE CHARGES. ``(a) Billing Rules.--The Commission shall, in accordance with the requirements of this section, prescribe rules to protect consumers from unfair and deceptive acts and practices in the billing of miscellaneous product or service charges. Such rules shall-- ``(1) prohibit any person (including billing aggregators and service providers) from submitting for billing on telephone bills miscellaneous product or service charges that have not been authorized by the subscriber to be billed; ``(2) require that any person submitting miscellaneous product or service charges for billing-- ``(A) include an account authorization code that would not generally be known by anyone other than the subscriber and the entity issuing the telephone bill and that reliably indicates that the subscriber authorized the charge; or ``(B) comply with such other procedures as the Commission may require to reliably indicate that the subscriber authorized the charge; ``(3) require that the bill for each provider of miscellaneous products or services-- ``(A) be on a page of the telephone bill that is separate from the charges for telephone exchange and telephone toll services; ``(B) describe in reasonable detail each miscellaneous product or service billed; ``(C) identify any miscellaneous product or service charges that are recurring; and ``(D) include the name and toll free telephone number of each miscellaneous product or service provider and the name and toll free telephone number of any billing aggregator; ``(4) require that a telephone bill that includes miscellaneous product or service charges includes a notification, on each page that summarizes or itemizes miscellaneous product or service charges, that the subscriber may direct billing disputes to the common carrier issuing the bill and provide a toll-free telephone number for that purpose; ``(5) require that a subscriber initiating a billing dispute by calling the telephone number referred to in paragraph (4) within 90 days after the date on which the charge appears on the telephone bill of the subscriber shall immediately receive a credit for any disputed miscellaneous product or service charges; and ``(6) provide that-- ``(A) a subscriber may-- ``(i) instruct its common carrier not to bill for any miscellaneous product or service charges; or ``(ii) to the extent the Commission from time to time determines is technically feasible for the common carrier to implement, instruct its common carrier not to bill for subcategories of products or services or for particular providers or billing aggregators, as specified by the subscriber; ``(B) such instruction may be given either orally or in writing (at the election of the subscriber); ``(C) a subscriber may instruct a common carrier to resume billing miscellaneous charges either orally or in writing (at the election of the subscriber); and ``(D) in verifying such instructions the common carrier shall use adequate internal control procedures for verifying that the request is authorized by the subscriber. ``(b) Dispute Resolution Rules.--To the extent not already covered by Federal statutes or regulations in effect on the date of enactment of this section, the Commission shall adopt rules governing the procedures for a subscriber and a miscellaneous product or service provider to resolve a billing dispute after the disputed charges have been credited to the subscriber's account in accordance with subsection (a). Such rules shall include rules designed to prevent fraudulent submission of billing disputes by subscribers. ``(c) Right To Discontinue Billing.-- ``(1) Authority to discontinue billing.--Subject to paragraph (2), if a common carrier reasonably believes that charges are being submitted for billing in violation of this section, the regulations adopted under this section, or any other Federal or State statute or regulation, the carrier, after written notice to the Commission describing the action and the reasons therefor-- ``(A) may discontinue billing for any miscellaneous product or service provider or any billing aggregator submitting miscellaneous product or service charges; ``(B) may discontinue billing for any type or category of miscellaneous product or service; or ``(C) may discontinue billing for any type or category of miscellaneous product or service submitted by an individual product or service provider or billing aggregator. ``(2) Authority subject to other law.--No action by a common carrier under paragraph (1) shall be exempt from any other Federal or State law prohibiting anticompetitive or discriminatory acts or practices. ``(d) Rulemaking.-- ``(1) Schedule and procedure.--The Commission shall prescribe the rules under this section within 270 days after the date of enactment of this Act. Such rules shall be prescribed in accordance with section 553 of title 5, United States Code. ``(2) Treatment of rule.--A rule prescribed under this subsection shall be treated as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)). ``(e) Enforcement.--Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) regarding unfair or deceptive acts or practices. Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this title. ``(f) Applicability.--The regulations required by this section shall apply to miscellaneous product or service charges first billed after the effective date of those regulations. ``SEC. 502. RELATION TO STATE LAWS. ``(a) State Law Applicable Unless Inconsistent.--This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with, the laws of any State with respect to telephone billing or other credit billing practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Commission is authorized to determine whether such inconsistencies exist. The Commission may not determine that any State law is inconsistent with any provision of this chapter if the Commission determines that such law gives greater protection to the consumer. ``(b) Regulatory Exemptions.--The Commission shall by regulation exempt from the requirements of this title any class of acts and practices subject to the rules prescribed under subsection (a) within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this chapter or that such law gives greater protection to the consumer, and that there is adequate provision for enforcement. ``SEC. 503. ENFORCEMENT BY COMMISSION. ``The Commission shall enforce the requirements of this title. For the purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this title shall be deemed a violation of a requirement imposed under that Act. All the functions and powers of the Commission under that Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in that Act. The Commission may prescribe such regulations as are necessary or appropriate to implement the provisions of this title. ``SEC. 504. ACTIONS BY STATES. ``(a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice which violates any rule of the Commission under section 501(a), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such pattern or practice, to enforce compliance with such rule of the Commission, to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate. ``(b) Notice.--The State shall serve prior written notice of any civil action under subsection (a) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. ``(c) Venue.--Any civil action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. ``(d) Investigatory Powers.--For purposes of bringing any civil action under this section, nothing in this Act shall prevent the attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(e) Effect on State Court Proceedings.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal antifraud statute of such State. ``(f) Limitation.--Whenever the Commission has instituted a civil action for violation of any rule or regulation under this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for violation of any rule as alleged in the Commission's complaint. ``(g) Actions by Other State Officials.-- ``(1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State for protection of consumers and who are designated by the Commission to bring an action under subsection (a) against persons that the Commission has determined have or are engaged in a pattern or practice which violates a rule of the Commission under section 501(a). ``SEC. 505. DEFINITIONS. ``As used in this title: ``(1) Billing aggregator.--The term `billing aggregator' means a person who aggregates the charges of one or more providers of miscellaneous products or services and transmits them to be included in a telephone bill. ``(2) Billing dispute.--The term `billing dispute' consists of any one or more of the following claims: ``(A) that a miscellaneous product or service charge was not authorized by the subscriber; ``(B) that a miscellaneous product or service charge was not in an amount authorized by the subscriber; or ``(C) that a miscellaneous product or service charge was transmitted for a product or service that was not provided to the subscriber. ``(3) Commission.-- The term `Commission' means the Federal Trade Commission. ``(4) Common carrier, local exchange carrier, telephone exchange service, and telephone toll service.--The terms `common carrier', `local exchange carrier', `telephone exchange service', and `telephone toll service' have the meanings provided in section 3 of the Communications Act of 1934. ``(5) Miscellaneous product or service.--The term `miscellaneous product or service' means any product or service that is not-- ``(A) telephone exchange service, telephone toll service, or services that are provided by the subscriber's selected provider of telephone exchange service or telephone toll service and that the Commission defines by rule as services that are ancillary to telephone exchange service or telephone toll service; ``(B) pay-per-call services subject to the provisions of title II of this Act; or ``(C) telephone billed purchases subject to the provisions of title III of this Act. ``(5) Miscellaneous product or service charges.--The term `miscellaneous product or service charges' means charges for miscellaneous product or services that are billed on a telephone bill. ``(6) Subscriber.--The term `subscriber' means the party identified in the account records of a common carrier issuing a telephone bill (or on whose behalf a telephone bill is issued), any other person identified in such records as authorized to change the services subscribed to or to charge services to the account, and any person otherwise lawfully authorized to represent such party. ``(7) Telephone bill.--The term `telephone bill' means a bill-- ``(A) for telephone exchange service and other services issued by or on behalf of a common carrier to its telephone exchange service customers; or ``(B) for telephone toll service and other services issued by or on behalf of a common carrier to its telephone toll service customers.''.

