FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rescue and Emergency Services Prepared for Our Nation's Defense Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many nations currently possess weapons of mass destruction and related materials and technologies, and such weapons are increasingly available to a variety of sources through legitimate and illegitimate means. (2) The proliferation of weapons of mass destruction is growing, and will likely continue despite the best efforts of the international community to limit their flow. (3) The increased availability, relative affordability, and ease of use of weapons of mass destruction may make the use of such weapons an increasingly attractive option to potential adversaries who are not otherwise capable of countering United States military superiority. (4) On November 12, 1997, President Clinton issued an Executive Order stating that ``the proliferation of nuclear, biological, and chemical weapons (``weapons of mass destruction'') and the means of delivering such weapons constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States'' and declaring a national emergency to deal with that threat. (5) The Quadrennial Defense Review concluded that the threat or use of weapons of mass destruction is a likely condition of future warfare and poses a potential threat to the United States. (6) The United States lacks adequate preparedness at the Federal, State, and local levels to respond to a potential attack on the United States involving weapons of mass destruction. (7) The United States has initiated an effort to enhance the capability of Federal, State, and local governments as well as local emergency response personnel to prevent and respond to a domestic terrorist incident involving weapons of mass destruction. (8) More than 40 Federal departments, agencies, and bureaus are involved in combating terrorism, and many, including the Department of Defense, the Department of Justice, the Department of Energy, the Department of Health and Human Services, and the Federal Emergency Management Agency, are executing programs to provide civilian personnel at the Federal, State, and local levels with training and assistance to prevent and respond to incidents involving weapons of mass destruction. (9) The Secretary of Defense has called for the establishment of 10 Rapid Assessment and Initial Detection elements, composed of 22 National Guard personnel, to provide timely regional assistance to local emergency responders during an incident involving chemical or biological weapons of mass destruction. (10) The Department of Energy has established a Nuclear Emergency Response Team which is available to respond to incidents involving nuclear or radiological emergencies. (11) The Department of Defense has begun to implement a program to train local emergency responders in major cities throughout the United States to prevent and respond to incidents involving weapons of mass destruction. (12) The Department of Justice has initiated a program to direct and coordinate training and exercises to enhance local emergency response to incidents involving weapons of mass destruction, and may be establishing a National Center for Domestic Preparedness. (13) Federal agency initiatives to enhance domestic preparedness to respond to an incident involving weapons of mass destruction are hampered by incomplete interagency coordination and overlapping jurisdiction of agency missions. (14) The Federal Emergency Management Agency, originally designated to lead the coordinated Federal effort to enhance preparedness to respond to incidents involving weapons of mass destruction, has withdrawn from that role, and a successor lead agency has not yet been determined. (15) In order to ensure effective local response capabilities to incidents involving weapons of mass destruction, the Federal Government, in addition to providing training, must concurrently address the need for-- (A) compatible communications capabilities for all Federal, State, and local emergency responders, which often use different radio systems and operate on different radio frequencies; (B) adequate equipment necessary for response to an incident involving weapons of mass destruction, and a means to ensure that financially lacking localities have access to such equipment; (C) local and regional preplanning efforts to ensure the effective execution of emergency response in the event of an incident involving a weapon of mass destruction; and (D) increased planning and training to prepare for emergency response capabilities in port areas and littoral waters. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the ``Commission to Assess Weapons of Mass Destruction Domestic Response Capabilities''. (b) Composition.--The Commission shall be composed of 15 members, appointed as follows: (1) 4 members appointed by the Speaker of the House of Representatives; (2) 4 members appointed by the majority leader of the Senate; (3) 2 members appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the minority leader of the Senate; (5) 3 members appointed by the President. (c) Qualifications.--Members shall be appointed from among individuals with knowledge and expertise in emergency response matters. (d) Deadline for Appointments.--Appointments shall be made not later than the date that is 30 days after the date of the enactment of this Act. (e) Initial Meeting.--The Commission shall conduct its first meeting not later than the date that is 30 days after the date that appointments to the Commission have been made. (f) Chairman.--A Chairman of the Commission shall be elected by a majority of the members. SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) assess Federal agency efforts to enhance domestic preparedness for incidents involving weapons of mass destruction; (2) assess the progress of Federal training programs for local emergency responses to incidents involving weapons of mass destruction; (3) assess deficiencies in training programs for responses to incidents involving weapons of mass destruction, including a review of unfunded communications, equipment, and preplanning and maritime region needs; (4) recommend strategies for ensuring effective coordination with respect to Federal agency weapons of mass destruction response efforts, and for ensuring fully effective local response capabilities for weapons of mass destruction incidents; and (5) assess the appropriate role of State and local governments in funding effective local response capabilities. SEC. 5. REPORT. Not later than the date that is 6 months after the date of the first meeting of the Commission, the Commission shall submit a report to Congress on its findings under section 4 and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction. SEC. 6. POWERS. (a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out this Act, hold such hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel member considers advisable. (b) Information.--The Commission may secure directly from any department or agency of the United States information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this Act. SEC. 7. COMMISSION PROCEDURES. (a) Meetings.--The Commission shall meet at the call of a majority of the members. (b) Quorum.--Eight members of the Commission shall constitute a quorum other than for the purpose of holding hearings. (c) Commission.--The Commission may establish panels composed of less than full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. (d) Authority of Individuals To Act for Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. SEC. 8. PERSONNEL MATTERS. (a) Pay of Members.--Members of the Commission shall serve without pay by reason of their work on the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.--(1) The Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. (2) The Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. (d) Detail of Government Employees.--Upon request of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties. (e) Procurement of Temporary and Intermittent Services.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of pay payable for level V of the Executive Schedule under section 5316 of such title. SEC. 9. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. (a) Postal and Printing Services.--The Commission 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 United States. (b) Miscellaneous Administrative and Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 10. TERMINATION OF COMMISSION. The Commission shall terminate not later than 60 days after the date that the Commission submits its report under section 5.

Rescue and Emergency Services Prepared for Our Nation's Defense Act - Establishes the Commission to Assess Weapons of Mass Destruction Domestic Response Capabilities to: (1) assess Federal agency efforts to enhance domestic preparedness for incidents involving weapons of mass destruction and Federal training programs for local emergency responses to such incidents; (2) recommend strategies for the coordination of response efforts; (3) assess the appropriate role of State and local governments in funding local response capabilities; and (4) report to the Congress within six months after its first meeting.

Rescue and Emergency Services Prepared for Our Nation's Defense Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biotechnology Food Labeling Uniformity Act''. SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z)(1) If the food or an ingredient of the food is produced or derived from genetic engineering, unless it bears labeling stating that fact in accordance with paragraphs (3) and (4). ``(2) The provisions of this paragraph shall not apply-- ``(A) if it is a processed food and the ingredients produced from genetic engineering do not, in the aggregate, account for more than nine-tenths of 1 percent of the total weight of the processed food; ``(B) if the food would be subject to this paragraph solely because a genetically engineered vaccine was used at any point in the production of the food or the lifecycle of its agricultural inputs; or ``(C) if it is a food or processed food that would be subject to this paragraph solely because it was produced using a processing aid (including yeast) or enzyme that was produced or derived from genetic engineering. ``(3) In the case of a food that is not a food described in paragraph (4), a producer shall meet the labeling requirement under this paragraph by inserting either-- ``(A) the words `genetically engineered' or the abbreviation `GE' in parenthesis immediately following the common or usual name of each genetically engineered ingredient; ``(B) an asterisk next to the common or usual name of each genetically engineered ingredient with a statement, in a font size no smaller than the words `Ingredient List', at the bottom of the ingredient list that denotes that the ingredient or ingredients are genetically engineered; ``(C) a statement, established by the Secretary of Health and Human Services, at the bottom of the ingredient list (or if there is no such ingredient list, on the information panel of the food) that would disclose that the food is produced or partially produced with genetic engineering or contains genetically engineered ingredients; or ``(D) a symbol, established by the Secretary, that would disclose the presence of a genetically engineered ingredient or genetically engineered ingredients in the food in a clear and conspicuous manner. ``(4) In the case of a food or an ingredient of a food that is produced or derived from genetic engineering and is a raw agricultural commodity either unpackaged or packaged for retail sale, the producer complies with labeling regulations established by the Secretary of Health and Human Services, in consultation with the Secretary of Agriculture. ``(5) For purposes of this paragraph, whether a food or ingredient of a food was produced or derived from a genetically engineered plant variety or animal shall, by itself, constitute information that is material within the meaning of section 201(n).''. SEC. 3. REGULATIONS. (a) Interim Rule.--Not later than December 31, 2016, the Secretary of Health and Human Services shall issue an interim final rule regarding the implementation of section 403(z) of the Federal Food, Drug, and Cosmetic Act, as added by section 2 of this Act. (b) Proposed Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement section 403(z) of the Federal Food, Drug, and Cosmetic Act, as added by section 2 of this Act, which shall-- (1) include definitions of all relevant terms in such section 403(z); (2) be based on existing Federal regulations, State law, and international standards; and (3) be updated as needed. (c) Final Regulations.--Not later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations described in subsection (b). SEC. 4. FEDERAL PREEMPTION. (a) In General.--No State or political subdivision of a State shall impose different or additional requirements to state the presence of the same genetically engineered food or ingredients covered by this Act under the laws, regulations, requirements, or standards of such State or political subdivision of a State. (b) Scope.--Nothing in this Act, nor any amendment, regulation, rule, or requirement promulgated pursuant to this Act, shall be construed to preempt or otherwise affect the authority of a State or political subdivision of a State to enforce any action taken or requirement imposed pursuant to the authority of a State, political subdivision of a State, or local law, regulation, requirement or standard that otherwise relates to food labeling and is not described in subsection (a). (c) No Preemption of Common Law or Statutory Causes of Action.-- Nothing in this Act, nor any amendment, regulation, rule, or requirement promulgated pursuant to this Act, shall be construed to preempt, displace, or supplant any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for a criminal conduct.

Biotechnology Food Labeling Uniformity Act This bill amends the Federal Food, Drug, and Cosmetic Act to require food that contains an ingredient from a genetically modified organism (GMO) to be labeled as genetically engineered. A food is exempt from this requirement if GMO ingredients account for less than 0.9% of the food's weight. A food is not subject to this requirement solely because: (1) a genetically engineered vaccine was used at any point in the production of the food, or (2) it was produced using a processing aid or enzyme that was produced from a GMO. The labeling requirements of this bill preempt state and local labeling requirements.

Biotechnology Food Labeling Uniformity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capitalizing on American Methane Act of 2015''. SEC. 2. INCENTIVES FOR INNOVATIVE FUEL PRODUCTION THROUGH QUALIFIED METHANE CONVERSION TECHNOLOGY. (a) Inclusion of Qualified Methane Conversion Technology in Gasification Project Credit.-- (1) In general.--Paragraph (2) of section 48B(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Gasification technology.--The term `gasification technology' means-- ``(A) any process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon monoxide and hydrogen for direct use or subsequent chemical or physical conversion, and ``(B) any qualified methane conversion technology.''. (2) Qualified methane conversion technology.--Subsection (c) of section 48B of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified methane conversion technology.-- ``(A) In general.--The term `qualified methane conversion technology' means a process consisting of the molecular conversion of a fuel consisting principally of methane into hydrocarbons, and the subsequent use of such hydrocarbons, if such hydrocarbons are principally intended to be used-- ``(i) to replace or reduce the quantity of petroleum present in a fuel used in motor vehicles, motor vehicle engines, nonroad vehicles, nonroad engines, or aircraft if-- ``(I) the lifecycle greenhouse gas emissions associated with the production and combustion is, on an ongoing basis, not more than such emissions from the equivalent conventional fuel produced from conventional petroleum sources, ``(II) the sulfur concentration is not more than 2 parts per million, and ``(III) such production is at a facility which, during the taxable year, has an annual total production capacity of not more than 150,000,000 gallons of liquid transportation fuel, or ``(ii) for the production of chemicals (within the meaning of paragraph (7)(A)). ``(B) Primary purpose of facility.--If a facility uses qualified methane conversion technology to produce both fuels and chemicals, the requirements described in subparagraph (A)(i) shall apply only if the primary use of the facility is to produce fuels. ``(C) Exclusion.--The term `qualified methane conversion technology' does not include technology that is part of a facility the construction of which begins after September 30, 2025.'' (3) Increase in credit available for methane conversion projects.-- (A) In general.--Paragraph (1) of section 48B(d) of such Code is amended by striking ``plus'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, plus'', and by adding at the end the following new subparagraph: ``(C) $500,000,000 for qualifying gasification projects that rely primarily on qualified methane conversion technology. No qualifying gasification project shall receive more than $100,000,000 under the program.''. (B) Period of issuance.--Paragraph (2) of section 48B(d) of such Code is amended to read as follows: ``(2) Period of issuance.-- ``(A) In general.--A certificate of eligibility under subparagraphs (A) and (B) of paragraph (1) may be issued only before October 1, 2025. ``(B) Qualified methane conversion technology.--A certificate of eligibility under subparagraph (C) of paragraph (1) may be issued only during the 10-fiscal year period beginning on the first October 1 which is on or after the date of the enactment of this paragraph.''. (C) Selection priorities.--Paragraph (4) of section 48B(d) of such Code is amended to read as follows: ``(4) Selection priorities.-- ``(A) In general.--In determining which qualifying gasification projects, other than projects using qualified methane conversion technology, to certify under this section, the Secretary shall-- ``(i) give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions, and ``(ii) give high priority to applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)). ``(B) Chemicals projects using qualified methane conversion technology.--In determining which qualifying gasification projects that produce chemicals using qualified methane conversion technology to certify under this section, the Secretary shall give priority to projects involving a production process that has significant environmental benefits over the production of the same chemical from petroleum products.''. (b) Inclusion of Qualified Methane Conversion Technology in Alternative Fuel Credit.--Paragraph (2) of section 6426(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(H) liquid fuel produced through qualified methane conversion technology (as defined in section 48B(c)(9)(A)) at a facility the construction of which begins before October 1, 2025.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Capitalizing on American Methane Act of 2015 Amends the Internal Revenue Code to: (1) include in the tax credit for investment in a qualifying gasification project any qualified methane conversion technology, and (2) allow an alternative fuel excise tax credit for liquid fuel produced through qualified methane conversion technology at a facility the construction of which begins before October 1, 2025. Defines "qualified methane conversion technology" as a process for the molecular conversion of a fuel consisting principally of methane into hydrocarbons and the use of such hydrocarbons to replace or reduce the quantity of petroleum present in motor vehicle fuel and for the production of chemicals.