Anti-Cramming Protection Act of 1998 - Amends the Telephone Disclosure and Dispute Resolution Act to direct the Federal Trade Commission (FTC) to prescribe rules to protect consumers from unfair and deceptive acts in the billing of miscellaneous product or service charges. Prohibits any person from submitting for billing on telephone bills miscellaneous product or service charges which have not been authorized by the subscriber. Outlines further requirements with respect to the identification, and notification to the subscriber, of such miscellaneous charges. Authorizes a subscriber to instruct its common carrier not to bill for any miscellaneous product or service charges or for certain subcategories of such products or services. Directs the FTC to adopt rules for dispute resolution between a subscriber and a provider of miscellaneous products or services. Authorizes a common carrier to discontinue customer billing if it reasonably believes that charges are being submitted to such carrier for billing in violation of this section. Provides for enforcement of FTC rules adopted pursuant to this Act. Recognizes any applicable State law not inconsistent with this Act. Directs the FTC to enforce the requirements of this Act. Authorizes the attorney general of a State, or other authorized State officials, to bring a civil action on behalf of its residents for violations of this Act, after prior written notice to the FTC.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Quality Incentive Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Recent research on early brain development reveals that much of a child's growth is determined by early learning and nurturing care. Research also shows that quality early care and education leads to increased cognitive abilities, positive classroom learning behavior, increased likelihood of long-term school success, and greater likelihood of long-term economic and social self-sufficiency. (2) Each day an estimated 13,000,000 children, including 6,000,000 infants and toddlers, spend some part of their day in child care. However, a study in 4 States found that only 1 in 7 child care centers provide care that promotes healthy development, while 1 in 8 child care centers provide care that threatens the safety and health of children. (3) Full-day child care can cost $4,000 to $12,000 per year. (4) Although Federal assistance is available for child care, funding is severely limited. Even with Federal subsidies, many families cannot afford child care. For families with young children and a monthly income under $1,200, the cost of child care typically consumes 25 percent of their income. (5) Payment (or reimbursement) rates, which determine the maximum the State will reimburse a child care provider for the care of a child who receives a subsidy, are too low to ensure that quality care is accessible to all families. (6) Low payment rates directly affect the kind of care children get and whether families can find quality child care in their communities. In many instances, low payment rates force child care providers serving low-income children to cut corners in ways that impact the quality of care for the children, including reducing the number of staff, eliminating professional development opportunities, and cutting enriching educational activities and services. (7) Children in low-quality child care are more likely to have delayed reading and language skills, and display more aggression toward other children and adults. (8) Increased payment rates lead to higher quality child care as child care providers are able to attract and retain qualified staff, provide salary increases and professional training, maintain a safe and healthy environment, and purchase basic supplies, children's literature, and developmentally appropriate educational materials. (b) Purpose.--The purpose of this Act is to improve the quality of, and access to, child care by increasing child care payment rates. SEC. 3. PAYMENT RATES. Section 658E(c)(4) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(4)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) in subparagraph (A), by striking ``to comparable child care services'' and inserting ``to child care services that are comparable (in terms of quality and types of services provided) to child care services''; and (3) by inserting after subparagraph (A) the following: ``(B) Payment rates.-- ``(i) Surveys.--In order to provide the certification described in subparagraph (A), the State shall conduct statistically valid and reliable market rate surveys (that reflect variations in the cost of child care services by locality), in accordance with such methodology standards as the Secretary shall issue. The State shall conduct the surveys not less often than at 2-year intervals, and use the results of such surveys to implement, not later than 1 year after conducting each survey, payment rates described in subparagraph (A) that ensure equal access to comparable services as required by subparagraph (A). ``(ii) Cost of living adjustments.--The State shall adjust the payment rates at intervals between such surveys to reflect increases in the cost of living, in such manner as the Secretary may specify. ``(iii) Rates for different ages and types of care.--The State shall ensure that the payment rates reflect variations in the cost of providing child care services for children of different ages and providing different types of care. ``(iv) Public dissemination.--The State shall, not later than 30 days after the completion of each survey described in clause (i), make the results of the survey widely available through public means, including posting the results on the Internet.''. SEC. 4. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. (a) Funding.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by striking ``There'' and inserting the following: ``(a) Authorization of Appropriations.--There''; (2) in subsection (a), by inserting ``(other than section 658H)'' after ``this subchapter''; and (3) by adding at the end the following: ``(b) Appropriation of Funds for Grants To Improve the Quality of Child Care.--Out of any funds in the Treasury that are not otherwise appropriated, there is authorized to be appropriated and there is appropriated $500,000,000 for each of fiscal years 2004 through 2008, for the purpose of making grants under section 658H.''. (b) Use of Block Grant Funds.--Section 658E(c)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended-- (1) in subparagraph (B), by striking ``under this subchapter'' and inserting ``under this subchapter (other than section 658B(b))''; and (2) in subparagraph (D), by inserting ``(other than section 658H)'' after ``under this subchapter''. (c) Establishment of Program.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by inserting ``(other than section 658H)'' after ``this subchapter''. (d) Grants To Improve the Quality of Child Care.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. ``(a) Authority.-- ``(1) In general.--The Secretary shall use the amount appropriated under section 658B(b) for a fiscal year to make grants to eligible States, and Indian tribes and tribal organizations, in accordance with this section. ``(2) Annual payments.--The Secretary shall make an annual payment for such a grant to each eligible State, and for Indian tribes and tribal organizations, out of the corresponding payment or allotment made under subsections (a), (b), and (e) of section 658O from the amount appropriated under section 658B(b). ``(b) Eligible States.-- ``(1) In general.--In this section, the term `eligible State' means a State that-- ``(A) has conducted a statistically valid survey of the market rates for child care services in the State within the 2 years preceding the date of the submission of an application under paragraph (2); and ``(B) submits an application in accordance with paragraph (2). ``(2) Application.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, in addition to the information required under subparagraph (B), as the Secretary may require. ``(B) Information required.--Each application submitted for a grant under this section shall-- ``(i) detail the methodology and results of the State market rates survey conducted pursuant to paragraph (1)(A); ``(ii) describe the State's plan to increase payment rates from the initial baseline determined under clause (i); ``(iii) describe how the State will increase payment rates in accordance with the market survey results, for all types of child care providers who provide services for which assistance is made available under this subchapter; ``(iv) describe how payment rates will be set to reflect the variations in the cost of providing care for children of different ages and different types of care; ``(v) describe how the State will prioritize increasing payment rates for-- ``(I) care of higher-than-average quality, such as care by accredited providers or care that includes the provision of comprehensive services; ``(II) care for children with disabilities and children served by child protective services; or ``(III) care for children in communities served by local educational agencies that have been identified for improvement under section 1116(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(c)(3)); ``(vi) describe the State's plan to assure that the State will make the payments on a timely basis and follow the usual and customary market practices with regard to payment for child absentee days; and ``(vii) describe the State's plans for making the results of the survey widely available through public means. ``(3) Continuing eligibility requirement.-- ``(A) Second and subsequent payments.--A State shall be eligible to receive a second or subsequent annual payment under this section only if the Secretary determines that the State has made progress, through the activities assisted under this subchapter, in maintaining increased payment rates. ``(B) Third and subsequent payments.