Capitalizing on American Methane Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudbury, Assabet, and Concord Wild and Scenic River Act''. SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC AND RECREATIONAL RIVERS, MASSACHUSETTS. (a) Findings.--The Congress finds the following: (1) The Sudbury, Assabet, and Concord Wild and Scenic River Study Act (title VII of Public Law 101-628; 104 Stat. 4497)-- (A) designated segments of the Sudbury, Assabet, and Concord Rivers in the Commonwealth of Massachusetts, totaling 29 river miles, for study and potential addition to the National Wild and Scenic Rivers System; and (B) directed the Secretary of the Interior to establish the Sudbury, Assabet, and Concord Rivers Study Committee (in this section referred to as the ``Study Committee'') to advise the Secretary in conducting the study and in the consideration of management alternatives should the rivers be included in the National Wild and Scenic Rivers System. (2) The study determined the following river segments are eligible for inclusion in the National Wild and Scenic Rivers System based on their free-flowing condition and outstanding scenic, recreation, wildlife, cultural, and historic values: (A) The 16.6-mile segment of the Sudbury River beginning at the Danforth Street Bridge in the town of Framingham, to its confluence with the Assabet River. (B) The 4.4-mile segment of the Assabet River from 1,000 feet downstream from the Damon Mill Dam in the town of Concord to the confluence with the Sudbury River at Egg Rock in Concord. (C) The 8-mile segment of the Concord River from Egg Rock at the confluence of the Sudbury and Assabet Rivers to the Route 3 bridge in the town of Billerica. (3) The towns that directly abut the segments, including Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford, Carlisle, and Billerica, Massachusetts, have each demonstrated their desire for National Wild and Scenic River designation through town meeting votes endorsing designation. (4) During the study, the Study Committee and the National Park Service prepared a comprehensive management plan for the segment, entitled ``Sudbury, Assabet and Concord Wild and Scenic River Study, River Conservation Plan'' and dated March 16, 1995 (in this section referred to as the ``plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the rivers' outstanding values and compatible management of their land and water resources. (5) The Study Committee voted unanimously on February 23, 1995, to recommend that the Congress include these segments in the National Wild and Scenic Rivers System for management in accordance with the plan. (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(160) Sudbury, Assabet, and Concord Rivers, Massachusetts.--(A) The 29 miles of river segments in Massachusetts, as follows: ``(i) The 14.9-mile segment of the Sudbury River beginning at the Danforth Street Bridge in the town of Framingham, downstream to the Route 2 Bridge in Concord, as a scenic river. ``(ii) The 1.7-mile segment of the Sudbury River from the Route 2 Bridge downstream to its confluence with the Assabet River at Egg Rock, as a recreational river. ``(iii) The 4.4-mile segment of the Assabet River beginning 1,000 feet downstream from the Damon Mill Dam in the town of Concord, to its confluence with the Sudbury River at Egg Rock in Concord; as a recreational river. ``(iv) The 8-mile segment of the Concord River from Egg Rock at the confluence of the Sudbury and Assabet Rivers downstream to the Route 3 Bridge in the town of Billerica, as a recreational river. ``(B) The segments referred to in subparagraph (A) shall be administered by the Secretary of the Interior in cooperation with the SUASCO River Stewardship Council provided for in the plan referred to in subparagraph (C) through cooperative agreements under section 10(e) between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions (including the towns of Framingham, Wayland, Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica). ``(C) The segments referred to in subparagraph (A) shall be managed in accordance with the plan entitled `Sudbury, Assabet and Concord Wild and Scenic River Study, River Conservation Plan', dated March 16, 1995. The plan is deemed to satisfy the requirement for a comprehensive management plan under subsection (d) of this section.''. (c) Federal Role in Management.--(1) The Director of the National Park Service or the Director's designee shall represent the Secretary of the Interior in the implementation of the plan, this section, and the Wild and Scenic Rivers Act with respect to each of the segments designated by the amendment made by subsection (b), including the review of proposed federally assisted water resources projects that could have a direct and adverse effect on the values for which the segment is established, as authorized under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)). (2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director shall offer to enter into cooperative agreements with the Commonwealth of Massachusetts, its relevant political subdivisions, the Sudbury Valley Trustees, and the Organization for the Assabet River. Such cooperative agreements shall be consistent with the plan and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of each of the segments designated by the amendment made by subsection (b). (3) The Director may provide technical assistance, staff support, and funding to assist in the implementation of the plan, except that the total cost to the Federal Government of activities to implement the plan may not exceed $100,000 each fiscal year. (4) Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a segment designated by the amendment made by subsection (b) that is not already within the National Park System shall not under this section-- (A) become a part of the National Park System; (B) be managed by the National Park Service; or (C) be subject to regulations which govern the National Park System. (d) Water Resources Projects.--(1) In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segments designated by the amendment made by subsection (b) were included in the National Wild and Scenic Rivers System, the Secretary of the Interior shall specifically consider the extent to which the project is consistent with the plan. (2) The plan, including the detailed Water Resources Study incorporated by reference in the plan and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain instream resources and potential compatibility between resource protection and possible additional water withdrawals. (e) Land Management.--(1) The zoning bylaws of the towns of Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the date of enactment of this Act, are deemed to satisfy the standards and requirements under section 6(c) of the Wild and Scenic rivers Act (16 U.S.C. 1277(c)). For the purpose of that section, the towns are deemed to be ``villages'' and the provisions of that section which prohibit Federal acquisition of lands through condemnation shall apply. (2) The United States Government shall not acquire by any means title to land, easements, or other interests in land along the segments designated by the amendment made by subsection (b) or their tributaries for the purposes of designation of the segments under the amendment. Nothing in this section shall prohibit Federal acquisition of interests in land along those segments or tributaries under other laws for other purposes. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section not to exceed $100,000 for each fiscal year. (g) Existing Undesignated Paragraphs; Removal of Duplication.-- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by striking the first undesignated paragraph after paragraph (156), relating to Elkhorn Creek, Oregon; and (2) by designating the three remaining undesignated paragraphs after paragraph (156) as paragraphs (157), (158), and (159), respectively. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Sudbury, Assabet, and Concord Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System. Requires the segments to be: (1) administered by the Secretary of the Interior through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) managed in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan which shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service to represent the Secretary in the implementation of the Conservation Plan and the provisions of the Act with respect to the segments. Authorizes the Director to provide technical assistance, staff support, and limited funding to assist in the implementation of the Plan. Authorizes appropriations.

Sudbury, Assabet, and Concord Wild and Scenic River Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Millennium National Commission on Space Act''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a National Commission on Space that will assist the United States-- (1) to define the long-range needs of the Nation that may be fulfilled through the peaceful uses of space; (2) to maintain the Nation's preeminence in space science, technology, and applications; (3) to promote the peaceful exploration and utilization of the space environment; and (4) to articulate goals and develop options for the future direction of the Nation's civilian space program in coordination with commercial space activities. SEC. 3. FINDINGS. The Congress finds and declares that-- (1) the National Aeronautics and Space Administration, the lead civilian space agency, as established in the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), has conducted a space program that has been an unparalleled success, providing significant economic, social, scientific, and national security benefits, and helping to maintain international stability and good will; (2) the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) has provided the policy framework for achieving this success, and continues to be a sound statutory basis for national efforts in space; (3) the United States has entered an era of international competition and cooperation in space, and therefore this Nation must strengthen the commitment of its public and private technical, financial, and institutional resources, so that the United States will not lose its leadership position during the coming decade; (4) the private sector is a major participant in the utilization of the space environment; (5) the Nation continues its commitment to a permanently manned space station in low Earth orbit, and future national efforts in space will benefit from the presence of such a station; (6) the separation of the civilian and military space programs is essential to ensure the continued health and vitality of both; and (7) the identification of long range goals and policy options for the United States civilian space program through a high level, representational public forum will assist the President and Congress in formulating future policies for the United States civilian space program. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) In General.--The President shall, no earlier than February 1, 2001, and no later than May 1, 2001, establish, and appoint the members of, a National Commission on Space. (b) Membership.-- (1) Appointments.--The Commission shall consist of 15 members, appointed for the life of the Commission, of whom 10 shall be appointed as follows: (A) 3 members shall be appointed from a list of 6 individuals nominated by the Majority Leader of the Senate in consultation with the chairman of the Senate Committee on Commerce, Science, and Transportation. (B) 3 members shall be appointed from a list of 6 individuals nominated by the Speaker of the House of Representatives in consultation with the chairman of the House Committee on Science. (C) 2 members shall be appointed from a list of 4 individuals nominated by the Minority Leader of the Senate in consultation with the ranking member of the Senate Committee on Commerce, Science, and Transportation. (D) 2 members shall be appointed from a list of 4 individuals nominated by the Minority Leader of the House of Representatives in consultation with the ranking member of the House Committee on Science. (2) Chairman; vice chairman.--The President shall designate 1 of the members of the Commission appointed under this subsection to serve as Chairman, and 1 of the members to serve as Vice Chairman. The Vice Chairman shall perform the functions of the Chairman in the Chairman's absence. (c) Qualifications.-- (1) In general.--The members shall be selected from among individuals from Federal, State, and local governments, industry, business, labor, academia, and the general population who, by reason of their background, education, training, or experience, possess expertise in scientific, technological, and commercial pursuits, as well as the use and implications of the use of such pursuits. (2) Federal officers or employees.--Not more than 3 members may be employees of the Federal Government. (3) First time service.--Not less than 5 members shall be individuals who have never before been appointed to serve on a Commission established by the Federal Government. (d) Compensation.--Members who are not otherwise officers or employees of the United States shall be paid at a rate equal to the daily equivalent of the minimum rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which such members are engaged in the actual performance of the duties of the Commission. While away from their homes or regular places of business, such members shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Ex Officio Members.--The President shall appoint 1 individual from each of the following Federal departments and agencies to serve as ex officio, advisory, non-voting members of the Commission (if such department or agency does not already have a member appointed to the Commission pursuant to subsection (a)): (1) National Aeronautics and Space Administration. (2) Department of State. (3) Department of Defense. (4) Department of Transportation. (5) Department of Commerce. (6) Department of Agriculture. (7) Department of the Interior. (8) National Science Foundation. (9) Office of Science and Technology Policy. (10) Department of Energy. (f) Congressional Advisory Members.--The President of the Senate shall appoint 2 advisory members of the Commission from among the Members of the Senate and the Speaker of the House of Representatives shall appoint 2 advisory members of the Commission from among the Members of the House of Representatives. Such members shall not participate, except in an advisory capacity, in the formulation of the findings and recommendations of the Commission. (g) Reimbursement of Expenses for Ex Officio and Congressional Members.--Members of the Commission appointed under subsection (e) or (f) shall not be entitled to receive compensation for service relating to the performance of the duties of the Commission, but shall be entitled to reimbursement for travel expenses incurred while in the actual performance of the duties of the Commission. (h) Staff.--The Commission shall appoint and fix the compensation of such personnel as it deems advisable. The Chairman of the Commission shall be responsible for-- (1) the assignment of duties and responsibilities among such personnel and their continuing supervision; and (2) the use and expenditures of funds available to the Commission. In carrying out the provisions of this subsection, the Chairman shall act in accordance with the general policies of the Commission. (i) Agency Assistance.--To the extent permitted by law, the Commission may secure directly from any executive department, agency, or independent instrumentality of the Federal Government any information it deems necessary to carry out its functions under this Act. Each such department, agency, and instrumentality shall cooperate with the Commission and, to the extent permitted by law and upon request of the Chairman of the Commission, furnish such information to the Commission. (j) Information-Gathering Activities.--The Commission may hold hearings, receive public comment and testimony, initiate surveys, and undertake other appropriate activities to gather the information necessary to carry out its activities under section 5 of this Act. (k) Detailed Employees.-- (1) Authority to detail.--Upon request of the chairman of the Commission, the head of any Federal department or agency may detail any of the personnel of the department or agency to the Commission to assist it in carrying out its duties under this Act. (2) Reimbursement.--Any Federal Government employee may be detailed to the Commission with or without reimbursement, and any such detail shall be without interruption or loss of civil service status or privilege. (l) Support and Assistance.-- (1) Support.--The Office of Science and Technology Policy shall provide support services to the Commission. (2) Assistance.--The Comptroller General of the United States may provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (m) Other Authority.--The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. The Commission shall give public notice of any such contract before entering into that contract. (n) Applicability of FACA.--Except as otherwise provided in this Act, the Commission is subject to the Federal Advisory Committee Act (5 U.S.C. App.). (o) Funding.--There are authorized to be appropriated to the Commission $2,500,000 for fiscal year 2001, and $5,000,000 for fiscal year 2002, to carry out its duties under this Act. (p) Sunset.--The Commission shall cease to exist 60 days after it has submitted the plan required by section 5(c) of this Act. SEC. 5. STUDY AND REPORT. (a) Study.--The Commission shall study existing and proposed space activities and formulate an agenda for the United States civilian space program. The Commission shall identify long range goals, opportunities, and policy options for United States civilian space activity for the next 20 years. In carrying out this responsibility, the Commission shall take into consideration-- (1) the Nation's plans for a permanently manned space station in low Earth orbit; (2) present and future scientific, economic, social, environmental, and foreign policy needs of the United States, and methods by which space science, technology, and applications initiatives might address those needs; (3) the adequacy of the Nation's public and private capability in fulfilling the needs identified in paragraph (2); (4) how a cooperative interchange between Federal agencies on research and technology development, and technology transfer programs can benefit the civilian space program; (5) opportunities for, and constraints on, the use of outer space toward the achievement of Federal program objectives or national needs; (6) current and emerging issues and concerns that may arise through the utilization of space research, technology development, and applications; (7) the Commission shall analyze the findings of the reviews specified in paragraphs (1) through (6) of this subsection, and develop options and recommendations for a long range national civilian space policy plan. (b) Estimates of Requirements.--Options and recommendations submitted in accordance with subsection (c) of this section shall include, to the extent appropriate, an estimate of costs and time schedules, institutional requirements, and statutory modifications necessary for implementation of such options and recommendations. (c) Report.--Within 15 months after the date of the establishment of the Commission, the Commission shall submit to the President and to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives, a long range plan for United States civilian space activity incorporating the results of the studies conducted under this section, together with recommendations for such legislation as the Commission determines to be appropriate. D23/

Requires the Commission to identify long range goals, opportunities, and policy options for U.S. civilian space activity for the next 20 years and to develop options and recommendations for a long range national civilian space policy plan. Authorizes appropriations.

Millennium National Commission on Space Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electricity Storage Innovation Act''. SEC. 2. ELECTRICITY STORAGE BASIC RESEARCH INITIATIVE. (a) Amendment.--Section 975 of the Energy Policy Act of 2005 (42 U.S.C. 16315) is amended to read as follows: ``SEC. 975. ELECTRICITY STORAGE BASIC RESEARCH INITIATIVE. ``(a) Initiative.-- ``(1) In general.--The Secretary shall carry out a research initiative, to be known as the Electricity Storage Basic Research Initiative, to expand theoretical and fundamental knowledge to control, store, and convert electrical energy to chemical energy and the inverse. This initiative shall support scientific inquiry into the practical understanding of chemical and physical processes that occur within systems involving crystalline and amorphous solids, polymers, and organic and aqueous liquids. ``(2) Leveraging.--The Secretary shall leverage expertise and resources from the Basic Energy Sciences Program, Advanced Scientific Computing Research Program, and Biological and Environmental Research Program within the Office of Science, and the Office of Energy Efficiency and Renewable Energy, as provided under subsections (b), (c), and (d). ``(3) Teams.--The Secretary shall organize activities under the Electricity Storage Basic Research Initiative to include multidisciplinary teams leveraging expertise from the National Laboratories, universities, and the private sector to the extent practicable. These multidisciplinary teams shall pursue aggressive, milestone-driven basic research goals. The Secretary shall provide sufficient resources for those teams to achieve those goals over a period of time to be determined by the Secretary. ``(4) Additional activities.--The Secretary is authorized to organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures. ``(b) Multivalent Systems.-- ``(1) In general.--The Secretary shall, as part of the Electricity Storage Basic Research Initiative, carry out a program to support research needed to bridge scientific barriers and discover knowledge relevant to multivalent ion materials in electric energy storage systems. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall investigate electrochemical properties and the dynamics of materials, including charge transfer phenomena and mass transport in materials. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (e), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $50,000,000 from funds within the Basic Energy Sciences Program account; and ``(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(c) Electrochemistry Modeling and Simulation.-- ``(1) In general.--The Secretary shall, as part of the Electricity Storage Basic Research Initiative, carry out a program to support research to model and simulate organic electrolytes, including their static and dynamic electrochemical behavior and phenomena at the molecular and atomic level in monovalent and multivalent systems. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall, in coordination with the Associate Director of Advanced Scientific Computing Research, support the development of high performance computational tools through a joint development process to maximize the effectiveness of current and projected high performance computing systems. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (e), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $30,000,000 from funds within the Basic Energy Sciences Program and Advanced Scientific Computing Research Program accounts; and ``(ii) $15,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(d) Mesoscale Electrochemistry.-- ``(1) In general.--The Secretary shall, as part of the Electricity Storage Basic Research Initiative, carry out a program to support research needed to reveal electrochemistry in confined mesoscale spaces, including scientific discoveries relevant to bio-electrochemistry and electrochemical energy conversion and storage in confined spaces and the dynamics of these phenomena. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences and the Associate Director of Biological and Environmental Research shall investigate phenomena of mesoscale electrochemical confinement for the purpose of replicating and controlling new electrochemical behavior. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (e), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $20,000,000 from funds within the Basic Energy Sciences Program and the Biological and Environmental Research Program accounts; and ``(ii) $10,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(e) Funding.--No additional funds are authorized to be appropriated under this section. This section shall be carried out using funds otherwise authorized by law.''. (b) Table of Contents Amendment.--The item relating to section 975 in the table of contents of such Act is amended to read as follows: ``Sec. 975. Electricity Storage Basic Research Initiative.''. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

Electricity Storage Innovation Act (Sec. 2)This bill requires the Department of Energy (DOE)to establish the Electricity Storage Basic Research Initiative. The initiative is designed to expand knowledge related to thecontrol, storage, and conversion ofelectrical energy into chemical energy, and chemical energy into electrical energy. DOEmust support specific programs within its Office of Science and Office of Energy Efficiency and Renewable Energy as part of the initiative. In addition, DOE must organize activities under the initiative utilizing research teams consisting ofexperts from the national laboratories, universities, and theprivate sector.

Electricity Storage Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Review Cooperation Act''. SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY DEMONSTRATION PROGRAM. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Use of State environmental laws ``(a) Demonstration Program.--Subject to the requirements of this section, the Secretary shall carry out a demonstration program to permit an eligible State or a unit of local government in the State to carry out the responsibilities of the Secretary with respect to highway projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) through the implementation of the environmental laws of such State instead of Federal environmental laws. ``(b) Eligible States and Local Governments.--The Secretary may permit a State or a unit of local government in the State to participate in the demonstration program only if the Secretary determines, after reviewing the environmental laws of the State and such other materials as the Secretary may require, that-- ``(1) the environmental laws of the State provide a substantially equivalent level of environmental protection as applicable Federal laws; ``(2) participation by the State or a unit of local government in the State in the demonstration program will not diminish protection of the environment; and ``(3) the head of the State agency having primary jurisdiction over highway matters or the head of a unit of local government in the State having primary jurisdiction over highway matters in that unit enters into a written agreement with the Secretary described in subsection (d). ``(c) Final Determination.--The Secretary shall make the final determination with regard to the participation of a State or a unit of local government in the State in the demonstration program within 6 months after the date of enactment of the Environmental Review Cooperation Act. ``(d) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction or the head of a unit of local government in the State having primary jurisdiction over highway matters in that unit; ``(2) be in such form as the Secretary may prescribe; ``(3) provide that the State or the unit of local government-- ``(A) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); ``(B) expressly consents, on behalf of the State or the unit of local government, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State or the unit of local government; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State or the unit of local government to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(e) Audits.-- ``(1) In general.--To ensure compliance by a State or a unit of local government with any requirements for participating in the program under this section, the Secretary shall conduct-- ``(A) semiannual audits during each of the first 2 years of participation in the program; and ``(B) annual audits during each subsequent year of participation in the program. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the Secretary shall respond to public comments received under subparagraph (A). ``(f) Report to Congress.-- ``(1) In general.--Not later than 2 years after the date on which the first State is selected for participation in the demonstration program, and annually thereafter, the Secretary shall submit to Congress, and make available to the public, a report on the results of the demonstration program. ``(2) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(A) A list identifying how many projects have been approved and completed under the demonstration program. ``(B) An assessment of whether delays were reduced and project delivery was enhanced as a result of the demonstration program. ``(C) An assessment of whether there have been any adverse impacts or risks to the environment as a result of the demonstration program. ``(g) Termination.-- ``(1) In general.--Except as provided in paragraph (2), the program shall terminate on the date that is 7 years after the date of enactment of this section. ``(2) Termination by secretary.--The Secretary may terminate the participation of any State or unit of local government in the program if-- ``(A) the Secretary determines that the State or unit of local government is not adequately carrying out the responsibilities assigned to the State or unit of local government, respectively; ``(B) the Secretary provides to the State or unit of local government-- ``(i) notification of the determination of noncompliance; and ``(ii) a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and ``(C) the State or unit of local government, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.''. (b) Conforming Change.--The analysis for chapter 3 of title 23, United States Code, is amended by adding after the item related to section 329 the following: 330. Use of State environmental laws. SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM. Section 327 of title 23, United States Code, is amended-- (1) in the section heading by striking ``pilot''; (2) in subsection (a)(1) by striking ``pilot''; (3) in subsection (a)(2)-- (A) in subparagraph (B) by striking clause (ii) and inserting the following: ``(ii) the Secretary may not assign any responsibility imposed on the Secretary by section 134 or 135.''; and (B) by adding at the end the following: ``(F) Preservation of flexibility.--The Secretary shall not require a State, as a condition of participation in this program, to forego project delivery methods that are otherwise permissible for highway projects. ``(G) Highway project.--A highway project under subparagraph (A) includes any project eligible under this title. With respect to such a project, a State may assume the responsibilities administered by the Federal Highway Administration, but the State may not assume the responsibilities of any other modal administration within the Department.''; (4) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Participating states.-- ``(A) In general.--All States are eligible to participate in the program. ``(B) Special rule.--Any State participating in the program under this section on September 30, 2009, shall be permitted by the Secretary to continue to participate in the program and such State shall not have to submit an application under paragraph (2) in order to participate in the program.''; and (B) in paragraph (2) by striking ``this section, the Secretary shall promulgate'' and inserting ``the Environmental Review Cooperation Act, the Secretary shall amend, as appropriate,''; and (5) by striking subsection (i) and inserting the following: ``(i) Termination.--The Secretary may terminate the participation of any State in the program if-- ``(1) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; ``(2) the Secretary provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under paragraph (2), fails to take satisfactory corrective action, as determined by Secretary.''.

Environmental Review Cooperation Act - Directs the Secretary of Transportation (DOT) to carry out a demonstration program to allow a state or local government to assume the Secretary's responsibilities for environmental review and approval of highway projects under the National Environmental Policy Act of 1969 through implementation of the state's environmental laws instead of federal environmental laws. Authorizes the Secretary to allow a state or local government to participate in the demonstration program only if: (1) the state's environmental laws provide a substantially equivalent level of environmental protection as applicable federal laws, (2) program participation by the state or local government will not diminish protection of the environment, and (3) the head of the state agency or local government with primary jurisdiction over highway matters enters into a written agreement with the Secretary. Revises and makes permanent the surface transportation project delivery pilot program. Prohibits the Secretary from requiring a state, as a condition of participation in the program, to forego project delivery methods otherwise permissible for highway projects. Authorizes a state to assume highway project responsibilities administered by the Federal Highway Administration (FHWA), but not the responsibilities of any other modal administration within DOT. Repeals the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by all states. Prescribes a special rule to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application.

To amend title 23, United States Code, to modify the surface transportation project delivery pilot program to carry out a demonstration program using State environmental laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``20/20 Biofuels Challenge Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Alternative fuel.--The term ``alternative fuel'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). (3) Cellulosic biomass ethanol.-- (A) In general.--Subject to subparagraph (B), the term ``cellulosic biomass ethanol'' means alternative fuels and blending components for alternative fuels that are derived from cellulosic biomass feedstocks and remain substantially in the liquid phase at room temperature and atmospheric pressure. (B) Exception.--If a liquid alternative fuel contains components that are not derived from cellulosic biomass feedstocks, only the portion of any such fuels or fuel blending components that is derived from cellulosic biomass feedstocks shall be considered applicable. (4) Cellulosic biomass feedstock.--The term ``cellulosic biomass feedstock'' means fuel derived from-- (A) any lignocellulosic or hemicellulosic matter that is derived from organic material of a plant that is planted for the purpose of producing energy (except a plant produced on land enrolled in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), if harvesting the plant would be inconsistent with the purposes of the program); or (B) nonhazardous lignocellulosic or hemicellulosic matter that is segregated from other waste materials and is derived from-- (i) trees and other plant matter removed from the immediate vicinity of homes, other occupied structures, or essential community infrastructure; (ii) precommercial thinning, slash, or brush (except thinning, slash, or brush from old growth forests or publicly-owned roadless areas); (iii) an agricultural crop, a crop byproduct, or a residue resource (except a plant produced on land enrolled in the conservation reserve program, if harvesting the plant would be inconsistent with the purposes of the program); or (iv) miscellaneous waste (such as landscape or right-of-way tree trimmings), not including-- (I) recyclable postconsumer waste paper, including such paper in municipal solid waste; (II) painted, treated, or pressurized wood; or (III) wood that is contaminated by plastic or metal. (5) Renewable fuel.-- (A) In general.--The term ``renewable fuel'' means motor vehicle fuel that-- (i)(I) is produced from grain, starch, oilseeds, or other biomass; or (II) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and (ii) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (B) Inclusion.--The term ``renewable fuel'' includes-- (i) biodiesel, as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)); (ii) cellulosic biomass ethanol; (iii) waste derived ethanol; and (iv) any blending components derived from renewable fuel, except that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this Act. (6) Waste derived ethanol.--The term ``waste derived ethanol'' means ethanol derived from-- (A) animal wastes, including poultry fats and poultry wastes, and other waste materials; or (B) municipal solid waste. SEC. 3. RENEWABLE FUEL STANDARD. (a) Renewable Fuel Program.-- (1) In general.-- (A) Regulations.--Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate regulations ensuring that motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains the applicable volume of renewable fuel specified in subsection (b). (B) Compliance.--Regardless of the date of promulgation, the regulations shall contain compliance provisions for refiners, blenders, and importers, as appropriate, to ensure that the requirements of this subsection are met, unless the Administrator determines compliance will violate the Clean Air Act (42 U.S.C. 7401 et seq.). (b) Applicable Volume.-- (1) Calendar years 2006 through 2020.--For the purpose of subsection (a), the applicable volume for each of calendar years 2006 through 2020 shall be determined in accordance with the following table: Calendar year: (In billions of gallons): 2006............................ 4 2008............................ 5 2010............................ 7 2010............................ 9 2014............................ 12 2016............................ 15 2018............................ 18 2020............................ 20. (2) Calendar years 2020 and thereafter.--For the purpose of subsection (a), the applicable volume for calendar year 2020 and each calendar year thereafter shall be no less than 20,000,000,000 gallons annually. (3) Equivalency.--For the purpose of paragraph (2), 1 gallon of either cellulosic biomass ethanol shall be considered to be the equivalent of 3.5 gallons of renewable fuel. SEC. 4. STIMULATION OF BIODIESEL PRODUCTION. Sections 40A(e), 6426(c)(6), and 6427(e)(4)(B) of the Internal Revenue Code of 1986 (as amended by section 1344 of the Energy Policy Act of 2005(a)) are each amended by striking ``2008'' and inserting ``2010''. SEC. 5. FULL FUEL FLEXIBILITY REQUIREMENT. (a) In General.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``SEC. 32902A. REQUIREMENT TO EQUIP GASOLINE AND DIESEL POWERED VEHICLES TO USE ALTERNATIVE BIOFUELS. ``(a) Definitions.--In this section: ``(1) Flexible fuel mixture.--The term `flexible fuel mixture' means-- ``(A) any mixture of ethanol with gasoline for a gasoline powered vehicle; or ``(B) any mixture of biodiesel by volume with fossil-based diesel fuel for a diesel powered vehicle. ``(2) Vehicle.--The term `vehicle' includes-- ``(A) a passenger automobile; ``(B) an automobile capable of off-highway operation as defined in section 523.5 of title 49, Code of Federal Regulations (or any successor regulation); ``(C) a light truck, as defined in section 523.5 of title 49, Code of Federal Regulations (or any successor regulation); ``(D) a heavy vehicle, including trucks used for shipping; and ``(E) a large farm implement that operates on either gasoline or diesel fuels. ``(3) Water transportation.-- ``(A) In general.--The term `water transportation' includes those vehicles used primarily in the transportation of people, goods, and services over significant distances and includes-- ``(i) public and commercial waterborne ferrys; and ``(ii) barges whose primary use is the transport of goods and services related to interstate and international commerce. ``(B) Exclusion.--The term `water transportation' does not include watercraft the primary use of which is for personal recreational benefit. ``(b) Requirement.--Personal and commercial land and water transportation and shipping vehicles and vessels and large farm equipment manufactured after model year 2010 and capable of operating on either gasoline or diesel fuel shall also be capable of operating on a flexible fuel mixture. ``(c) Consumer Information.--The Secretary of Transportation shall prescribe regulations that require the vehicle or vessel manufacturer-- ``(1) to prominently display a permanent badge or emblem on the vehicle indicating the vehicle is capable of operating on a flexible fuel mixture; and ``(2) to include in the owner's manual of each vehicle information describing-- ``(A) the capability of the engine to operate using a flexible fuel mixture; and ``(B) the benefits of using a flexible fuel mixture, including the renewable nature, the increased fuel efficiency, and the environmental benefits of using flexible fuels.''. (b) Conforming Amendment.--The chapter analysis for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to equip gasoline and diesel powered vehicles to use alternative biofuels.''. SEC. 6. FEEDSTOCK DIVERSIFICATION. (a) Crop Diversification.-- (1) In general.--The Secretary of Agriculture shall support development of cellulosic feedstock by directing that erosion preventing, renewable fuel producing crops (including switchgrass and short rotation woody crops) be grown, where possible, on the 35,000,000 acres of arable land in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (2) Study.--The Secretary of Agriculture shall conduct a study to determine the impact of producing crops necessary for annual biofuel production levels of 20,000,000,000 gallons on land and on the cost and production of food, forest products, and livestock feed. (b) Research and Development.-- (1) Department of agriculture.-- (A) Cellulosic-based ethanol feedstock.-- (i) In general.--The Secretary of Agriculture (referred to in this paragraph as the ``Secretary'') shall carry out an integrated 10-year research program to improve crop productivity and cost for cellulosic-based ethanol feedstock. (ii) Plan.--Not later than September 30, 2006, the Secretary shall submit to Congress a 10-year technology roadmap and comprehensive 5- year research and development plan that includes-- (I) a description of ongoing work within the Department of Agriculture and other Federal agencies; (II) recommendations for acceleration of current work considered to support the plan; and (III) a description of new work necessary to accomplish plan goals and objectives. (iii) Annual report.--Beginning on September 30, 2008, and not later than September 30 of each subsequent year, the Secretary shall submit to Congress a report that-- (I) summarizes accomplishments and progress made in the 5-year plan; and (II) describes any revisions to the plan or the technology roadmap. (B) Biodiesel feedstock.-- (i) In general.--The Secretary shall carry out an integrated 10-year research program to improve crop diversity, productivity, and cost for biodiesel feedstock. (ii) Plan.--Not later than September 30, 2006, the Secretary shall submit to Congress a 10-year technology roadmap and comprehensive 5- year research and development plan that includes-- (I) a description of regional feedstocks enabling near market production of biodiesel; (II) a description of ongoing work within the Department of Agriculture and other Federal agencies; (III) recommendations for acceleration of current work considered to support the plan; and (IV) a description of new work necessary to accomplish plan goals and objectives. (iii) Annual report.--Beginning on September 30, 2008, and not later than September 30 of each subsequent year, the Secretary shall submit to Congress a report that-- (I) summarizes accomplishments and progress made in the 5-year plan; and (II) describes any revisions to the plan or the technology roadmap. (2) Department of energy.-- (A) Cellulosic feedstock.-- (i) In general.--The Secretary of Energy (referred to in this paragraph as the ``Secretary'') shall carry out an 8-year research and development plan to significantly improve processes for converting cellulosic feedstock into ethanol production. (ii) Plan.--Not later than September 30, 2006, the Secretary shall submit to Congress a report describing the plan. (iii) Annual report.--Beginning on September 30, 2008, and not later than September 30 of each subsequent year, the Secretary shall submit to Congress a report that-- (I) summarizes accomplishments and progress made in the 8-year plan; and (II) describes any revisions to the plan or the technology roadmap. (B) Biodiesel feedstock.-- (i) In general.--The Secretary shall carry out an 8-year research and development plan to significantly improve processes for converting biodiesel feedstock into biodiesel fuel. (ii) Plan.--Not later than September 30, 2006, the Secretary shall submit to Congress a report describing the plan. (iii) Annual report.--Beginning on September 30, 2008, and not later than September 30 of each subsequent year, the Secretary shall submit to Congress a report that-- (I) summarizes accomplishments and progress made in the 8-year plan; and (II) describes any revisions to the plan or the technology roadmap. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out each of subparagraphs (A) and (B) of paragraph (1) and each of subparagraphs (A) and (B) of paragraph (2) $50,000,000 for each of fiscal years 2006 through 2010.

20/20 Biofuels Challenge Act of 2005 - Directs the Administrator of the Environmental Protection Agency to promulgate regulations ensuring that motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains specified volumes of renewable fuel for calendar years 2006-2020. Amends federal transportation law to require that personal and commercial land and water transportation and shipping vehicles and vessels, as well as large farm equipment manufactured after model year 2010, and capable of operating on either gasoline or diesel fuel, also be capable of operating on a flexible fuel mixture. Directs the Secretary of Transportation to prescribe regulations requiring a vehicle or vessel manufacturer to include certain consumer information concerning a vehicle's capability of operating on a flexible fuel mixture (alternative biofuels). Directs the Secretary of Agriculture to: (1) support development of cellulosic feedstock by directing that erosion-preventing, renewable fuel-producing crops be grown on certain arable land in a specified conservation reserve program established under the Food Security Act of 1985; and (2) implement an integrated 10-year research program to improve crop productivity and cost for cellulosic-based ethanol and biodiesel feedstock. Instructs the Secretary of Energy to implement an eight-year research and development plan to improve significantly processes for converting: (1) cellulosic feedstock into ethanol production; and (2) biodiesel feedstock into biodiesel fuel.

A bill to increase the production and use of biofuels and diversify biofuel feedstock as key elements to achieving energy independence for the United States.