--A State shall be eligible to receive a third or subsequent annual payment under this section only if the State has conducted, at least once every 2 years, an update of the survey described in paragraph (1)(A). ``(4) Requirement of matching funds.-- ``(A) In general.--To be eligible to receive a grant under this section, the State shall agree to make available State contributions from State sources toward the costs of the activities to be carried out by the State pursuant to subsection (c) in an amount that is not less than 20 percent of such costs. ``(B) Determination of state contributions.--Such State contributions shall be in cash. Amounts provided by the Federal Government may not be included in determining the amount of such State contributions. ``(c) Use of Funds.-- ``(1) Priority use.--An eligible State that receives a grant under this section shall use the funds received to significantly increase the payment rate for the provision of child care assistance in accordance with this subchapter up to the 100th percentile of the market rate determined under the market rate survey described in subsection (b)(1)(A). ``(2) Additional uses.--An eligible State that demonstrates to the Secretary that the State has achieved a payment rate of the 100th percentile of the market rate determined under the market rate survey described in subsection (b)(1)(A) may use funds received under a grant made under this section for any other activity that the State demonstrates to the Secretary will enhance the quality of child care services provided in the State. ``(3) Supplement not supplant.--Amounts paid to a State under this section shall be used to supplement and not supplant other Federal, State, or local funds provided to the State under this subchapter or any other provision of law. ``(d) Evaluations and Reports.-- ``(1) State evaluations.--Each eligible State shall submit to the Secretary, at such time and in such form and manner as the Secretary may require, information regarding the State's efforts to increase payment rates and the impact increased payment rates are having on the quality of child care in the State and the access of parents to high-quality child care in the State. ``(2) Reports to congress.--The Secretary shall submit biennial reports to Congress on the information described in paragraph (1). Such reports shall include data from the applications submitted under subsection (b)(2) as a baseline for determining the progress of each eligible State in maintaining increased payment rates. ``(e) Indian Tribes and Tribal Organizations.--The Secretary shall determine the manner in which and the extent to which the provisions of this section apply to Indian tribes and tribal organizations. ``(f) Payment Rate.--In this section, the term `payment rate' means the rate of reimbursement to providers for subsidized child care.''. (e) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is amended by inserting ``from funds appropriated under section 658B(a)'' after ``section 658O''. (f) Allotment.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (b)(1), in the matter preceding subparagraph (A)-- (A) by striking ``section 658B'' and inserting ``section 658B(a)''; and (B) by inserting ``and from the amounts appropriated under section 658B(b) for each fiscal year remaining after reservations under subsection (a),'' before ``the Secretary shall allot''; and (2) in subsection (e)-- (A) in paragraph (1), by striking ``the allotment under subsection (b)'' and inserting ``an allotment made under subsection (b)''; and (B) in paragraph (3), by inserting ``corresponding'' before ``allotment''.

Child Care Quality Incentive Act of 2003 - Amends the Child Care and Development Block Grant Act of 1990 to revise requirements relating to child care payment rates.Requires States to conduct market rate surveys, at least once every two years, to determine their child care payment rates under the block grant program, including cost-of-living adjustments and consideration of variations in localities, children's ages, and types of services.Establishes a program of incentive grants to States and Indian tribes to improve the quality of, and access to, child care by increasing child care payment rates. Makes separate appropriations for such incentive grants in specified amounts for FY 2004 through FY 2008 (prohibiting use of block grant funds for such incentive grants).Authorizes the Secretary of Health and Human Services to make an annual incentive grant payment to an eligible State only if the State has conducted a statistically valid survey of the market rates for child care services in the State within the two years before it submits an application containing information on such survey and the State's plans to increase its child care payment rates. Requires an eligible State that receives such a grant to make priority use of its funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care (with any remaining funds to be used to improve the quality of child care services). Requires a State matching contribution of at least 20 percent of incentive grant program activity costs.

SECTION 1. WELLNESS PROGRAM EMPLOYER CREDIT. (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 45Q the following new section: ``SEC. 45R. WELLNESS PROGRAM EMPLOYER CREDIT. ``(a) General Rule.--For purposes of section 38, the wellness program employer credit determined under this section for any taxable year is an amount equal to 30 percent of the expenses paid or incurred by the eligible employer during the taxable year to develop and implement a qualified wellness program. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $400 per qualified employee employed by the eligible employer during the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive services and other programs in which the eligible employer's employees have participated during the taxable year. ``(2) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with an individual who has implemented a wellness program for a different employer and who will ensure compliance with appropriate measures to protect the privacy of program participants, ``(B) that conducts health risk assessments for each of the program's participants, ``(C) that offers at least 2 of the preventive services strongly recommended by the U.S. Preventive Services Task Force on an annual basis, ``(D) that offers annual counseling sessions and seminars related to at least 4 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(E) whose qualified participants include not less than 60 percent of the eligible employer's full-time employees. ``(3) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(4) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual-- ``(A) who participates in at least 4 of the annual preventive services or other programs offered through a qualified wellness program during the taxable year, and ``(B) with respect to whom a health risk assessment has been conducted during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(d) Termination.--This section shall not apply in taxable years beginning after December 31, 2014.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the wellness program employer credit determined under section 45R(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Wellness program employer credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. WELLNESS PROGRAM PARTICIPANT CREDIT. (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. WELLNESS PROGRAM PARTICIPANT CREDIT. ``(a) Allowance of Credit.--In the case of a qualified employee, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $400. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(2) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual-- ``(A) who participates in at least 4 of the annual preventive services or other programs offered through a qualified wellness program during the taxable year, and ``(B) with respect to whom a health risk assessment has been conducted during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(3) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with an individual who has implemented a wellness program for a different employer and who will ensure compliance with appropriate measures to protect the privacy of program participants, ``(B) that conducts health risk assessments for each of the program's participants, ``(C) that offers at least 2 of the preventive services strongly recommended by the U.S. Preventive Services Task Force on an annual basis, ``(D) that offers annual counseling sessions and seminars related to at least 4 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(E) whose qualified participants include not less than 60 percent of the eligible employer's full-time employees. ``(4) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive services and other programs in which the eligible employer's employees have participated during the taxable year. ``(c) Termination.--This section shall not apply in taxable years beginning after December 31, 2014.''. (b) Conforming Amendment.--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 25D the following new item: ``Sec. 25E. Wellness program participant credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow employers a tax credit to develop and implement a wellness program that: (1) conducts health risk assessments for each program participant; (2) offers annually at least two preventive services recommended by the U.S. Preventive Services Task Force; (3) offers annual counseling sessions and seminars on preventive health topics; and (4) includes as participants not less than 60% of an employer's full-time employees. Provides an additional tax credit for full-time employees who participate in their employer's qualified wellness program. Terminates such credits after 2014.