SECTION 1. FINDINGS. The Congress finds as follows: (1) In 2005, the oil industry recorded revenues of $1,620,000,000,000, and profits for the industry totaled almost $140,000,000,000. (2) In 2005, multilateral development institutions such as those in the World Bank Group, and United States agencies such as the Export-Import Bank of the United States and the United States Overseas Private Investment Corporation, alone provided more than $3,000,000,000 in financing to the international oil and gas industry, including major oil companies. (3) Limited public resources for international finance and development assistance should support the many critical needs of developing countries, not the international oil and gas industry which has significant access to private capital markets. (4) Providing financing to oil and gas operations overseas increases the dependence of the United States on oil and gas imported from these operations. (5) Providing financing to oil and gas operations overseas increases the dependence of the developing world on oil and gas imported from these operations. (6) Oil and gas production in developing countries has generally not alleviated poverty, but has instead been widely associated with increased levels of poverty and economic inequality. (7) Oil and gas production has often exacerbated poor governance, corruption and conflict in many developing countries. (8) Oil and gas production has historically led to increased levels of developing country debt due to these countries' reliance on external debt financing to provide infrastructure for oil and gas extraction projects. (9) Emissions from combustion of oil and gas account for just over one-third of all global greenhouse gas emissions. (10) While the vast majority of greenhouse gas emissions have occurred in the wealthy countries belonging to the Organization for Economic Cooperation and Development, it will be the poorest countries, who can least afford to adapt to a changing climate, who will suffer first and worst. (11) Following a 2-year multi-stakeholder process that evaluated the effects of international oil projects on developing country poverty, local environments, and global climate, the Extractive Industries Review by the World Bank Group recommended an end to financing of oil projects by the World Bank Group by 2008. SEC. 2. EXPORT-IMPORT BANK. Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the following: ``(14) Prohibition on financing for oil and gas projects.-- ``(A) In general.--The Bank may not guarantee, insure, or extend (or participate in an extension of) credit-- ``(i) in connection with an oil or gas project; or ``(ii) to any entity that may use the guarantee, insurance, or credit to finance such a project. ``(B) Oil or gas project defined.--The term `oil or gas project' means an oil or gas field development project (including surveying and extraction), processing facility, pipeline, or terminal, or other oil or gas production or distribution operation or facility.''. SEC. 3. OVERSEAS PRIVATE INVESTMENT CORPORATION. Section 237 of the Foreign Assistance Act of 1961 (22 U.S.C. 2197) is amended by adding at the end the following new subsection: ``(p) Restriction on Insurance and Finance for Oil and Gas Projects.-- ``(1) Restriction on insurance and financing of projects directly.--The Corporation may not issue any contract of insurance or reinsurance, or any guarantee, or enter into any agreement to provide financing, for a proposed investment that involves an oil or gas project. ``(2) Restriction on insurance and financing for projects indirectly.--The Corporation may not issue any contract of insurance or reinsurance, or any guarantee, or enter into any agreement to provide financing to any person if such insurance, reinsurance, or financing may be used by that person to insure or provide any form of financing to an oil or gas project. ``(3) Oil or gas project defined.--In this subsection, the term `oil or gas project' means an oil or gas field development project (including surveying and extraction), processing facility, pipeline, or terminal, or other oil or gas production or distribution operation or facility.''. SEC. 4. MULTILATERAL DEVELOPMENT BANKS. (a) In General.--Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the following: ``SEC. 1626. OPPOSITION TO ASSISTANCE FOR OIL OR GAS PROJECTS. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development institution (as defined in section 1701(c)(3)) to use the voice and vote of the United States to oppose the provision by the respective bank of any kind of assistance, directly or indirectly, to any oil and gas field development project, surveying or extraction activity, processing facility, pipeline, or terminal, or other oil and gas production or distribution operation or facility. ``(b) Assistance Defined.--The term `assistance' means any grant, loan, direct or indirect extension of credit, technical assistance, or guarantee, or any other non-lending support or extension financing, insurance, or reinsurance.''. (b) Annual Reports to the Congress.--Not later than June 1 of each calendar year, the Secretary of the Treasury shall submit to the Committees on Financial Services and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate, and make available on the website of the Department of the Treasury, a report which identifies and describes, with respect to each multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act), any assistance approved by the institution during the preceding fiscal year for any oil or gas project, and any other financial or other assistance, including sectoral lending, provided to the energy sector. SEC. 5. REPORT ON UNITED STATES ASSISTANCE TO SUPPORT THE OIL AND GAS SECTORS OF DEVELOPING COUNTRIES. Not later than 180 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall submit to Congress a report on the amount of assistance provided under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support the oil and gas sectors of developing countries for fiscal year 2007. The report shall include the name of each country that received assistance described in the preceding sentence and a description of the specific type and amount of assistance provided to the country. SEC. 6. ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT. The President shall inform the Organization for Economic Cooperation and Development that it is the policy of the United States that the member states of the Organization should prohibit their export credit agencies from providing financing or other assistance to any oil or gas project. SEC. 7. STUDY OF ENERGY SECTOR LENDING. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Financial Services and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the financing and other assistance provided to the energy sector (including the extraction, development, and use of fossil fuels and other fuel sources) by multilateral development institutions (as defined in section 1701(c)(3) of the International Financial Institutions Act), the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and the United States Agency for International Development. The report shall include analyses of-- (1) whether the energy projects and sectors receiving financing and other assistance contribute to greenhouse gas emissions; (2) the life cycle environmental impacts of the projects receiving the financing or other assistance; and (3) the extent to which the financing and other assistance has been used to facilitate the provision of energy to impoverished populations, including by means of renewable energy sources. SEC. 8. DEFINITIONS. In this Act: (1) Assistance.--The term ``assistance'' means any grant, loan, direct or indirect extension of credit, technical assistance, or guarantee, or any other non-lending support or extension financing, insurance, or reinsurance. (2) Oil or gas project.--The term ``oil or gas project'' means an oil or gas field development project (including surveying and extraction), processing facility, pipeline, or terminal, or other oil or gas production or distribution operation or facility.

Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank of the United States from guaranteeing, insuring, or extending credit: (1) in connection with an oil or gas project; or (2) to any entity that may use the guarantee, insurance, or credit to finance such a project. Amends the Foreign Assistance Act of 1961 to prohibit the Overseas Private Investment Corporation from issuing any contract of insurance or reinsurance or any guarantee, or entering into any financing agreement for an oil or gas project, or to taking such actions respecting any person who will insure or finance such project. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to use U.S. influence to oppose multilateral development institution assistance to gas or oil development projects.

To prevent public financing of oil or gas field development projects, surveying or extraction activities, processing facilities, pipelines, or terminals, or other oil and gas production or distribution operations or facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Discrimination Resolution and Adjudication Act''. SEC. 2. EQUAL EMPLOYMENT RESPONSIBILITIES IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--(1) Chapter 5 of title 38, United States Code, is amended by inserting at the end of subchapter I the following new section: ``Sec. 516. Equal employment responsibilities ``(a) The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employees and other interested parties as being objective, fair, and effective. ``(b) The Secretary shall provide-- ``(1) that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary for complaint resolution management; and ``(2) that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and control of the Director of the facility with respect to those functions. ``(c) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and section 319 of this title. ``(d) The Secretary shall impose appropriate disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimination, including retaliation against an employee asserting rights under an equal employment opportunity law. ``(e) The number of employees of the Department whose duties include equal employment opportunity counseling functions as well as other, unrelated functions may not exceed 40 full-time equivalent employees. Any such employee may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations (as determined by the Secretary). The Secretary may waive the limitation in the preceding sentence in specific cases. ``(f) The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 515 the following new item: ``516. Equal employment responsibilities.''. (b) Reports on Implementation.--The Secretary of Veterans Affairs shall submit to Congress reports on the implementation and operation of the equal employment opportunity system within the Department of Veterans Affairs. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000. Each such report shall set forth the actions taken by the Secretary to implement section 516 of title 38, United States Code, as added by subsection (a), and other actions taken by the Secretary in relation to the equal employment opportunity system within the Department of Veterans Affairs. SEC. 3. DISCRIMINATION COMPLAINT ADJUDICATION AUTHORITY IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 319. Office of Employment Discrimination Complaint Adjudication ``(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director. ``(2) The Director shall be a career appointee in the Senior Executive Service. ``(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office. ``(b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner. ``(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision. ``(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon. ``(d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of General Counsel. ``(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. ``(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``319. Office of Employment Discrimination Complaint Adjudication.''. (b) Reports on Implementation.--The Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs (established by section 319 of title 38, United States Code, as added by subsection (a)) shall submit to the Secretary and to Congress reports on the implementation and the operation of that office. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000. SEC. 4. EFFECTIVE DATE. Sections 516 and 319 of title 38, United States Code, as added by sections 2 and 3 of this Act, shall take effect 90 days after the date of the enactment of this Act. SEC. 5. INDEPENDENT PANEL TO REVIEW EQUAL EMPLOYMENT OPPORTUNITY AND SEXUAL HARASSMENT PROCEDURES WITHIN THE DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--There is hereby established a panel to review the equal employment opportunity and sexual harassment practices and procedures within the Department of Veterans Affairs and to make recommendations on improvements to those practices and procedures. (b) Panel Functions Relating to Equal Employment Opportunity and Sexual Harassment.--The panel shall assess the culture of the Department of Veterans Affairs in relationship to the issues of equal employment opportunity and sexual harassment, determine the effect of that culture on the operation of the Department overall, and provide recommendations as necessary to change that culture. As part of the review, the panel shall do the following: (1) Determine whether laws relating to equal employment opportunity and sexual harassment, as those laws apply to the Department of Veterans Affairs, and regulations and policy directives of the Department relating to equal employment opportunity and sexual harassment have been consistently and fairly applied throughout the Department and make recommendations to correct any disparities. (2) Review practices of the Department of Veterans Affairs, relevant studies, and private sector training and reporting concepts as those practices, studies, and concepts pertain to equal employment opportunity, sexual misconduct, and sexual harassment policies and enforcement. (3) Provide an independent assessment of the Report on the Equal Employment Opportunity Complaint Process Review Task Force of the Department. (c) Composition.--(1) The panel shall be composed of six members, appointed as follows: (A) Three members shall be appointed jointly by the chairman and ranking minority party member of the Committee on Veterans' Affairs of the House of Representatives. (B) Three members shall be appointed jointly by the chairman and ranking minority party member of the Committee on Veterans' Affairs of the Senate. (2) The members of the panel shall choose one of the members to chair the panel. (d) Qualifications.--Members of the panel shall be appointed from among private United States citizens with knowledge and expertise in one or more of the following: (1) Extensive prior military experience, particularly in the area of personnel policy management. (2) Extensive experience with equal employment opportunity complaint procedures, either within Federal or State government or in the private sector. (3) Extensive knowledge of the Department of Veterans Affairs, and particularly knowledge of personnel practices within the Department. (e) Reports.--(1) Not later than six months after the members of the panel are appointed, the panel shall submit an interim report on its findings and conclusions to the Committees on Veterans' Affairs of the Senate and House of Representatives. (2) Not later than one year after establishment of the panel, the panel shall submit a final report to the Committees on Veterans' Affairs of the Senate and House of Representatives. The final report shall include an assessment of the equal employment opportunity system and the culture within the Department of Veterans Affairs, with particular emphasis on sexual harassment. The panel shall include in the report recommendations to improve the culture within the Department. (f) Pay and Expenses of Members.--(1) Each member of the panel shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the panel. (2) The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the panel. (g) Administrative Support.--The Chairman may hire such staff as necessary to accomplish the duties outlined under this title. (h) Funding.--The Secretary of Veterans Affairs shall, upon the request of the panel, make available to the panel such amounts as the panel may require, not to exceed $400,000, to carry out its duties under this title. (i) Termination of Panel.--The panel shall terminate 60 days after the date on which it submits its final report under subsection (e)(2). Passed the House of Representatives October 6, 1997. Attest: ROBIN H. CARLE, Clerk.

Department of Veterans Affairs Employment Discrimination Resolution and Adjudication Act - Directs the Secretary of Veterans Affairs to provide that the employment discrimination complaint resolution system within the Department of Veterans Affairs be established and administered so as to encourage timely and fair resolution of concerns and complaints and that the system is administered in an objective, fair, and effective manner as perceived by Department employees. Directs the Secretary to impose appropriate disciplinary measures for Department employees who engage in unlawful employment discrimination, including retaliation against employees asserting equal employment opportunity (EEO) rights. Limits to 40 the number of Department employees whose duties include EEO counseling functions as well as other unrelated functions. Allows such splitting of functions only at Department facilities located in remote geographic locations. Directs the Secretary to submit to the Congress reports on the implementation and operation of the EEO system within the Department. Establishes in the Department an Office of Employment Discrimination Complaint Adjudication headed by a Director who shall be responsible for making final agency decisions on the merits of any unlawful employment discrimination complaints filed by a Department employee. Requires the Director to report to the Secretary or Deputy Secretary of Veterans Affairs when the Director has reason to believe that there has been retaliation against an employee asserting EEO rights. Requires the Director to submit to the Secretary and the Congress reports on the implementation and operation of the Office. Establishes an independent panel to review and report to the veterans' committees on the EEO and sexual harassment practices and procedures within the Department and to make recommendations on improvements.

Department of Veterans Affairs Employment Discrimination Resolution and Adjudication Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunting Heritage Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) hunting is an important and traditional recreational activity in which 13,000,000 people in the United States 16 years of age and older participate; (2) hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States; (3) persons who hunt and organizations relating to hunting provide direct assistance to wildlife managers and enforcement officers of the Federal Government and State and local governments; (4) purchases of hunting licenses, permits, and stamps and excise taxes on goods used by hunters have generated billions of dollars for wildlife conservation, research, and management; (5) hunting is an essential component of effective wildlife management by-- (A) reducing conflicts between people and wildlife; (B) balancing wildlife populations with the natural carrying capacity of the land; and (C) providing incentives for the conservation of-- (i) wildlife; and (ii) habitats and ecosystems on which wildlife depend; (6) each State has established at least 1 agency staffed by professionally trained wildlife management personnel that has legal authority to manage the wildlife in the State; and (7) hunting is an environmentally beneficial activity that occurs, and can be provided for, on Federal public land without adverse effects on other uses of the land. SEC. 3. DEFINITIONS. In this Act: (1) Agency head.--The term ``agency head'' means the head of any Federal agency that has authority to manage a natural resource or Federal public land. (2) Federal public land.-- (A) In general.--The term ``Federal public land'' means any land or water that is-- (i) publicly accessible; (ii) owned by the United States; and (iii) managed by an executive agency for purposes that include the conservation of natural resources. (B) Exclusion.--The term ``Federal public land'' does not include any land held in trust for the benefit of an Indian tribe or member of an Indian tribe. (3) Hunting.--The term ``hunting'' means the lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife. SEC. 4. HUNTING. (a) In General.--Subject to existing rights, Federal public land shall be open to access and use for hunting except as limited by-- (1) the agency head with jurisdiction over the Federal public land-- (A) for reasons of national security; (B) for reasons of public safety; or (C) for any other reasons for limiting access authorized by applicable Federal law; and (2) any law of the State in which the Federal public land is located that is applicable to hunting. (b) Management.--Consistent with subsection (a), to the extent authorized under State law, and in accordance with applicable Federal law, each agency head shall manage Federal public land under the jurisdiction of the agency head in a manner that supports, promotes, and enhances access for hunting. (c) No Net Loss.-- (1) In general.--Each agency head shall, to the maximum extent practicable, ensure that Federal public land management decisions and actions result in no net loss of land area accessible for hunting on Federal public land. (2) Annual report.--Not later than October 1 of each year, each agency head with authority to manage Federal public land on which hunting occurs shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives a report that describes-- (A)(i) any Federal public land administered by the agency head in which access for hunting was limited at any time during the year as compared to access available during the previous year; and (ii) the reason for the limitation; and (B) areas administered by the agency head that were opened to hunting to compensate for the limitations of the areas described in subparagraph (A)(i). (3) Closures of 5,000 or more acres.--The withdrawal, change of classification, or change of management status that effectively closes or limits access to 5,000 or more acres of Federal public land for hunting shall take effect only if, before the date of withdrawal or change, the agency head that has jurisdiction over the Federal public land submits to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives written notice of the withdrawal or change. (d) Areas Not Affected.--Nothing in this Act compels the opening to hunting of national parks or national monuments under the jurisdiction of the Secretary of the Interior. (e) No Priority.--Nothing in this Act requires a Federal agency to give preference to hunting over other uses of Federal public land or over land or water management priorities established by Federal law. (f) Authority of the States.-- (1) Savings.--Nothing in this Act affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law on land or water in the State, including Federal public land. (2) Federal licenses.--Nothing in this Act authorizes an agency head to require a license or permit to hunt, fish, or trap on land or water in a State, including on Federal public land in the State. (3) State right of action.-- (A) In general.--Any State aggrieved by the failure of an agency head or employee to comply with this Act may bring a civil action in the United States District Court for the district in which the failure occurs for a permanent injunction. (B) Preliminary injunction.--If the district court determines, based on the facts, that a preliminary injunction is appropriate, the district court may grant a preliminary injunction. (C) Court costs.--If the district court issues an injunction under this paragraph or otherwise finds in favor of the State, the district court shall award to the State any reasonable costs of bringing the civil action (including an attorney's fee).

Hunting Heritage Protection Act - Requires that federal public land be open to access and use for hunting except as limited by: (1) the federal agency with jurisdiction over the land for national security or public safety reasons or for other reasons authorized by applicable federal law for limiting access; and (2) any law of the state in which the land is located that is applicable to hunting. Directs the head of each federal agency with authority to manage a natural resource or federal public land to exercise that authority in a manner so as to support, promote, and enhance access to hunting. Instructs the head of each federal agency to ensure that federal land management decisions and actions result in no net loss of land area accessible for hunting on federal public land. Requires the heads of federal agencies with authority to manage federal public land on which hunting occurs to report annually on areas administered in which access for hunting was limited and the reasons for the limitations and on areas that were opened to hunting to compensate for areas in which there were such limitations. Prohibits a withdrawal, change of classification, or change of management status that effectively closes or limits access to 5,000 or more acres of federal public land for hunting from occurring unless the head of the federal agency that has jurisdiction over the land has submitted written notice of the action to specified congressional committees. Grants states the right to file civil actions in district courts in cases where federal agencies fail to comply with state authority to manage or regulate fish and wildlife.

To recognize the heritage of hunting and provide opportunities for continued hunting on Federal public land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Media Research Advancement Act'' or the ``CAMRA Act''. SEC. 2. PURPOSE. It is the purpose of this Act to enable the Centers for Disease Control and Prevention to-- (1) examine the role and positive and negative impact of electronic media in children's and adolescents' cognitive, social, emotional, physical, and behavioral development; and (2) provide for a report to Congress containing the empirical evidence and other results produced by the research funded through grants under this Act. SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. 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 section 399O (relating to grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking) as section 399P; and (2) by adding at the end the following: ``SEC. 399Q. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. ``(a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the `Director'), shall enter into a contract with the National Academy of Science or another appropriate entity to review, synthesize, and report on research, and establish research priorities, regarding the roles and impact of electronic media (including television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones) and exposures to such media on youth in the following core areas of development: ``(1) Cognitive.--Cognitive areas such as language development, attention span, problem solving skills (such as the ability to conduct multiple tasks or `multitask'), visual and spatial skills, reading, and other learning abilities. ``(2) Physical.--Physical areas such as physical coordination, diet, exercise, sleeping and eating routines. ``(3) Socio-behavioral.--Socio-behavioral areas such as family activities and peer relationships including indoor and outdoor play time, interactions with parents, consumption habits, social relationships, aggression, and positive social behavior. ``(b) Research Program.-- ``(1) In general.--Taking into account the report provided for under subsection (a), the Secretary, acting through the Director and in coordination with the Director of the National Institutes of Health, shall, subject to the availability of appropriations, award grants for research concerning the role and impact of electronic media on the cognitive, physical, and socio-behavioral development of youth. ``(2) Requirements.--The research provided for under paragraph (1) shall comply with the following requirements: ``(A) Such research shall focus on the impact of factors such as media content (whether direct or indirect), format, length of exposure, age of youth, venue, and nature of parental involvement. ``(B) Such research shall not duplicate other Federal research activities. ``(C) For purposes of such research, electronic media shall include television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones. ``(3) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall-- ``(A) prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director shall require; and ``(B) agree to use amounts received under the grant to carry out activities as described in this subsection. ``(c) Reports.-- ``(1) Report to the director.--Not later than 15 months after the date of the enactment of this section, the report provided for under subsection (a) shall be submitted to the Director and to the appropriate committees of Congress. ``(2) Report to congress.--Not later than December 31, 2012, the Secretary, acting through the Director, shall prepare and submit to the appropriate committees of Congress a report that-- ``(A) synthesizes the results of-- ``(i) research carried out under the grant program under subsection (b); and ``(ii) other related research, including research conducted by the private or public sector and other Federal entities; and ``(B) outlines existing research gaps in light of the information described in subparagraph (A). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2007 through 2012.''. Passed the Senate September 13, 2006. Attest: EMILY J. REYNOLDS, Secretary.

Children and Media Research Advancement Act or the CAMRA Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enter into a contract with the National Academy of Science or another appropriate entity to: (1) review, synthesize, and report on research regarding the roles and impact of electronic media and exposures to such media on youth in core areas of development; and (2) establish research priorities regarding such issues. Directs the Secretary, acting through the Director, to award grants for research concerning the role and impact of electronic media on the cognitive, physical, and socio-behavioral development of youth. Requires such research to: (1) focus on the impact of factors such as media content, format, length of exposure, age of youth, venue, and nature of parental involvement; and (2) include as electronic media television, motion pictures, DVDs, interactive video games, digital music, the Internet, and cell phones. Sets forth reporting requirements. Authorizes appropriations.

A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children.

SECTION 1. MODIFICATION OF SAVER'S CREDIT. (a) 50 Percent Credit for All Taxpayers: Expansion of Phaseout Ranges.--Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage is 50 percent. ``(2) Phaseout.--The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. ``(3) Applicable dollar amount; phaseout range.-- ``(A) Joint returns.--Except as provided in subparagraph (B)-- ``(i) the applicable dollar amount is $65,000, and ``(ii) the phaseout range is $20,000. ``(B) Other returns.--In the case of-- ``(i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be \3/4\ of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and ``(ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be \1/2\ of the amounts applicable under subparagraph (A) (as so adjusted). ``(4) Inflation adjustment of applicable dollar amount.--In the case of any taxable year beginning in a calendar year after 2011, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500.''. (b) Credit Made Refundable.-- (1) Credit made refundable.--The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36A, and by redesignating section 25B as section 36B. (2) Conforming amendments.-- (A) Sections 24(b)(3)(B), 25(e)(1)(C), 26(a)(1), and 1400C(d) of such Code are each amended by striking ``25B,''. (B) The last sentence of section 25A(i)(5) of such Code is amended by striking ``25B'' and inserting ``36B''. (C) Sections 904(i) of such Code is amended by striking ``23, 24, and 25B,'' and inserting ``23 and 24''. (D) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (E) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (F) The table of sections for subpart C of such part is amended by adding at the end the following new item: ``Sec. 36B. Elective deferrals and IRA contributions by certain individuals.''. (G) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (c) Maximum Contributions.--Subsection (a) of section 36B of the Internal Revenue Code of 1986, as redesignated by subsection (b)(1), is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. ``(2) Contribution limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2021). ``(B) Annual increases to reach $1,500.--In the case of taxable years beginning in a calendar year after 2011 and before 2022, the contribution limit shall be the sum of-- ``(i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and ``(ii) $100. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2021, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2020' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Amends the Internal Revenue Code to: (1) increase the rate of the tax credit for retirement savings contributions (saver's credit); and (2) make such credit refundable.

A bill to amend the Internal Revenue Code of 1986 to expand the availability of the saver's credit and to make the credit refundable.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Energy Initiative Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Federal income tax credits have been established for production of energy from renewable energy resources, other than geothermal energy resources, including with respect to wind energy and closed-loop biomass energy. (2) The last national resource assessment of geothermal energy resource sites in the United States was completed in 1978. There have been substantial changes in technology and advances in geological science in the intervening 26 years. (3) Many Federal land management agencies, including the Bureau of Land Management and the Forest Service, are not aware of geothermal energy resources and fail to recognize geothermal energy resources in their land use planning process. Failure to recognize geothermal energy resources during the land use planning process poses significant delays in geothermal resource development. (4) The Bureau of Land Management has a backlog of 230 lease applications for prospecting for geothermal energy. The average age of these lease applications is 9 years. The oldest non-competitive application was received in 1974. (5) There appears to be a lack of focus and priority in the Bureau of Land Management concerning geothermal energy efforts. (6) Development of geothermal energy resources is environmentally safe and clean. SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM GEOTHERMAL ENERGY. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) geothermal energy.''. (b) Qualified Facility.--Section 45(c)(3) of such Code (defining qualified facility) is amended by inserting after subparagraph (E) the following new subparagraph: ``(D) Geothermal energy facility.--In the case of a facility using geothermal energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2004, and ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2005, but only to the extent of its incremental production. If such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.''. (c) Incremental Production.--Section 45(d) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(9) Definition and special rule with respect to incremental geothermal production.--For purposes of subparagraph (D) of paragraph (3)-- ``(A) In general.--The term `incremental production' means, with respect to a facility described in subsection (c)(3)(D)(ii) for any taxable year, the excess of-- ``(i) the total kilowatt hours of electricity produced from such facility, over ``(ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. ``(B) Special rule.--A facility which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent.''. (d) Effective Date.--The amendments made by this section shall apply to electricity sold after December 31, 2004. SEC. 4. ASSESSMENT OF GEOTHERMAL ENERGY RESOURCES. (a) Resource Assessment.--Not later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. (b) Contents of Reports.--Not later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including-- (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource; (2) an identification of any barriers to providing adequate transmission for remote sources of geothermal energy resources to current and emerging markets; (3) recommendations for removing or addressing such barriers; and (4) ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers. (c) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2005, 2006, and 2007. SEC. 5. ENHANCED ACCESS TO FEDERAL LANDS FOR GEOTHERMAL RESOURCE DEVELOPMENT. (a) Revision of Land Use Plans.-- (1) Public lands.--The Secretary of the Interior shall expedite development of geothermal energy in making revisions to land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (42 U.S.C. 1712) while protecting other resources. (2) National forest system lands.--The Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) while protecting other resources. (3) Issuance of rights-of-way not affected.--Nothing in this subsection shall preclude the issuance of a right-of-way for the development of a geothermal energy project prior to the revision of a land use plan by the appropriate land management agency. (b) Report to Congress.--Within 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report shall include-- (1) a 5-year plan developed by the Secretary of the Interior, in cooperation with the Secretary of Agriculture, for encouraging the development of geothermal energy on Federal land in an environmentally sound manner; (2) an analysis of-- (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions to promote geothermal energy development on Federal land; and (C) any problems, including environmental concerns, that the Secretary of the Interior or the Secretary of Agriculture has encountered in managing geothermal energy projects on Federal land, or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development. SEC. 6. CONSULTATION REGARDING GEOTHERMAL LEASING AND PERMITTING ON PUBLIC LANDS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this section regarding leasing and permitting, for geothermal development, of public lands under their respective administrative jurisdictions. (b) Lease and Permit Applications.--The memorandum of understanding shall include provisions that-- (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) as a land use; (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and timeframes for application processing; (3) provide that the Secretary concerned shall-- (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the application, before the end of such 14-day period, provide written notification to the lease applicant that the application is being returned to the applicant without processing and an itemization of the deficiencies in the application that prevent processing; (4) provide that the Secretary concerned shall within 30 days after receiving a lease application, provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit processing, and timeframes for permit processing. (c) Five-Year Leasing Plan.--The memorandum of understanding shall develop a 5-year plan for leasing under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) of public land in the National Forest System. The plan for geothermal leasing shall be updated every 5 years. (d) Data Retrieval System.--The memorandum of understanding shall establish a joint data retrieval system that is capable of-- (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action. SEC. 7. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES. (a) In General.--The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``SEC. 30. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES. ``(a) In General.--The Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the lease. ``(b) Conditions.--The Secretary may provide reimbursement under subsection (a) only if-- ``(1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; ``(2) the person paid the amounts voluntarily; and ``(3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.''. (b) Application.--The amendment made by this section shall apply with respect to any lease entered into before, on, or after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out section 5 through 7 there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary.

Geothermal Energy Initiative Act of 2004 - Amends the Internal Revenue Code to include geothermal energy and certain geothermal energy facilities as qualified energy resources and appurtenant facilities eligible for the renewable electricity production credit. Directs the Secretary of Energy to: (1) review and publish annually the available assessments of geothermal energy resources available within the United States; and (2) undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. Requires such report to contain a detailed inventory describing the available amount and characteristics of geothermal energy resources. Directs the Secretary of the Interior and the Secretary of Agriculture to expedite development of geothermal energy in making revisions to certain land use plans for public lands and National Forest System lands, respectively. Directs the Secretary of the Interior to report to Congress on recommendations for geothermal energy development on Federal land, including a list, developed in consultation with the Secretaries of Energy and of Defense, of lands under their jurisdictions, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development. Instructs the Secretary of the Interior and the Secretary of Agriculture to enter into and submit to Congress a memorandum of understanding regarding leasing and permitting for geothermal development of public lands under their respective jurisdictions. Amends the Geothermal Steam Act of 1970 to authorize the Secretary of the Interior to reimburse certain persons through royalty credits, for reasonable amounts paid for preparation of project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 with respect to the lease.