SECTION 1. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT. (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Conforming Amendment.--Section 7527(b) of such Code is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) Effective Date.--The amendments made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 2. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT. (a) In General.--Section 7527(e) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 3. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT. (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 4. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE. (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health Service Act (42 U.S.C. 300gg(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after February 12, 2011. SEC. 5. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS. (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Conforming Amendment.--Section 173(f)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) Effective Date.--The amendments made by this section shall apply to months beginning after February 12, 2011. SEC. 6. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS. (a) ERISA Amendments.-- (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (b) IRC Amendments.-- (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 1986 is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of such Code is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (d) Effective Date.--The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after February 12, 2011. SEC. 7. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS. (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 8. NOTICE REQUIREMENTS. (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to certificates issued after February 12, 2011. SEC. 9. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING TO PROPERTY. (a) In General.--Section 6331(h)(3) of the Internal Revenue Code of 1986 is amended by striking ``of goods or services'' and all that follows and inserting ``of-- ``(A) goods or services sold or leased to the Federal Government, or ``(B) in the case of levies issued during the 2- year period beginning after the date of the enactment of this subparagraph, property so sold or leased.''. (b) Effective Date.--The amendment made by this section shall apply to levies issued after the date of the enactment of this Act.

Amends the Internal Revenue Code to extend through June 30, 2012, the increased 80% tax credit for health insurance costs (including advance payments) for trade adjustment assistance (TAA) and Pension Benefit Guaranty Corporation (PBGC) pension recipients. Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers. Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012. Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative. Expands for the two-year period beginning after the enactment of this Act the continuous tax levy on payments to vendors for goods and services leased to the federal government to include payments for all property sold or leased to the federal government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stevie Wonder Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Stevland Hardaway Judkins, later known as Stevie Wonder, born in Saginaw, Michigan to Lula Mae Hardaway on May 13, 1950, has been a major figure in the music industry for the past 40 years. (2) Born prematurely, Stevie Wonder was placed in an incubator where an excess of oxygen exacerbated a visual condition known as retinopathy of prematurity, which ultimately caused his blindness. (3) In 1961, Ronnie White of the Miracles arranged an audition with Motown Records' Berry Gordy Jr, who quickly signed him and named him ``Little'' Stevie Wonder. (4) His first album, ``Little Stevie Wonder: the 12 Year Old Genius'', made the child a huge star, and produced a number 1 hit with the single ``Fingertips'' (Part 2) in 1963. (5) The following year, Stevie Wonder enrolled in the Michigan School for the Blind, where he studied classical piano. (6) In 1964, Wonder recorded little while his voiced changed and he returned in 1965 without the ``Little'' nickname. (7) His first recording as a teenager ``Uptight (Everything's Alright),'' which he co-wrote with Henry Cosby and Sylvia Moy, was a number 3 pop hit in the United States and hit number 1 on the rhythm and blues charts; this was the beginning of a string of number 1 hits that continued unbroken for over 6 years. (8) Stevie Wonder co-wrote almost all of his singles from 1967 onwards, and collaborated with some of the most notable Motown artists. (9) Shortly after reaching his 21st birthday in the spring of 1971, his recording contract with Motown Records expired, and he conditioned his return on obtaining complete artistic control of his records. (10) Motown Records agreed and he became the youngest artist with the ability to artistically control his career. (11) In 1976, Stevie Wonder's double album ``Songs in the Key of Life'' was another huge critical commercial success with 2 number 1 pop hits, ``Sir Duke'' and ``I Wish'', as well as the classic ``Isn't She Lovely''. (12) With no new music for the next 3 years, aside from the release of the mostly instrumental soundtrack to the documentary The Secret Life Of Plants in 1979, he returned to pop with ``Hotter Than July'' in 1980, which included the United States pop Top 5 hit ``Masterblaster (Jamming)''. (13) ``Hotter Than July'' also included the hit single ``Happy Birthday,'' which Stevie Wonder, one of the main figures in the campaign to have the birthday of Dr. Martin Luther King, Jr. become a national holiday, used to popularize the movement. (14) Wonder, along with the Congressional Black Caucus and other civil rights organizations, hosted the Rally for Peace Press Conference in 1981 in Washington, D.C., where he was joined by a peaceful crowd of 50,000 supporters, and such personalities as Diana Ross, Gladys Knight, Jesse Jackson, and Gil Scott-Heron. (15) The first Martin Luther King Day was celebrated on January 15, 1986, with a concert headlined by Stevie Wonder. (16) Stevie Wonder pioneered the use of the synthesizer in rhythm and blues, and also broadened his lyrics to encompass racial problems and spiritual concerns. (17) In his acceptance speech as the recipient of the 1984 Oscar for Best Song, he dedicated his award to then imprisoned civil rights leader Nelson Mandela; the South African government promptly banned Wonder's music from that country. (18) In 1985, Stevie Wonder performed on the number 1 charity singles ``We Are the World'' by USA for Africa and ``That's What Friends Are For'' by Dionne Warwick & Friends; both songs raised awareness about famine in Africa and the AIDS epidemic, respectively. (19) Stevie Wonder returned quickly with the new album, ``Characters'' in 1987 which was a hit on the rhythm and blues side, topping the album charts and producing a number 1 hit in ``Skeletons.'' and was his final release of the 1980s. (20) He returned in 1991 with the soundtrack to the Spike Lee film, Jungle Fever, and his next full album was 1995's ``Conversation Peace''. (21) He won two Grammy's for the single ``For Your Love''. (22) Since then, Motown has released a number of re-masters and compilations to continue Wonder's vast legacy. (23) ``A Time to Love'', Wonder's first new album in 10 years, was released in 2005. (24) Stevie Wonder has recorded more than 30 Top10 hits, won 22 Grammy Awards (a record for a solo artist), including a Grammy Lifetime Achievement Award and has been inducted into both the Rock and Roll and the Songwriters Halls of Fame. (25) He is the recipient of countless other awards and honors such as the U.S. Distinguished Service Award, 1999 MusiCares Person of the Year, Rhythm and Blues Foundation Pioneer Awards Lifetime Achievement, NAACP Image Award, United in Recovery's Ambassador of Peace Award, and an ASCAP Founders Award. (26) Stevie Wonder has become one of the most successful and well-known artists in the world, with 9 United States number 1 hits to his name and album sales totaling more than 100,000,000 units. (27) Stevie Wonder has also been active in such social causes as Mothers Against Drunk Driving, the Retinitis Pigmentosa Foundation, and his annual House Full of Toys Benefit Concert and he is a leading figure in the ``Charge Against Hunger'' in conjunction with American Express, which has raised over $150,000,000 dollars to feed nearly 6,000,000 underprivileged people yearly. (28) At age 49, Stevie Wonder was the youngest-ever recipient in the 22-year history of Kennedy Center Honors, given annually for lifetime contribution to arts and culture, and presented to Stevie Wonder by President Bill Clinton in Washington D.C., December 5, 1999. (29) On October 17th, 2006, Stevie Wonder received a Lifetime Achievement Award from the National Civil Rights Museum in Memphis, Tennessee. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Stevie Wonder, in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Stevie Wonder Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Stevie Wonder in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Seamounts and Ridges National Marine Conservation Area Designation and Management Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The California Seamounts and Ridges National Marine Conservation Area established by this Act contains a series of ancient volcanos and underwater geological features in the Exclusive Economic Zone. (2) Found on the seamounts, ridges, and banks in the Conservation Area are rare deep-water corals, sponges, anemones, tunas, sharks, seabirds, marine mammals (including orcas, sperm whales, and blue whales), endangered sea turtles, octopuses, and diverse fish populations, some of which are endemic to the area. (3) The only hydrothermal vents in the continental Exclusive Economic Zone are found on Gorda Ridge located off the north coast of California and the south coast of Oregon. (4) These areas' remote location and depth contribute to their remarkably pristine condition, limited human footprint, and reputation as a vital frontier for scientific discovery, with research expeditions continuing to yield new and rare species, greater understanding about ecological relationships, and renewed appreciation of the uniqueness of deep-sea ecosystems. (5) Despite currently limited direct pressure from extractive use, the Conservation Area is undergoing rapid change due to warming waters, ocean acidification, and ecological stress from pollution and other sources the management of which transcends the jurisdiction of any single government agency or department. (6) According to many scientists, comprehensive marine habitat protection is one of the most important actions for building resilience in ocean environments to current and emerging challenges presented by anthropogenic and other stressors impacting marine ecosystems. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the nationally significant historical, natural, cultural, scientific, and educational values of the California Seamounts and Ridges National Marine Conservation Area. SEC. 3. DEFINITIONS. In this Act: (1) Exclusive economic zone.--The term ``Exclusive Economic Zone'' means the Exclusive Economic Zone of the United States established by Presidential Proclamation No. 5030 of March 10, 1983. (2) Conservation area.--The term ``Conservation Area'' means the California Seamounts and Ridges National Marine Conservation Area established by section 4(a). (3) Outer continental shelf.--The term ``Outer Continental Shelf'' has the meaning given the term ``outer Continental Shelf'' in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). SEC. 4. DESIGNATION. (a) Establishment.--There is established the California Seamounts and Ridges National Marine Conservation Area, consisting of the waters of the Exclusive Economic Zone and the Outer Continental Shelf contained in the area described in subsection (b). (b) Area Described.--The area referred to in subsection (a)-- (1) is the area generally depicted as the Conservation Area on the map entitled ``____'' and dated ___, as is more particularly described by the Secretary of Commerce and the Secretary of the Interior under subsection (c); and (2) includes-- (A) Gorda Ridge; (B) the portion of Mendocino Ridge in the Conservation Area west of longitude 125 40' 4.8" W; and (C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San Juan, and Northeast seamounts. (c) Detail Boundary Description and Map.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall jointly develop a detailed boundary description and map of the Conservation Area. (2) Force and effect.--The map and boundary description developed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretaries may correct any minor errors in the map and boundary descriptions. (3) Public availability.--The map and boundary description developed under paragraph (1) shall be on file and available for public inspection within the management plan required under section 5 of this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary of Commerce and the Secretary of the Interior shall have joint responsibility for management of the California Seamounts and Ridges National Marine Conservation Area. (b) Consultation and Management.-- (1) In general.--The Secretaries may not implement the establishment of the Conservation Area without-- (A) direct and thorough consultation with the Pacific Fishery Management Council, stakeholders from commercial and recreational fishing sectors, and other key fishery groups, including working with such persons and affected Indian tribes to develop and implement a plan for the comprehensive and long-term protection and management of the Conservation Area; and (B) prior, timely, and ongoing notice and consultation between the Secretaries and affected Indian tribes, including working with such Indian tribes to-- (i) develop and implement mutually agreed- upon plans for the comprehensive and long-term protection and management of the Conservation Area; and (ii) ensure that management of the Conservation Area does not in any way impact traditional uses of the waters of the Conservation Area by members of such tribes. (2) Prohibitions.-- (A) In general.--The plan required under paragraph (1)(A) shall, subject to subparagraph (B) and subsections (c) and (d), prohibit-- (i) exploring for, developing, or producing oil, gas, or minerals; (ii) using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any living or nonliving marine resource; (iii) intentionally introducing or otherwise releasing an introduced species from within or into the Conservation Area; (iv) anchoring on or having a vessel anchored on any living or dead coral in the Conservation Area; (v) drilling into, dredging, or otherwise altering the Outer Continental Shelf in the Conservation Area; and (vi) other activities determined by the Secretary, as appropriate for the long-term protection and management of the Conservation Area. (B) Exceptions.--The prohibitions set forth in subparagraph (A) shall not apply to-- (i) activities and exercises of the Armed Forces (including those carried out by the Coast Guard) that are consistent with applicable laws; (ii) actions necessary to respond to emergencies threatening life, property, or the environment, and activities necessary for national security or law enforcement purposes; (iii) scientific exploration or research activities, subject to such terms and conditions as the Secretaries consider necessary for the care and management of the living and nonliving marine resources of the Conservation Area; (iv) the troll Albacore fishery; and (v) recreational fishing and charter fishing, as those terms are defined in section 2 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (c) Emergencies, National Security, and Law Enforcement Activities.-- (1) In general.--The prohibitions required by subsection (b) shall not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. (2) Emergency response.--Nothing in this Act limits the authority of government agencies to take actions to respond to emergencies that pose an unacceptable threat to human health or safety or to the marine environment and for which there is no other feasible solution. (d) Armed Forces Actions.-- (1) In general.--The prohibitions required by subsection (b) shall not apply to activities and exercises of the Armed Forces, including those carried out by the Coast Guard. (2) Compliance with this act.--The Armed Forces shall ensure, by the adoption of appropriate measures not impairing their operations or operational capabilities, that its vessels and aircraft operate in a manner consistent, so far as is reasonable and practicable, with this Act. (3) Destruction of, loss of, or injury to living marine resources.--In the event of threatened or actual destruction of, loss of, or injury to a living marine resource of the Conservation Area resulting from an incident caused by a component of the Department of Defense or the Coast Guard, including as a result of a spill of oil or other hazardous material or vessel grounding, the responsible component shall promptly coordinate with the Secretary of the Interior or Commerce, as appropriate, for the purpose of taking appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the affected Conservation Area resources. (4) Military property not affected.--Nothing in this Act or any regulation implementing it limits or otherwise affects the Armed Forces discretion to use, maintain, improve, manage, or control any property under the administrative control of a military department or otherwise limit the availability of such property for military mission purposes. SEC. 6. WITHDRAWALS. The areas of the Outer Continental Shelf comprised of Cortes and Tanner Banks, and of the portion of Mendocino Ridge bounded by a square with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a northeastern corner located at 40 30' N, 125 10' 4.8" W, are withdrawn from commercial leasing under Federal law for exploration, development, or production of oil and gas, mining minerals, energy sighting, and cable laying.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks locatedin federal waters off the coast of California. The National Oceanic and Atmospheric Administration (NOAA)and the Department of the Interior shall have joint responsibility for managing the conservation area.Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area. Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area.Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Communities Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Health and Nutrition Examination Survey (NHANES) from 2003-2006, for children aged 6-11 years and 12-19 years, the prevalence of being overweight was 17 percent and 17.6 percent, respectively. (2) According to the Surgeon General, overweight adolescents have a 70 percent chance of becoming overweight or obese adults. (3) According to the Surgeon General, overweight and obesity are associated with heart disease, certain types of cancer, type 2 diabetes, stroke, arthritis, breathing problems, and psychological disorders, such as depression. (4) According to the Surgeon General, an estimated 300,000 deaths per year may be attributable to obesity. (5) The Centers for Disease Control and Prevention reports that in 2000, the total cost of obesity in the United States was estimated to be $117 billion. (6) According to the Dietary Guidelines produced by the Department of Agriculture, increasing consumption of fruits and vegetables, whole grains, and calcium-rich foods, while reducing saturated fats, trans fats, sodium, added sugars, and excess calories and reducing obesity could dramatically improve Americans' health and well-being. (7) According to the Surgeon General, nearly half of young people aged 12-21 are not vigorously active on a regular basis. Yet, regular physical activity improves strength, builds lean muscle, and decreases body fat. SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended-- (1) by redesignating the second and third sections 399R as sections 399S and 399T, respectively; and (2) by adding at the end the following: ``SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM. ``(a) In General.--The Secretary shall make 5-year grants to community partnerships for programs to combat obesity. ``(b) Partnership Members.--To be eligible to seek a grant under this section, at minimum, a community partnership shall include members representing each of the following areas: ``(1) Hospitals. ``(2) School districts. ``(3) Early childhood care providers. ``(4) Local governments. ``(5) Health insurance companies. ``(6) Pediatricians. ``(7) Other health professionals. ``(8) Local employers. ``(c) Funding Requirements.--To be eligible for funding under this section, a program shall comply with each of the following: ``(1) Executive council.-- ``(A) The program shall have an executive council composed of one partnership member from each of the areas listed in subsection (b). ``(B) The executive council shall be responsible for governing, overseeing, and managing the program. ``(C) The executive council shall meet monthly to discuss governing the program. ``(D) The executive council shall have subcommittees composed of partnership members representing a variety of community participants in order to involve as many people as possible. ``(2) Steering committee.-- ``(A) The program shall have a steering committee composed of, at minimum, the following: ``(i) Local health groups who engage in obesity-related programming. ``(ii) Local environmental groups who work on urban planning and forming `livable communities'. ``(iii) Local recreational facilities that engage in obesity-related programming. ``(iv) Representatives of each of the partnership members. ``(v) Representatives of local restaurants or grocery stores that offer healthy food options. ``(vi) Representatives of local farmers. ``(vii) Other groups as deemed appropriate by the executive committee. ``(B) The steering committee shall meet at least 10 times per year and perform the following functions: ``(i) Assess the progress of the program. ``(ii) Provide recommendations to the executive council concerning improvements to the program. ``(3) Program components.--The program shall address all the different components of fighting obesity and include the following: ``(A) Physical exercise and a physical activity environment encouraging-- ``(i) daily physical activity or exercise; and ``(ii) community events based around physical activity or exercise. ``(B) Nutritional counseling and nutritional environment activities including-- ``(i) counseling from a registered dietitian; ``(ii) community healthy meal and snack ideas-- ``(I) at home; ``(II) at school; ``(III) at early childhood care; and ``(IV) at the workplace; and ``(iii) alternatives to unhealthy food choices and availability of nutritious foods, including evaluation of potential food `deserts' and farmers' markets. ``(C) Education to-- ``(i) provide information about the importance of eating healthily and maintaining a balanced diet to the community; ``(ii) provide information about the importance of being physically fit; and ``(iii) provide strategies for addressing varying individual capabilities to attain physical fitness. ``(D) An evidence-based curriculum using the National Institutes of Health's Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum to guide the program. ``(4) Best practices.--The program shall make use of evidence-based practices, strategies, programs, and policies in designing program guidelines. ``(5) Communications.--The program shall develop a communications plan that involves the entire community, utilizing a wide variety of resources. ``(6) Occurrence of program.--The program shall have both in-school and workplace wellness programs to encourage healthier behavior by all participants on a consistent basis. ``(7) Wellness coordinator.--The program shall identify a person, to be known as the Wellness Coordinator, who will ensure that the program is being implemented to encourage healthy lifestyles. The Wellness Coordinator shall provide monthly updates to the executive committee and steering committee on the components of the program being implemented and progress made towards meeting goals. ``(8) Assessment.--The executive committee and steering committee shall perform an assessment of the obesity problem in the respective community. The assessment shall include-- ``(A) measurement of the extent of the problem; and ``(B) factors contributing to the problem. ``(9) Goals.--Based on the assessment pursuant to paragraph (8), the executive committee, steering committee, and Wellness Coordinator shall work together to lay out achievable short- and long-term goals for reducing childhood obesity. These goals shall include the following: ``(A) Specific percentage decrease in rates of obese adults and children. ``(B) Specific percentage decrease in rates of overweight adults and children. ``(C) Specific percentage increase in rates of children attaining at least 60 minutes of physical activity per day and adults attaining at least 30 minutes of physical activity per day. ``(D) Specific percentage increase in improved nutrition among children and adults. ``(10) Reports.--Not later than 12 months after a program first receives funds under this section, and annually thereafter, the Wellness Coordinator shall submit a report to the Secretary on the success of the program. The report shall include measurement of the effectiveness of the program in achieving its goals. ``(d) Prohibition Against Use of Funds for Administrative Expenses.-- ``(1) Prohibition.--The Secretary shall prohibit a community partnership awarded a grant under this section from using the grant to pay the administrative expenses of the partnership's program to combat obesity. ``(2) Exceptions.--Notwithstanding paragraph (1), the Secretary may allow such community partnership to use the grant-- ``(A) to pay the salaries and benefits of staff responsible for implementing the program; or ``(B) to pay the costs of performing an assessment under subsection (c)(8). ``(e) Preference.--In selecting grant recipients under this section, the Secretary shall give preference to communities with high levels of obesity and related chronic diseases. ``(f) Application for Assistance During Subsequent Grant Years.--To continue receiving assistance through a grant under this section, a community partnership shall submit a separate application to the Secretary at the beginning of each fiscal year during the grant period. At a minimum, an application so submitted for the second or subsequent year of a grant shall include a description of the partnership's progress in the following areas: ``(1) Reducing the number of people who are overweight and obese. ``(2) Improving the number of people receiving the recommended daily allowance of nutritional food, including fruits and vegetables. ``(3) Improving the number of people devoting at least 30 minutes a day to physical activity for adults and 60 minutes a day for children. ``(g) Funding.-- ``(1) Authorization of appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal years 2011 to 2015. ``(2) Maximum amount of grant for first year.--For the first year of a grant to a community partnership under this section, the Secretary may award not more than $100,000. ``(3) Matching funds.--With respect to the costs of a program to combat obesity to be funded under this section, the Secretary may make a grant to a community partnership only if the partnership agrees to make available non-Federal contributions toward such costs in an amount that is not less than $1 for every $4 of Federal funds provided pursuant to this section.''.