To amend the Internal Revenue Code of 1986 to establish a Federal income tax credit for production of energy from geothermal energy resources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Active Community Transportation Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Nearly half of the trips taken in the United States are within a 20-minute bicycle ride, and a quarter of such trips are within a 20-minute walk. (2) Approximately 90 percent of public transportation trips are accessed by walking or bicycling. (3) More than 100 communities across the Nation have adopted complete streets policies, thereby proving the commitment of these communities to creating streets that are safe and convenient for users of all ages and abilities, including those who are walking, bicycling, taking public transportation, or driving. (4) Communities that invest in active transportation infrastructure experience significant increases in bicycling and walking rates over time, and such investments are in strong demand because they enhance the livability of communities. (5) The communities that perform best in encouraging active transportation create interconnected systems that make it convenient and safe to travel on foot or by bicycle to destinations on a routine basis. (6) Achieving a mode shift to active transportation within a community requires intensive, concentrated funding of active transportation systems rather than discrete, piecemeal projects. (7) Increased use of active transportation leads to reductions in traffic congestion, greenhouse gas emissions, vehicle miles traveled, oil dependence, air pollution, and obesity and diseases associated with physical inactivity. (8) Given the contribution that active transportation makes to these national policy goals, and the opportunity active transportation provides to accommodate short trips at the least cost to the public and individuals, funding of active transportation is one of the most strategic and cost effective Federal transportation investments available. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Active transportation.--The term ``active transportation'' means mobility options powered solely by human energy, such as bicycling and walking. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Program.--The term ``program'' means the active transportation investment program established under section 4. SEC. 4. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM. (a) In General.--The Secretary of Transportation shall carry out an active transportation investment program in accordance with the requirements of this section. (b) Purpose.--The purpose of the program shall be to encourage a mode shift to active transportation within selected communities by providing safe and convenient opportunities to bicycle and walk for routine travel. (c) Selection of Communities.-- (1) Applications.--A community seeking to participate in the program shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. (2) Initial and additional selections.-- (A) Initial selections.--The Secretary shall select initial communities to participate in the program. Such communities shall participate in the program in each of fiscal years 2011 through 2015. (B) Additional selections.--Following the initial selections under subparagraph (A), the Secretary shall select additional communities to participate in the program. Such communities shall participate in the program in each of fiscal years 2013 through 2015. (3) Criteria.-- (A) In general.--In selecting communities to participate in the program, the Secretary shall consider, at a minimum, the extent to which a community-- (i) provides a plan for development of walking and bicycling infrastructure that is likely to contribute to a significant transportation mode shift to walking and bicycling; (ii) demonstrates broad community support that will facilitate successful and expeditious implementation; (iii) demonstrates a cohesive plan in which noninfrastructure elements, where proposed, reinforce achievement of the purpose of the program; (iv) provides evidence of regulatory or financial incentives or community design policies that facilitate significant increases in bicycling or walking; and (v) commits State, local, or eligible Federal matching funds, in addition to Federal funds made available under this section, to projects eligible for assistance under this section. (B) Strategic priorities that facilitate success.-- For purposes of subparagraph (A)(i), strategic priorities that facilitate success in increasing walking and bicycling include effective plans-- (i) to create a network of active transportation facilities connecting neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, and other community activity centers; (ii) to integrate active transportation facilities with transit services, where available, to improve access to public transportation; and (iii) to deliver safe, convenient, cost- effective mobility via walking and bicycling. (C) Indicators of community support.--For purposes of subparagraph (A)(ii), indicators of community support include-- (i) the use of public input in the development of transportation plans; and (ii) the commitment of community leaders to the success and timely implementation of projects eligible for assistance under this section. (d) Grants.-- (1) In general.--The Secretary shall make grants to each community selected to participate in the program. (2) Recipients.--A recipient of a grant representing a community under the program shall be a local or regional governmental organization, multi-county special district, or Indian tribe that the Secretary determines is suitably equipped and organized to carry out the objectives and requirements of this section. Such organizations include metropolitan planning organizations and other regional planning organizations. (3) Subrecipients.--A recipient of a grant under the program may suballocate funds from the grant to a nonprofit organization to carry out the purposes of the program. (4) Inclusion of certain communities.--To fulfill the Nation's need to achieve and document mode shift to bicycling and walking over time, the 4 communities that received pilot funding under section 1807 of SAFETEA-LU (119 Stat. 1460) may be among the communities selected by the Secretary under subsection (c). (5) Grants amounts.-- (A) In general.--The Secretary may make a grant as low as $5,000,000 and as high as $15,000,000 per fiscal year for a community participating in the program. The Secretary shall ensure that grant awards under the program are sufficiently high to enable a mode shift to active transportation. (B) Justification for larger grants.--Subject to the $15,000,000 per fiscal year limit set forth in subparagraph (A), the Secretary may justify a grant in a higher amount for a community under the program based on the population served, greater opportunities to shift trips to bicycling and walking, or use of innovative design features. (e) Eligible Projects.--Grants made to communities under this section shall be used for one or more of the following purposes: (1) To carry out projects to construct networks of active transportation infrastructure facilities, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect people with public transportation, workplaces, schools, residences, businesses, recreation areas, and other community activity centers. (2) To carry out projects to provide for bicycle boxes, cycle tracks, bicycle boulevards, dual traffic signals, and bicycle sharing stations. (3) To carry out projects to restore and upgrade current active transportation infrastructure facilities. (4) To carry out projects to support educational activities, safety-oriented activities, and technical assistance to further the purpose of the program. (f) Program Measures.--In carrying out the program, the Secretary shall develop statistical information on changes in motor vehicle, active transportation, and public transportation usage in communities participating in the program and assess how the changes impact congestion and energy usage, impact the frequency of bicycling and walking, and impact health, safety, and the environment. In addition, the Secretary shall develop interim measures of progress, which may include indicators of public engagement, educational outcomes, and project advancement into planning and development. (g) Deadlines.-- (1) Request for applications.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a request for applications pursuant to subsection (c)(1). (2) Selection of initial communities.--Not later than 180 days after such date of enactment, the Secretary shall select initial communities to participate in the program under subsection (c)(2)(A). (3) Selection of additional communities.--Not later than September 30, 2012, the Secretary shall select additional communities to participate in the program under subsection (c)(2)(B). (4) Grants.--The Secretary shall make grants to selected to participate in the program under subsection (c)-- (A) for fiscal year 2011, not later than the later of-- (i) the 60th day after the date of the selection of communities under subsection (c)(2)(A); and (ii) the 30th day of the fiscal year; and (B) for each of fiscal years 2012 through 2015, not later than 30th day of the fiscal year. (h) Reports.-- (1) In general.--The Secretary shall submit to Congress-- (A) an interim report on progress made under the program not later than September 30, 2014; and (B) a final report on progress made under the program not later than September 30, 2016. (2) Contents.--Each report submitted under paragraph (1) shall include the Secretary's findings concerning the best practices of communities participating in the program and the impediments experienced by such communities relating to program development and achieving a mode shift to active transportation. (i) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section-- (A) $300,000,000 for fiscal year 2011; (B) $300,000,000 for fiscal year 2012; (C) $466,666,666 for fiscal year 2013; (D) $466,666,666 for fiscal year 2014; and (E) $466,666,668 for fiscal year 2015. (2) Contract authority.--Funds authorized to be appropriated by this section shall be available for obligation and administered in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project carried out using the funds shall be 100 percent, and the funds shall remain available until expended and shall not be transferable. (3) Administrative costs.-- (A) Set aside.--Each fiscal year, the Secretary shall set aside not more than 1.5 percent of the funds made available to carry out this section to cover the costs of administrative, research, technical assistance, communications, and training activities under the program. (B) Contracts and other agreements.--The Secretary may enter into contracts with for-profit organizations, or contracts, partnerships, or cooperative agreements with other government agencies, institutions of higher learning, or nonprofit organizations, to perform activities with amounts set aside under subparagraph (A). The Federal share of the cost of such activities may be up to 100 percent. (C) Limitation on statutory construction.--Nothing in this paragraph may be construed to prohibit a community from receiving research or other funds under title 23 or 49, United States Code. (j) Treatment of Projects.-- (1) Noninfrastructure projects.--Noninfrastructure projects and infrastructure projects that do not involve or lead directly to construction assisted under this subsection shall not be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code. (2) Infrastructure projects.--Not later than one year after the date of enactment of this Act, the Secretary shall develop regulations or guidance (or both) for Federal-aid projects under this section that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditure for projects that are small, low impact, and constructed within an existing built environment. (3) State processes.--The Secretary shall work with State departments of transportation to ensure that any guidance or regulation developed under paragraph (2) is being implemented by States and the Federal Highway Administration consistently to avoid unnecessary delays in implementing projects and to ensure the effective use of Federal dollars. (k) Assistance to Indian Tribes.--Notwithstanding any other provision of law, the Secretary may enter into grants agreements, self- determination contracts, and self-governance compacts under the authority of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) with eligible Indian tribes to carry out the purposes of this Act, and such grant agreements, self-determination contracts, and self-governance compacts shall be administered in accordance with that Act.

Active Community Transportation Act of 2010 - Directs the Secretary of Transportation to carry out an active transportation investment program to encourage a mode shift to active transportation within selected communities that have development plans that provide safe and convenient opportunities to travel by bicycling and walking. Requires the Secretary to make grants to communities through local or regional governmental organizations, multi-county special districts, or Indian tribes to carry out active transportation (bicycling and walking) infrastructure projects that connect people with public transportation, workplaces, residences, businesses, recreation areas, and other community activity centers.

To direct the Secretary of Transportation to carry out an active transportation investment program to encourage a mode shift to active transportation within selected communities by providing safe and convenient options to bicycle and walk for routine travel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Skies Treaty Compliance Assurance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered state party.--The term ``covered state party'' means a foreign country that-- (A) is a state party to the Open Skies Treaty; and (B) is a United States ally. (3) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (4) Observation aircraft, observation flight, and sensor.-- The terms ``observation aircraft'', ``observation flight'', and ``sensor'' have the meanings given such terms in Article II of the Open Skies Treaty. (5) Open skies treaty.--The term ``Open Skies Treaty'' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002. SEC. 3. CERTIFICATION OF NEW SENSORS. (a) Limitation.--Notwithstanding any other provision of law, no funds may be obligated or expended to aid, support, permit, or facilitate the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Open Skies Treaty unless the President, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, submits to the appropriate committees of Congress the certification described in subsection (b)(1). (b) Certification.-- (1) In general.--The certification described in this subsection is a certification for a new sensor referred to in subsection (a) that-- (A) the capabilities of the new sensor do not exceed the capabilities imposed by the Open Skies Treaty, and safeguards are in place to prevent the new sensor, or any information obtained therefrom, from being used in any way not permitted by the Open Skies Treaty; (B) the Secretary of Defense, the commanders of relevant combatant commands, the directors of relevant elements of the intelligence community, and the Federal Bureau of Investigation have in place mitigation measures with respect to collection against high-value United States assets and critical infrastructure by the new sensor; (C) each covered state party has been notified and briefed on concerns of the intelligence community regarding upgraded sensors used under the Open Skies Treaty, Russian Federation warfighting doctrine, and intelligence collection in support thereof; and (D) the Russian Federation is in compliance with all of its obligations under the Open Skies treaty, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad. (2) Specific sensor approval.--The certification described in paragraph (1) shall be required for each sensor and platform for which the Russian Federation has requested approval under to the Open Skies Treaty. (c) Waiver Authority.-- (1) In general.--The President may waive the requirements of subparagraph (D) of subsection (b)(1) if, not later than 30 days prior to certifying or approving a new sensor for use by the Russian Federation on observation flights under the Open Skies Treaty, the President submits a certification to the appropriate committees of Congress that the certification or approval of the new sensor is in the national security interest of the United States that includes the following: (A) A written explanation of the reasons it is in the national security interest of the United States to certify or approve the sensor. (B) The date that the President expects the Russian Federation to come into full compliance with all of its Open Skies Treaty obligations, including the overflight obligations described in subparagraph (D) of subsection (b)(1). (C) A detailed description of efforts made by the United States Government to bring the Russian Federation into full compliance with the Open Skies Treaty. (2) Form.--Each certification submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Open Skies Treaty Compliance Assurance Act This bill prohibits funds from being obligated or expended to aid the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Treaty on Open Skies unless the President certifies to Congress that: the new sensor's capabilities do not exceed capabilities imposed by the treaty and safeguards are in place to prevent the sensor or any information obtained from being used in any way not permitted by the treaty; mitigation measures are in place regarding collection by such sensor of high-value U.S. assets and critical infrastructure; each covered state party has been briefed on intelligence concerns regarding upgraded sensors used under the treaty, Russian Federation war fighting doctrine, and related intelligence collection; and the Russian Federation is in compliance with all of its treaty obligations, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad. Certification is required for each sensor and platform for which the Russian Federation has requested approval under the treaty. The President may waive the requirement of Russian compliance with treaty obligations by certifying that sensor certification or approval is in U.S. national security interests. Such certification must include the date such compliance is expected and a description of U.S. efforts to achieve it. "Covered state party" means a foreign country that is a state party to the treaty and a U.S. ally.

Open Skies Treaty Compliance Assurance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Health Practitioner Incentive Act of 1995''. SEC. 2. INCREASED MEDICARE REIMBURSEMENT FOR NURSE PRACTITIONERS AND CLINICAL NURSE SPECIALISTS. (a) Removal of Restrictions on Settings.-- (1) In general.--Section 1861(s)(2)(K)(ii) of the Social Security Act (42 U.S.C. 1395x(s)(2)(K)(ii)) is amended to read as follows: ``(ii) services which would be physicians' services if furnished by a physician (as defined in subsection (r)(1)) and which are performed by a nurse practitioner or clinical nurse specialist (as defined in subsection (aa)(5)) working in collaboration (as defined in subsection (aa)(6)) with a physician (as so defined) which the nurse practitioner or clinical nurse specialist is legally authorized to perform by the State in which the services are performed, and such services and supplies furnished as an incident to such services as would be covered under subparagraph (A) if furnished incident to a physician's professional service;''. (2) Conforming amendments.-- (A) Section 1861(s)(2)(K) of such Act (42 U.S.C. 1395x(s)(2)(K)), as amended by paragraph (1), is amended-- (i) in clause (i), by inserting ``and such services and supplies furnished as incident to such services as would be covered under subparagraph (A) if furnished as an incident to a physician's professional service.'' after ``are performed, and''; and (ii) by striking clauses (iii) and (iv). (B) Section 1861(b)(4) of such Act (42 U.S.C. 1395x(b)(4)) is amended by striking ``clauses (i) or (iii) of subsection (s)(2)(K)'' and inserting ``subsection (s)(2)(K)''. (C) Section 1862(a)(14) of such Act (42 U.S.C. 1395y(a)(14)) is amended by striking ``section 1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)'' and inserting ``section 1861(s)(2)(K)''. (D) Section 1866(a)(1)(H) of such Act (42 U.S.C. 1395cc(a)(1)(H)) is amended by striking ``section 1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)'' and inserting ``section 1861(s)(2)(K)''. (b) Increased Payment.-- (1) Fee schedule amount.--Section 1833(a)(1)(O) of the Social Security Act (42 U.S.C. 1395l(a)(1)(O)) is amended to read as follows: ``(O) with respect to services described in section 1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse specialist services), the amounts paid shall be equal to 80 percent of (i) the lesser of the actual charge or 85 percent of the fee schedule amount provided under section 1848 for the same service provided by a physician who is not a specialist; or (ii) in the case of services as an assistant at surgery, the lesser of the actual charge or 85 percent of the amount that would otherwise be recognized if performed by a physician who is serving as an assistant at surgery, and''. (2) Conforming amendments.-- (A) Section 1833(r) of such Act (42 U.S.C. 1395l(r)) is amended-- (i) in paragraph (1), by striking ``section 1861(s)(2)(K)(iii) (relating to nurse practitioner or clinical nurse specialist services provided in a rural area),'' and inserting ``section 1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse specialist services),''; (ii) by striking paragraph (2); (iii) in paragraph (3), by striking ``section 1861(s)(2)(K)(iii)'' and inserting ``section 1861(s)(2)(K)(ii)''; and (iv) by redesignating paragraph (3) as paragraph (2). (B) Section 1842(b)(12)(A) of such Act (42 U.S.C. 1395u(b)(12)(A)) is amended in the matter preceding clause (i), by striking ``clauses (i), (ii), or (iv) of section 1861(s)(2)(K) (relating to a physician assistants and nurse practitioners)'' and inserting ``section 1861(s)(2)(K)(i) (relating to physician assistants)''. (c) Direct Payment for Nurse Practitioners and Clinical Nurse Specialists.-- (1) In general.--Section 1832(a)(2)(B)(iv) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iv)) is amended by striking ``provided in a rural area (as defined in section 1886(d)(2)(D))''. (2) Conforming amendment.--Section 1842(b)(6)(C) of such Act (42 U.S.C. 1395u(b)(6)(C)) is amended-- (A) by striking ``clauses (i), (ii), or (iv)'' and inserting ``clause (i)''; and (B) by striking ``or nurse practitioner''. (d) Bonus Payment for Services Provided in Health Professional Shortage Areas.--Section 1833(m) of such Act (42 U.S.C. 1395l(m)) is amended-- (1) by inserting ``(1)'' after ``(m)''; and (2) by adding at the end the following new paragraph: ``(2) In the case of services of a nurse practitioner or clinical nurse specialist furnished to an individual, described in paragraph (1), in an area that is a health professional shortage area as described in such paragraph, in addition to the amount otherwise paid under this part, there shall also be paid to such service provider (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part.''. (e) Definition of Clinical Nurse Specialist Clarified.--Section 1861(aa)(5) of such Act (42 U.S.C. 1395x(aa)(5)) is amended-- (1) by inserting ``(A)'' after ``(5)''; (2) by striking ``The term ```physician assistant''' and all that follows through ``who performs'' and inserting ``The term `physician assistant' and the term `nurse practitioner' mean, for purposes of this title, a physician assistant or nurse practitioner who performs''; and (3) by adding at the end the following new subparagraph: ``(B) The term `clinical nurse specialist' means, for purposes of this title, an individual who-- ``(i) is a registered nurse and is licensed to practice nursing in the State in which the clinical nurse specialist services are performed; and ``(ii) holds a master's degree in a defined clinical area of nursing from an accredited educational institution.''. (f) Effective Date.--The amendments made by this section shall apply with respect to services furnished and supplies provided on and after July 1, 1995.

Primary Care Health Practitioner Incentive Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act, with respect to payments for medical and other health services, to cover services which would be physicians' services if furnished by a physician but: (1) which are performed by a clinical nurse specialist working in collaboration with a physician; and (2) which the clinical nurse specialist is legally authorized to perform by the State. Eliminates the requirement, with respect to such services performed by a nurse practitioner, that they be performed in a skilled nursing facility or other specified nursing facility. Covers, in addition, other services and supplies incidental to such services. Revises the formula for payment from the Federal Supplementary Medical Insurance Trust Fund for such services (thereby increasing such payment). Repeals the rural area restriction on services performed by nurse practitioners or clinical nurse specialists for which direct payment may be made. Requires a ten percent bonus payment from the Fund for services of a nurse practitioner or clinical nurse specialist furnished in a health professional shortage area.

Primary Care Health Practitioner Incentive Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Fraud in Transportation Act of 2011''. SEC. 2. REGISTRATION REQUIREMENTS. (a) Annual Review of Active Registrations.--The Administrator of the Federal Motor Carrier Safety Administration shall establish processes and procedures to screen its list of registered motor carriers, brokers and freight forwarders annually, and the Administrator shall-- (1) ensure that the list accurately reflects only those entities with currently active operating authority; and (2) show as inactive any motor carriers, brokers or freight forwarders that are no longer active or in compliance with the requirements of chapter 139 of title 49, United States Code. (b) Funding.--There is hereby authorized from the funds appropriated for the operations of the Federal Motor Carrier Safety Administration $2,000,000 to carry out the requirements of subsection (a). (c) Amendments.--Section 13901 of title 49, United States Code, is amended-- (1) by striking ``A person'' and inserting the following: ``(a) In General.--A person''; and (2) by adding at the end the following: ``(b) Registration Numbers.-- ``(1) In general.--If the Administrator of the Federal Motor Carrier Safety Administration registers a person under this chapter for 1 or more activities or services, including motor carrier, freight forwarder, or broker activities or services, the Administrator shall issue a distinctive registration number to the person for each such activity or service for which the person is registered. ``(2) Activity or service type indicator.--Each number issued under paragraph (1) shall include an indicator of the type of activity or service for which the registration number is issued, including whether the registration number is issued for registration of a motor carrier, freight forwarder, or broker activity or service. ``(c) Authority.--For each agreement to provide service for which registration is required under this chapter, the registered person shall specify, in writing, the operating authority under which it is providing the services required.''. SEC. 3. REGISTRATION OF MOTOR CARRIERS. Section 13902 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``using self- propelled vehicles the motor carrier owns or leases'' after ``motor carrier''; and (B) by adding at the end the following: ``(6) Separate registration required.--A motor carrier may not broker transportation services unless the motor carrier has registered as a broker under this chapter.''. SEC. 4. REGISTRATION AND SECURITY OF FREIGHT FORWARDERS AND BROKERS. (a) In General.-- (1) Amendment.--Chapter 139 of title 49, United States Code, is amended by striking sections 13903 and 13904 and inserting the following: ``Sec. 13903. Registration of freight forwarders and brokers ``(a) In General.--A person may not act as a freight forwarder by providing service subject to the jurisdiction under subchapter III of chapter 135 or as a broker unless the person holds a freight forwarder's permit or a broker's license, as the case may be, issued by the Federal Motor Carrier Safety Administration. ``(b) Issuance of Permit or License.-- ``(1) Eligibility requirements.--The Administrator of the Federal Motor Carrier Safety Administration shall issue a freight forwarder's permit or broker's license to any person that the Administration determines-- ``(A) to be qualified by experience and character to act as a freight forwarder or broker, respectively; and ``(B) to be fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary. ``(2) Duration.--The permit or license issued under paragraph (1) shall remain in effect only as long as the freight forwarder or broker is in compliance with section 13904. ``(c) Registration as Motor Carrier Required.-- ``(1) Freight forwarders.--A freight forwarder may not provide transportation as a motor carrier unless the freight forwarder-- ``(A) has registered separately to provide transportation as a motor carrier; and ``(B) has met all the requirements under this chapter applicable to motor carriers. ``(2) Brokers.--A broker may not provide transportation as a motor carrier unless the broker-- ``(A) has registered separately to provide transportation as a motor carrier; and ``(B) has met all of the requirements under this chapter applicable to motor carriers. ``(d) Registration as Freight Forwarder or Broker Required.--A motor carrier registered under this chapter-- ``(1) may only provide transportation of property with self-propelled motor vehicles owned or leased by the motor carrier or interchanges as permitted under regulation issued by the Secretary, provided that the originating carrier must physically transport the cargo at some point, and retains liability for the cargo and payment of interchanged carriers; and ``(2) may not arrange such transportation unless the motor carrier has obtained a separate freight forwarder's permit or broker's license under this section. ``Sec. 13904. Security of freight forwarders and brokers ``(a) Requirements.-- ``(1) In general.--A person may not act as a freight forwarder or broker unless the person furnishes a bond, proof of trust fund, or other surety, or combination of such sureties, in a form and amount, and from a provider, determined by the Administrator of the Federal Motor Carrier Safety Administration to be adequate to insure financial responsibility. ``(2) Standards.--The Administrator may authorize the use of a group bond, trust fund, or other surety, or combination of such securities that meet the legal requirements under section 13904(d). The Administrator may not accept proof of security from any person whose surety or surety provider does not meet the standards established by the Administrator, by regulation. Bonds issued under this section may only be offered by a bonding company that has been approved by the Secretary of the Treasury. ``(b) Scope of Financial Responsibility.--A bond, trust fund, or other surety obtained under this section shall be available to pay any claim against a freight forwarder or broker arising from its failure to pay freight charges in its contracts, agreements, or arrangements for transportation subject to regulation under this chapter-- ``(1) with the consent of the insured freight forwarder or broker, subject to review by the surety company; ``(2) if the claim is deemed valid by the surety company after the freight forwarder or broker has failed to respond to adequate notice to address the validity of the claim; or ``(3) if the claim has been reduced to a judgment against the freight forwarder or broker after the claimant made a reasonable attempt to resolve the claim under paragraphs (1) and (2), but the claim was not resolved within a reasonable period of time provided, however, that the surety must respond to any claim within 30 days of receipt and, if the claim is denied, shall set forth in writing to the claimant the grounds for the denial. In any action against a surety to recover on a claim that has not been paid, the prevailing party shall be entitled to recover its reasonable costs and attorneys fees. ``(c) Freight Forwarder Insurance.-- ``(1) In general.--The Administrator of the Federal Motor Carrier Safety Administration may not register a person as a freight forwarder under section 13903 unless the person files with the Administrator a bond, insurance policy, or other type of security, in accordance with the standards established by the Administrator under this section. ``(2) Liability insurance.--A security filed under paragraph (1) shall be sufficient to pay an amount, not to exceed the amount of the security, for each final judgment against the freight forwarder for bodily injury to, or death of, an individual, or loss of, or damage to, property (other than property referred to in paragraph (3)), resulting from the negligent operation, maintenance, or use of motor vehicles by, or under the direction and control of, the freight forwarder when providing transfer, collection, or delivery service under this part. ``(3) Cargo insurance.--The Administrator may require a registered freight forwarder to file with the Administrator a bond, insurance policy, or other type of security approved by the Secretary, that will pay an amount, not to exceed the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service. ``(d) Additional Requirements.-- ``(1) Reissuance of licenses and permits.--Not later than 4 years after the date of the enactment of the Fighting Fraud in Transportation Act of 2011, freight forwarders and brokers shall renew licenses and permits from the Federal Motor Carrier Safety Administration that are subject to the terms and conditions under this subsection. Such licenses and permits shall expire 5 years after the date of issuance and may be renewed as provided under this chapter. ``(2) Experience or training requirement.--Each freight forwarder and broker shall employ, as an officer, an individual who-- ``(A) has at least 3 years of relevant experience; or ``(B) provides the Administrator with satisfactory evidence of certified training. ``(3) Online.--The Administrator shall make information on permits, licenses, and financial security publicly available online, including-- ``(A) the names and addresses of the principals of each entity holding a permit or license; and ``(B) the electronic address of its surety for the submission of claims. ``(4) Minimum financial security.--Each freight forwarder and broker shall provide financial security of $100,000, regardless of the number of branch offices or sales agents of such entities. ``(5) Specific performance standards.--The Administrator shall set specific performance standards for bonds or other acceptable surety, including requirements that-- ``(A) the broker or forwarder can file a bond issued by a surety registered and in good standing with the U.S. Department of Treasury; ``(B) the broker or forwarder can file proof of a trust or other security acceptable to the Administrator provided that the surety amount consists of assets readily available to pay valid claims without resort to personal guarantees or collection of pledged accounts receivable; and ``(C) the bond issuer, trust or other security holder is ultimately financially responsible for any failure to make the required payments. ``(6) Notice to cancel.--If a surety required under this subsection is canceled-- ``(A) the holder of the surety shall provide electronic notification to the Administrator of such cancellation not later than 30 days before the effective date of such cancellation; and ``(B) the Administrator shall immediately post such notification on its public Web site. ``(7) Suspension.--The Administrator shall immediately suspend the registration of a freight forwarder or broker if its available security falls below the amount required under this subsection. ``(8) Payment of claims.--If a registered freight forwarder or broker experiences financial failure or insolvency, the freight forwarder's or broker's surety shall-- ``(A) submit a notice to cancel the surety to the Administrator in accordance with paragraph (6); ``(B) publicly advertise for claims for 60 days beginning on the date of publication by the Administrator of the notice to cancel the surety; and ``(C) pay, not later than 30 days after the expiration of the 60-day period for submission of claims-- ``(i) all uncontested claims received during such period; or ``(ii) a pro rata share of such claims if the total amount of such claims exceeds the financial security available. ``(9) List of claims paid.--Each surety under this subsection shall-- ``(A) publish, on the surety's Web site, a list of the claims paid by the surety immediately upon payment; and ``(B) immediately submit a copy of such list to the Administrator. ``(10) Penalties.-- ``(A) In general.--Any surety that fails to comply with the requirements under this subsection-- ``(i) shall be liable to the United States Government for a civil penalty in an amount not to exceed $10,000; and ``(ii) shall be ineligible to offer broker and forwarder security under this chapter. ``(B) Wilful violations.--Any surety that knowingly and willfully violates the posting and notification requirements under this subsection shall be held financially liable for all valid claims submitted against the broker or forwarder involved, regardless of the amount of the security. ``(11) Deduction of costs prohibited.--The amount of the financial security required under this subsection may not be reduced by deducting attorney's fees or administrative costs. ``(12) Audit.--Claim payments by sureties shall be annually audited by a public accounting firm. The results of such audits shall be made publicly available on the surety's Web site.''. (2) Rulemaking.--Not later than 270 days after the date of the enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall issue regulations to enforce the requirements under section 13904(d) of title 49, United States Code, as added by paragraph (1). (3) Effective date.--Section 13904(d) of title 49, United States Code, as added by paragraph (1), shall take effect on the date that is 270 days after the date of the enactment of this Act. (b) Repeal.--Subsections (b) and (c) of section 13906 of title 49, United States Code, are repealed. (c) Clerical Amendments.--The table of sections for chapter 139 of title 49, United States Code, is amended-- (1) by striking the item relating to section 13903 and inserting the following: ``13903. Registration of freight forwarders and brokers.''; and (2) by striking the item relating to section 13904 and inserting the following: ``13904. Security of freight forwarders and brokers.''. SEC. 5. REVIEW. (a) Review by Inspector General.--Not later than 15 months after the date of the enactment of this subsection, the Inspector General of the Department of Transportation shall-- (1) review the regulations and enforcement practices of the Federal Motor Carrier Safety Administration under section 13904(d) of title 49, United States Code, as added by section 4(a); and (2) make any recommendations to the Secretary of Transportation that may be necessary to improve the enforcement of such regulations. (b) Security and Insurance Amount Assessment.--Every 5 years, the Administrator of the Federal Motor Carrier Safety Administration shall review, with public notice and comment, the amount of the security and insurance required under section 13904 of title 49, United States Code, to determine whether such amounts are sufficient to provide adequate financial security, and shall be authorized to increase those amounts, if necessary, based upon that determination. SEC. 6. UNLAWFUL BROKERAGE ACTIVITIES. (a) In General.--Chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14916. Unlawful brokerage activities ``(a) Prohibited Activities.--Any person that acts as a broker, other than a non-vessel-operating common carrier (as defined in section 40102(16) of title 46), or an ocean freight forwarder providing brokerage as part of an international through movement involving ocean transportation between the United States and a foreign port, is prohibited from providing interstate brokerage services as a broker unless that person-- ``(1) is registered under, and in compliance with, section 13903; and ``(2) has satisfied the financial security requirements under section 13904. ``(b) Civil Penalties and Private Cause of Action.--Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable-- ``(1) to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and ``(2) to the injured party for all valid claims incurred without regard to amount. ``(c) Liable Parties.--The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally-- ``(1) to any corporate entity or partnership involved; and ``(2) to the individual officers, directors, and principals of such entities.''. (b) Clerical Amendment.--The table of sections for chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``14916. Unlawful brokerage activities.''.

Fighting Fraud in Transportation Act of 2011 - Directs the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) to establish procedures to screen annually its list of registered motor carriers, brokers, and freight forwarders to: (1) ensure the list accurately reflects only those entities with currently active operating authority; and (2) show as inactive any motor carriers, brokers, or freight forwarders that are no longer active or in compliance with federal registration and security requirements. Requires the FMCSA Administrator to issue a distinctive registration number for each activity or service of a person (including motor carrier, freight forwarder, or broker) registered to provide one or more such activities or services. Requires a registrant to specify, in writing, the authority under which it is providing required services for each shipment for which it seeks compensation. Revises federal motor carrier registration requirements to prohibit a motor carrier from brokering transportation services unless registered as a broker. Revises and consolidates federal registration and security requirements for freight forwarders and brokers. Prohibits a person from acting as a freight forwarder or broker unless that person: (1) holds a freight forwarder's permit or broker's license issued by the FMCSA; and (2) furnishes a bond, insurance policy, or other type of security from a provider determined by the FMCSA Administrator to be adequate to insure financial responsibility of $100,000. Prohibits a person acting as a broker (other than a non-vessel-operating common carrier), or an ocean freight forwarder providing brokerage as part of an international through movement involving ocean transportation between the United States and a foreign port, from providing interstate brokerage services unless that person: (1) is registered under and in compliance with this Act, and (2) has satisfied financial security requirements. Prescribes civil penalties for violators of such requirements.

To amend section 139 of title 49, United States Code, to increase the effectiveness of Federal oversight of motor carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Oversight for Technology which Advances Regulatory Efficiency Act'' or the ``SOFTWARE Act''. SEC. 2. HEALTH SOFTWARE. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss)(1) The term `health software' means software that does not, through use of an in vitro diagnostic device or signal acquisition system, acquire, process, or analyze an image or physiological signal, is not an accessory, is not an integral part of a device necessary to support the use of the device, is not used in the manufacture and transfusion of blood and blood components to assist in the prevention of disease in humans, and-- ``(A) is intended for use for administrative or operational support or the processing and maintenance of financial records; ``(B) is intended for use in clinical, laboratory, or administrative workflow and related recordkeeping; ``(C)(i) is intended for use solely in the transfer, aggregation, conversion (in accordance with a present specification), storage, management, retrieval, or transmission of data or information; ``(ii) utilizes a connectivity software platform, electronic or electrical hardware, or a physical communications infrastructure; and ``(iii) is not intended for use-- ``(I) in active patient monitoring; or ``(II) in controlling or altering the functions or parameters of a device that is connected to such software; ``(D) is intended for use to organize and present information for health or wellness education or for use in maintaining a healthy lifestyle, including medication adherence and health management tools; ``(E) is intended for use to analyze information to provide general health information that does not include patient-specific recommended options to consider in the prevention, diagnosis, treatment, cure, or mitigation of a particular disease or condition; or ``(F) is intended for use to analyze information to provide patient-specific recommended options to consider in the prevention, diagnosis, treatment, cure, or mitigation of a particular disease or condition. ``(2) The term `accessory' means a product that-- ``(A) is intended for use with one or more parent devices; ``(B) is intended to support, supplement, or augment the performance of one or more parent devices; and ``(C) shall be classified by the Secretary-- ``(i) according to its intended use; and ``(ii) independently of any classification of any parent device with which it is used.''. SEC. 3. APPLICABILITY AND INAPPLICABILITY OF REGULATION. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. HEALTH SOFTWARE. ``(a) Inapplicability of Regulation to Health Software.--Except as provided in subsection (b), health software shall not be subject to regulation under this Act. ``(b) Exception.-- ``(1) In general.--Subsection (a) shall not apply with respect to a software product-- ``(A) of a type described in subparagraph (F) of section 201(ss)(1); and ``(B) that the Secretary determines poses a significant risk to patient safety. ``(2) Considerations.--In making a determination under subparagraph (B) of paragraph (1) with respect to a product to which such paragraph applies, the Secretary shall consider the following: ``(A) The likelihood and severity of patient harm if the product were to not perform as intended. ``(B) The extent to which the product is intended to support the clinical judgment of a medical professional. ``(C) Whether there is a reasonable opportunity for a medical professional to review the basis of the information or treatment recommendation provided by the product. ``(D) The intended user and user environment, such as whether a medical professional will use a software product of a type described in subparagraph (F) of section 201(ss)(1). ``(c) Delegation.--The Secretary shall delegate primary jurisdiction for regulating a software product determined under subsection (b) to be subject to regulation under this Act to the center at the Food and Drug Administration charged with regulating devices. ``(d) Regulation of Software.-- ``(1) In general.--The Secretary shall review existing regulations and guidance regarding the regulation of software under this Act. The Secretary may implement a new framework for the regulation of software and shall, as appropriate, modify such regulations and guidance or issue new regulations or guidance. ``(2) Issuance by order.--Notwithstanding subchapter II of chapter 5 of title 5, United States Code, the Secretary may modify or issue regulations for the regulation of software under this Act by administrative order published in the Federal Register following the publication of a proposed order. ``(3) Areas under review.--The review of existing regulations and guidance under paragraph (1) may include review of the following areas: ``(A) Classification of software. ``(B) Standards for development of software. ``(C) Standards for validation and verification of software. ``(D) Review of software. ``(E) Modifications to software. ``(F) Manufacturing of software. ``(G) Quality systems for software. ``(H) Labeling requirements for software. ``(I) Postmarketing requirements for reporting of adverse events. ``(4) Process for issuing proposed regulations, administrative order, and guidance.--Not later than 18 months after the date of enactment of this section, the Secretary shall consult with external stakeholders (including patients, industry, health care providers, academia, and government) to gather input before issuing regulations, an administrative order, and guidance under this subsection. ``(e) Rule of Construction.--Nothing in this section shall be construed as providing the Secretary with the authority to regulate under this Act any health software product of the type described in subparagraph (F) of section 201(ss)(1) unless and until the Secretary has made a determination described in subsection (b)(1)(B) with respect to such product.''. SEC. 4. EXCLUSION FROM DEFINITION OF DEVICE. Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in subparagraph (2), by striking ``or'' after ``or other animals,''; (2) in subparagraph (3), by striking ``and'' and inserting ``or''; and (3) by inserting after subparagraph (3) the following: ``(4) is not health software (other than software determined to be a risk to patient safety under section 524B(b)), and''.