Healthy Communities Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make five-year grants to community partnerships for programs to combat obesity. Sets forth eligibility requirements. Provides for an executive council and a steering committee. Requires a community obesity prevention program to address all the different components of fighting obesity and to include: (1) physical exercise and a physical activity environment; (2) nutritional counseling and nutritional environment activities; (3) education to provide to the community information about the importance of eating healthily and maintaining a balanced diet and of being physically fit and to provide strategies for addressing varying individual capabilities to attain physical fitness; and (4) an evidence-based curriculum using the National Institutes of Health's (NIH's) Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum to guide the program. Requires a program to: (1) make use of evidence-based practices, strategies, programs, and policies in designing program guidelines; (2) develop a communications plan that involves the entire community; (3) have both in-school and workplace wellness programs; and (4) identify a Wellness Coordinator. Requires the executive council and the steering committee to: (1) perform an assessment of the obesity problem in each respective community; and (2) work with the Wellness Coordinator to lay out achievable short- and long-term goals for reducing childhood obesity. Directs the Secretary to: (1) prohibit a community partnership from using the grant to pay for administrative expenses, with exceptions; and (2) give preference in selecting grant recipients to communities with high levels of obesity and related chronic diseases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Reporting and Disclosure Act of 2005''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``data reporting by hospitals and public posting ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 80 days after the end of each semiannual period beginning January 1 or July 1 (beginning more than one year after the date of the enactment of this section), a hospital shall report to the Secretary the following data: ``(1) The frequency with which the hospital performed each service selected under subparagraph (A) or (B) of subsection (c)(1) in an inpatient or outpatient setting, respectively, during such period. ``(2) The frequency with which the hospital administered a drug selected under subparagraph (C) of such subsection in an inpatient setting during such period. ``(3) If the service was so performed or the drug was so administered during such period, the average charge and the medium charge by the hospital for such service or drug during such period. ``(b) Public Availability of Data.-- ``(1) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a). Such data shall be set forth in a manner that promotes charge comparison among hospitals. ``(2) Notice of availability.--A hospital shall prominently post at each admission site of the hospital a notice of the availability of the data reported under subsection (a) on the official public Internet site under paragraph (1). ``(c) Selection of Services and Drugs.--For purposes of this section: ``(1) Initial selection.--Based on national data, the Secretary shall select the following: ``(A) The 25 most frequently performed services in a hospital inpatient setting. ``(B) The 25 most frequently performed services in a hospital outpatient setting. ``(C) The 50 most frequently administered drugs in a hospital inpatient setting. ``(2) Updating selection.--The Secretary shall periodically update the services and drugs selected under paragraph (1). ``(d) Civil Money Penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of subsection (a) or (b)(2) by a hospital. The provisions of subsection (i)(2) of section 351A shall apply with respect to civil money penalties under this subsection in the same manner as such provisions apply to civil money penalties under subsection (i)(1) of such section. ``(e) Administrative Provisions.-- ``(1) In general.--The Secretary shall prescribe such regulations and issue such guidelines as may be required to carry out this section. ``(2) Classification of services.--The regulations and guidelines under paragraph (1) shall include rules on the classification of different services and the assignment of items and procedures to those services (including inpatient diagnostic related groups (DRGs), outpatient procedures, and tests) and classification of drugs. For purposes of the preceding sentence, classification of drugs may include unit, strength, and dosage information. ``(3) Computation of average and median charges.-- ``(A) In general.--The regulations and guidelines under paragraph (1) shall include a methodology for computing an average charge and a median charge for a service or drug, in accordance with subparagraph (B). ``(B) Methodology.--The methodology prescribed by the Secretary under subparagraph (A) shall ensure that the average charge and the median charge for a service or drug reflect the amount charged before any adjustment based on a rate negotiated with a third party. ``(4) Form of report and notice.--The regulations and guidelines under paragraph (1) shall specify the electronic form and manner by which a hospital shall report data under subsection (a) and the form for posting of notices under subsection (b)(2). ``(f) Rules of Construction.-- ``(1) Non-preemption of state laws.--Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of charges or other information for a hospital. ``(2) Charges.--Nothing in this section shall be construed to regulate or set hospital charges. ``(g) Definitions.--For purposes of this section: ``(1) Hospital.--The term `hospital' has the meaning given such term by the Secretary. ``(2) Drug.--The term `drug' includes a biological and a non-prescription drug, such as an ointment.''.

Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered. Allows the Secretary to impose a civil monetary penalty for violations of this Act.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Black Hills Charter Forest Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Purpose. Sec. 5. Demonstration forest management project, Black Hills National Forest, South Dakota and Wyoming. Sec. 6. Independent scientific review and monitoring. Sec. 7. Community management council. Sec. 8. Predecisional review process for demonstration project. Sec. 9. Stewardship contracting authority. Sec. 10. Retention of demonstration project receipts. Sec. 11. Relation to National Environmental Policy Act of 1969. SEC. 2. DEFINITIONS. In this Act: (1) The term ``council'' means the community management council appointed under section 7. (2) The term ``demonstration project'' means the demonstration forest management project for the Black Hills National Forest in the States of South Dakota and Wyoming required by this Act. (3) The term ``panel'' means the panel of non-Federal scientists assembled by the Secretary under section 6. (4) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. FINDINGS. Congress finds the following: (1) The administrative body for the National Forest System, the Forest Service, is plagued by ineffective public involvement, management inefficiency, and protracted, superfluous analyses. (2) The debilitations of the Forest Service have cultivated an environment of mistrust and divisiveness in forest policy, begetting a cumbersome, enfeebled process of resource management in the Black Hills National Forest. (3) This state of affairs represents a grievous disservice to the public and the environment and are indicative of an administrative process in need of repair; and (4) it is in the public interest to explore a broad spectrum of progressive solutions to improve forest management for, and the condition of forests in, the Black Hills National Forest. SEC. 4. PURPOSE. The purpose of this Act is-- (1) to increase community involvement in decisionmaking regarding the management of the Black Hills National Forest; (2) to evaluate alternatives in reforming the current Forest Service administrative appeals process for projects in the Black Hills National Forest; (3) to provide the Black Hills National Forest with more efficient and dynamic contracting mechanisms to accomplish land and resource management plan objectives; and (4) to evaluate and implement procedural reform in the Forest Service's administration of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) on forest projects in the Black Hills National Forest, in keeping with the law's substantive intent. SEC. 5. DEMONSTRATION FOREST MANAGEMENT PROJECT, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA AND WYOMING. (a) Demonstration Project Required.--The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a demonstration project in the Black Hills National Forest for the purpose of increasing community involvement in decisionmaking regarding the management of the Black Hills National Forest and evaluating various methods, described in this Act, to improve the management and condition of the Black Hills National Forest. (b) Commencement of Demonstration Project.--The Secretary shall commence the demonstration project upon the completion of the phase 2 amendment, pending as of the date of the enactment of this Act, to the land and resource management plan for the Black Hills National Forest. (c) Duration.--The Secretary shall terminate the demonstration project at the end of the 10-year period beginning on the date the demonstration project is commenced pursuant to subsection (b). (d) Relation to Other National Forest System Laws.--Except as provided in this Act, during the term of the demonstration project, the Secretary shall continue to manage the Black Hills National Forest under all of the laws and regulations governing occupancy, use, and management of the National Forest System. SEC. 6. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING. (a) Review of Ecological, Social, and Economic Sustainability of Forest.-- (1) Initial review.--The Secretary shall assemble an independent panel of non-Federal scientists to conduct an assessment, using accepted measures and indicators, of the ecological, social, and economic sustainability of the Black Hills National Forest, taking into consideration such factors as forest health, susceptibility to catastrophic fire, biological diversity, and the capability of the forest to sustain communities and economies. (2) Submission of results.--Not later than one year after the date of the enactment of this Act, the panel shall submit to the Secretary and Congress a report containing the results of the assessment conducted under this subsection. (b) Monitoring Plan for Demonstration Project.--The panel shall prepare a monitoring plan to be used to track the implementation of the demonstration project. (c) Revised Review; Resubmission of Results.--At the end of the first five years of the demonstration project and upon the completion of the demonstration project, the panel shall revise the assessment conducted under subsection (a) and resubmit it to the Secretary and Congress. (d) Effects of Demonstration Project.--Using the information collected from the monitoring plan, the panel shall include in each revised assessment an evaluation of the positive and negative impacts of the demonstration project on changes in the ecological, social, and economic sustainability of the Black Hills National Forest. SEC. 7. COMMUNITY MANAGEMENT COUNCIL. (a) Establishment and Purposes.--The Secretary shall establish a community management council as part of the demonstration project for the purpose of-- (1) advising the Secretary and the Supervisor of the Black Hills National Forest on the broad array of environmental, economic, and social issues related to the management, occupancy, and use of the Black Hills National Forest; and (2) advising the Secretary and the Supervisor in the development of binding priorities for management activities on the Black Hills National Forest. (b) Appointment and Members.--The council shall consist of 13 members, appointed by the Secretary in consultation with the Governors and congressional delegations of the States of South Dakota and Wyoming. Members shall meet the following criteria: (1) Members shall represent an equitable cross-section of forest policy stakeholders. (2) Members shall reside in the seven counties that encompass the Black Hills National Forest: (A) Pennington, Lawrence, Meade, Custer, and Fall River Counties of South Dakota. (B) Crook and Weston Counties of Wyoming. (3) Members shall have demonstrated a willingness to seek compromise on complex forest issues through respectful and reasonable discourse. (4) Members shall have demonstrated an ability to respect values, cultures, and points of view other than their own. (c) Forest Supervisor.--The Supervisor of the Black Hills National Forest shall serve as an ex officio member of the council. (d) Vacancies; Geographic Representation.--Vacancies on the council shall be filled in the same manner as the original appointment. (e) Compensation.--Members of the council who are not Federal employees shall serve without compensation. (f) Other Council Authorities and Requirements.-- (1) Staff assistance.--The council may request the Secretary to provide staff assistance to the council from Federal employees under the jurisdiction of the Secretary. (2) Meetings.--All meetings of the council shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. (3) Records.--The council shall maintain records of the meetings of the council and make the records available for public inspection. (4) Relation to other law.--The council shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 8. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT. (a) In General.--The Secretary shall promulgate rules to establish a predecisional review process that would be used during the term of the demonstration project in connection with site-specific projects in the Black Hills National Forest that require approval by a Forest Service official in a decision notice or record of decision. (b) Relation to Required Environmental Analysis.--The predecisional review process shall not be construed to alter or waive any environmental analysis otherwise required as part of the planning or implementation of a project in the Black Hills National Forest. (c) Required Elements of Predecisional Review.-- (1) Notice.--The rules required by subsection (a) shall provide for notice of a proposed decision and an opportunity to request review before a final decision on a site-specific project is made. (2) Right to request a predecisional review.--For a period not to exceed 30 days from the date notice is provided pursuant to paragraph (1), review of a proposed decision may be requested by any individual or entity, but only if the individual or entity submitted written comments during the preparation stage of the project on the issue or issues for which predecisional review is sought. (3) Completion of review.--The review of a request for predecisional review shall be completed before issuance of a final decision regarding the project at issue. The review shall be completed within 30 days after the date the request was submitted. (d) Exemption.--The Secretary may exempt a proposed decision responding to an unexpected or serious event that would provide relief from hazards threatening human health and safety or natural resources, or provide for rehabilitation and recovery of forest resources, from the predecisional review rules prescribed under this section. (e) Exhaustion of Predecisional Review Process.--Notwithstanding any other provision of law, an individual or entity must exhaust the predecisional review process before the individual or entity may bring an action in court challenging a site-specific project under the demonstration project. (f) Presumption.--In any predecisional review or litigation of a management activity under the demonstration project, the responsible official, administrative entity, or court shall give deference to the expert judgment of the Secretary in identifying and interpreting the scientific data that is the basis for the management activity. (g) Relation to Forest Service Decisionmaking and Appeals Reform.-- Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note), shall not apply to activities conducted under the demonstration project. SEC. 9. STEWARDSHIP CONTRACTING AUTHORITY. (a) Use of Existing Demonstration Authority.--During the term of the demonstration project, the Secretary may enter into stewardship and end result contracts for the Black Hills National Forest in accordance with section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note), to accomplish the land management goals specified in subsection (b) of such section. (b) Additional Contracts.--The contracts entered into under the authority of subsection (a) shall be in addition to the contracts authorized under such section 347 or under section 338 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 16 U.S.C. 2104 note). SEC. 10. RETENTION OF DEMONSTRATION PROJECT RECEIPTS. (a) Retention.--During the term of the demonstration project, the Secretary shall retain the monetary proceeds from commercial timber sales and special use permit fees derived from the Black Hills National Forest. The retained receipts shall be in addition to such other funds appropriated or otherwise made available for the operation of the Black Hills National Forest, and the receipts shall not be subject to overhead assessment. (b) Use.--The Secretary shall use the retained receipts for projects in the Black Hills National Forest, with priority placed on projects related to forest health, restoration, hazardous fuels reduction, and disease and invasive species control. (c) Role of Council.--The Secretary shall consult with the council in selecting projects under this section. SEC. 11. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. In conducting the demonstration project, the Secretary shall continue to comply with the substantive requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and its implementing rules. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate rules regarding implementation of the National Environmental Policy Act of 1969 in the Black Hills National Forest during the demonstration project, being careful to provide maximum latitude to line officers and the council consistent with the substantive requirements of that Act.

Black Hills Charter Forest Act of 2002 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to conduct a ten-year demonstration project in the Black Hills National Forest (the "Forest") for the purposes of increasing community involvement in Forest management decisions and evaluating various methods of improving the management and condition of the Forest.Directs the Secretary to establish an independent panel of non-Federal scientists which shall: (1) conduct an assessment of the ecological, social, and economic sustainability of the Forest and submit the results to Congress; and (2) prepare a monitoring plan for the demonstration project.Requires the Secretary to establish a community management council to advise on environmental, economic, and social issues pertaining to the Forest and on the development of binding priorities for management activities on the Forest.Directs the Secretary to promulgate rules which, while not affecting any environmental analysis otherwise required, shall establish a predecisional review process for site specific projects during the demonstration project. Delineates procedures for the review of decisions, as well as circumstances in which exemptions from the review rules are permitted.