Sensible Oversight for Technology which Advances Regulatory Efficiency Act or the SOFTWARE Act This bill amends the Federal Food, Drug, and Cosmetic Act to define health software as software that does not acquire, process, or analyze data from an in vitro diagnostic device or signal acquisition system, is not an accessory or part of a medical device, is not used to prevent disease in the transfusion of blood and blood components, and is for: administrative or operational support or the processing and maintenance of financial records; use in clinical, laboratory, or administrative workflow and recordkeeping; managing data but not for active patient monitoring or controlling the functions of a connected medical device; organizing and presenting information for health or wellness education or maintaining a healthy lifestyle; or analyzing information to provide general health information or patient-specific recommendations. The FDA must classify an accessory of a medical device independently from the medical device with which it is used. Health software is exempted from regulation by the FDA (including as a medical device), except for software that provides patient-specific recommendations and poses a significant risk to patient safety. The FDA must review existing regulations and guidance regarding the regulation of health software.

SOFTWARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Housing Protection Act''. SEC. 2. CLARIFICATION OF PER-UNIT COSTS UNDER SECTION 8 RENTAL HOUSING ASSISTANCE PROGRAM. (a) In General.--Paragraph (1) of the item relating to the Housing Certificate Fund in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 (division G of Public Law 108-199; 118 Stat. 372) is amended-- (1) by inserting ``in each calendar quarter'' after ``and by applying''; and (2) by inserting ``in the most recent quarter for which the public housing agency has submitted such actual per unit cost information to the Secretary'' after ``actual per unit cost''. (b) Applicability.--The amendment made by subsection (a) shall apply to all expiring section 8 tenant-based annual contributions contracts renewed pursuant to the paragraph referred to in subsection (a), whether such renewal occurs before, on, or after the date of the enactment of this Act. SEC. 3. PLAN TO END WAITING LISTS FOR SECTION 8 RENTAL HOUSING ASSISTANCE. (a) Development of Plan.--The Secretary of Housing and Urban Development shall develop a plan to reduce and eventually eliminate the delay between the submission by an eligible family to a public housing agency of an application for rental housing assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and the time when such assistance is eventually made available on behalf of such a family. The plan shall-- (1) identify actual affordable housing needs, taking into consideration needs of eligible families who have not applied to a public housing agency for housing assistance due to extensive or closed waiting lists; (2) provide for elimination of waiting lists over both the 10- and 20-year periods that begin upon the date of the enactment of this Act; (3) determine the amount of additional funding and other resources necessary to eliminate the delay in providing housing assistance to eligible families and the appropriate programs and activities to which to devote such resources; (4) include a strategy for expenditure of additional funds that sets forth the projected results of such expenditures; and (5) set forth options for an incentive program to encourage landlords to participate in the rental housing assistance program under such section 8. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress setting forth the plan required under subsection (a). SEC. 4. PROTECTION OF SECTION 8 RESERVES. (a) Notification and Replenishment.--If the Secretary of Housing and Urban Development withdraws amounts from the reserve account for any public housing agency, or takes any other action that has the result of reducing amounts in a reserve account without approval of the agency, the Secretary shall-- (1) immediately notify the agency of such withdrawal or action; and (2) before the commencement of the quarter of the fiscal year first commencing after such withdrawal or action, replenish such reserve account with the full amount of such withdrawal or reduction. (b) Zero Balance Approval.--The Secretary of Housing and Urban Development may not withdraw amounts from the reserve account for any public housing agency, or take any other action that has the result of reducing amounts in a reserve account, if such withdrawal or action causes the balance of amounts in the reserve account for a public housing agency to fall to zero, unless, in advance of such withdrawal or action, the Secretary of Housing and Urban Development notifies the public housing agency of withdrawal or action and obtains written approval of such withdrawal or action from such public housing agency. (c) Quarterly Notification.--The Secretary of Housing and Urban Development shall, on a quarterly basis, notify each public housing agency of the balance of amounts in the reserve account for the agency. (d) Definitions.--For purposes of this section: (1) Public housing agency.--The term ``public housing agency'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (2) Reserve account.--The term ``reserve account'' means, with respect to a public housing agency, the annual contributions contract reserve account for the agency for the tenant-based rental assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) . SEC. 5. ADDITIONAL FUNDING FOR FAIR HOUSING INITIATIVES PROGRAM. Subsection (g) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended by adding after and below paragraph (4) the following: ``In addition to any other amounts made available to carry out this section, there is authorized to be appropriated for investigative and enforcement activities under this section $20,000,000 for each of fiscal years 2005, 2006, and 2007. ''.

Fair Housing Protection Act - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 to revise the per-unit cost calculation for expiring tenant-based rental assistance contracts under section 8 of the United States Housing Act of 1937. Directs the Secretary of Housing and Urban Development to develop a plan to end section 8 waiting lists. States that if the Secretary withdraws amounts from the reserve account for any public housing agency, or takes any other action that reduces reserve accounts without agency approval, the Secretary shall: (1) notify the agency of such withdrawal or action; and (2) before the commencement of the quarter of the fiscal year first commencing after such withdrawal or action, replenish the reserve account with the full amount of such withdrawal or reduction. Prohibits a zero balance withdrawal by the Secretary without prior notice to, and written approval from, a public housing agency. Amends the Housing and Community Development Act of 1987 to authorize additional appropriations for the fair housing initiatives program.

To reform and improve certain housing programs of the Department of Housing and Urban Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sheltering All Veterans Everywhere Act'' or the ``SAVE Reauthorization Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) homelessness is a serious problem in the United States; (2) veterans, who have served and defended this Nation, are especially at risk for homelessness; (3) the Department of Veterans Affairs estimates that more than 250,000 veterans are homeless on any given night; (4) an estimated 1 out of every 3 homeless men served in the Armed Forces; (5) America's homeless veterans have served bravely in World War II, the Korean War, the Cold War, the Vietnam War, and more recent efforts such as Operation Enduring Freedom and Operation Iraqi Freedom; (6) male veterans are twice as likely to become homeless compared to their non-veteran counterparts; (7) female veterans are almost 4 times as likely to become homeless than their non-veteran counterparts; (8) it is imperative that the United States Government provide homeless or at-risk veterans with the services they need to prevent and end their homeless situations; and (9) the programs reauthorized by this Act provide important housing and services to homeless veterans and deserve to be reauthorized. SEC. 3. COMPREHENSIVE SERVICE PROGRAMS. (a) Amending the Structure by Which Grant and Per Diem Grantees Receive Payment.--Section 2012(a)(2) of title 38, United States Code, is amended to read as follows: ``(2) The rate for per diem payments under paragraph (1) shall be the rate authorized for State homes for domiciliary care under section 1741(a)(1)(A) of this title.''. (b) Authorization of Appropriations for the Homeless Providers Grant and Per Diem Program.--Section 2013 of title 38, United States Code, is amended by adding at the end the following: ``(5) $200,000,000 for each of fiscal years 2006 through 2011.''. SEC. 4. HOMELESS VETERANS REINTEGRATION PROGRAMS. (a) Expansion to Include Veterans at Imminent Risk for Homelessness.--Section 2021(a) of title 38, United States Code, is amended by inserting ``and veterans who are at imminent risk of homelessness'' after ``to expedite the reintegration of homeless veterans''. (b) Authorization of Appropriations.--Section 2021(e)(1) of title 38, United States Code, is amended by adding at the end the following: ``(F) $50,000,000 for each of fiscal years 2007 through 2011.''. SEC. 5. DEPARTMENT OF VETERANS AFFAIRS OUTREACH SERVICES. Section 2022 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``including particular veterans'' and inserting the following: ``including-- ``(1) particular veterans''; and (B) by striking the period at the end and inserting the following: ``; and ``(2) members of the armed forces separating from active duty.''; (2) in subsection (b), by adding at the end the following: ``(7) Plans to provide information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness.''; and (3) in subsection (e)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) provision of information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness.''. SEC. 6. TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. (a) Extension of General Treatment Authorization.--Section 2031(b) of title 38, United States Code, is amended by striking ``2006'' and inserting ``2011''. (b) Extension of Additional Services Authorization.--Section 2033(d) of title 38, United States Code, is amended by striking ``2006'' and inserting ``2011''. SEC. 7. PERMANENT EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO TRANSFER PROPERTIES OBTAINED THROUGH FORECLOSURE OF VA HOME MORTGAGES. Section 2041 of title 38, United States Code, is amended by striking subsection (c). SEC. 8. GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS. Section 2061(c) of title 38, United States Code, is amended by striking ``fiscal years 2003, 2004, and 2005'' and inserting ``fiscal years 2005 through 2011''. SEC. 9. EXPANDING ELIGIBILITY FOR DENTAL CARE. Section 2062(b) of title 38, United States Code, is amended-- (1) in paragraph (2), by striking ``, for a period of 60 consecutive days,''; and (2) by striking paragraph (3). SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR THE HOMELESS VETERAN SERVICE PROVIDER TECHNICAL ASSISTANCE PROGRAM. Section 2064(b) of title 38, United States Code, is amended to read as follows: ``(b) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 for each of fiscal years 2006 through 2011 to carry out the programs under this section.''. SEC. 11. ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS. Section 2065(b) of title 38, United States Code, is amended by adding at the end the following: ``(6) Information on the efforts of the Secretary to coordinate the delivery of housing and services to homeless veterans with other Federal departments and agencies, including-- ``(A) the Department of Defense; ``(B) the Department of Health and Human Services; ``(C) the Department of Housing and Urban Development; ``(D) the Department of Justice; ``(E) the Department of Labor; ``(F) the Interagency Council on Homelessness; and ``(G) the Social Security Administration.''. SEC. 12. ADVISORY COMMITTEE ON HOMELESS VETERANS. Section 2066 of title 38, United States Code, is amended-- (1) in subsection (a)(3), by adding at the end the following: ``(E) The Executive Director of the Interagency Council on Homelessness (or a representative of the Executive Director).''; and (2) in subsection (d), by striking ``December 31, 2006'' and inserting ``September 30, 2011.'' SEC. 13. STUDY ON MILITARY SEXUAL TRAUMA AND HOMELESSNESS. (a) In General.--Not later than September 30, 2007, the Secretary of Veterans Affairs shall submit a report containing the results of a study on the intersection of military sexual trauma and homelessness and effective service models for addressing trauma among homeless veterans to-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Veterans' Affairs of the Senate; (3) the Committee on Armed Services of the House of Representatives; and (4) the Committee on Veterans' Affairs of the House of Representatives. (b) Contents.--The study required under subsection (a) shall include-- (1) an examination of a possible correlation between military sexual trauma and homelessness among veterans; (2) a summary description of effective service models for assembling various treatment modalities and environments for treating homeless veterans who have experienced military sexual trauma; and (3) an outcome evaluation of the ``Seeking Safety'' treatment regime made available by the Secretary to homeless female veterans. (c) Funding.--From amounts appropriated for fiscal years 2006 and 2007 to the Department of Veterans Affairs for medical services to veterans, the Secretary shall make available such sums as may be necessary to conduct the study under subsection (a).

Sheltering All Veterans Everywhere Act or SAVE Reauthorization Act of 2005 - Extends through FY2011: (1) the authorization of appropriations for Department of Veterans Affairs comprehensive services for homeless veterans; (2) the homeless veterans reintegration program; (3) a Department program to provide additional services to homeless veterans at certain locations; (4) a Department grant program for homeless veterans with special needs; (5) the authorization of appropriations for the homeless veteran service provider technical assistance program; and (6) the Advisory Committee on Homeless Veterans. Makes the rate for per diem payments under the Department's comprehensive services for homeless veterans programs the same as that authorized for State homes for veterans' domiciliary care. Includes veterans at imminent risk of homelessness under the veterans reintegration program. Makes permanent (currently terminates at the end of 2008) the authority of the Secretary of Veterans Affairs to transfer properties obtained through foreclosures of Department home mortgages to certain organizations to assist homeless veterans and their families in acquiring shelter. Requires: (1) additional information in an annual report from the Secretary to the congressional veterans' committees on assistance provided to homeless veterans; and (2) a new report from the Secretary to the defense and veterans' committees on the intersection of military sexual trauma and homelessness in veterans.

A bill to amend title 38, United States Code, to reauthorize various programs servicing the needs of homeless veterans for fiscal years 2007 through 2011, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Enhancement Act of 2014''. SEC. 2. ENHANCEMENT OF SECURITY CLEARANCE INVESTIGATION PROCEDURES. (a) Information Collection.--Section 3001(c)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(c)(2)) is amended-- (1) in subparagraph (B) by striking ``and'' at the end; (2) in subparagraph (C) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(D) ensure that each personnel security investigation collects data from a variety of sources, including government, commercial data, consumer reporting agencies, and social media; ``(E) ensure that each personnel security investigation of an individual collects data relevant to the granting, denial, or revocation of the access to classified information, including-- ``(i) information relating to a criminal or civil legal proceeding to which the individual is or becomes a party or witness; ``(ii) financial information, including information relating to-- ``(I) a bankruptcy proceeding; ``(II) a lien against property; ``(III) mortgage fraud; ``(IV) high-value assets, including financial assets, obtained by the individual from an unknown source; and ``(V) bank accounts and bank account balances; ``(iii) credit reports from the major consumer reporting agencies or a wealth indicator for any individual about whom the major credit reporting agencies have little or no information; ``(iv) associations, past or present, of the individual with an individual or group that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology; ``(v) public information, including news articles or reports, that includes derogatory information about the individual; ``(vi) information posted on a social media website or forum that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology; and ``(vii) data maintained on a terrorist or criminal watch list maintained by an agency, State or local government, or international organization, including any such list maintained by-- ``(I) the Office of Foreign Assets Control of the Department of the Treasury; ``(II) the Federal Bureau of Investigation; and ``(III) the International Criminal Police Organization; ``(F) provide for review of the accuracy and comprehensiveness of information relating to the access to classified information of an individual through timely periodic reinvestigations and include data collected during such reinvestigations in the database required by subsection (e); and ``(G) provide for a process for notification of an agency employing or contracting with personnel with access to classified information if a verification or periodic reinvestigation has revealed information pertinent to revocation of the access.''. (b) Frequency of Periodic Reinvestigations.--Section 3001(a)(7) of such Act (50 U.S.C. 3341(a)(7)) is amended by striking ``every'' and inserting ``2 times every'' each place it occurs. (c) Reports.--Section 3001(h) of such Act (50 U.S.C. 3341(h)) is amended-- (1) in paragraph (1) by striking ``through 2011''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) an assessment of the effectiveness of the database required by subsection (e);''. (d) Funding From the Revolving Fund of the Office of Personnel Management.--Section 1304(e)(1) of title 5, United States Code, is amended by inserting ``the security clearance system required under section 3001(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(e)),'' after ``including''. SEC. 3. LIMITATION. None of the amendments made by this Act shall be construed as requiring increased consideration of information relating to minor financial or mental health issues of an individual in evaluating the access to classified information of such individual. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect 1 year after the date of enactment of this Act.

Security Clearance Enhancement Act of 2014 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the responsibilities of the executive agency selected to conduct security clearance investigations of U.S. government employees and contractors who require access to classified information. Requires such agency to provide for: (1) the collection of data from government, commercial data, consumer reporting agency, and social media sources, as well as data relevant to the granting, denial, or revocation of access to classified information; (2) periodic reinvestigations to review the accuracy and comprehensiveness of information relating to such access; and (3) a process to notify an agency if a verification or periodic reinvestigation has revealed information pertinent to revocation of access. Requires personnel security investigations of an individual to include information collected from: criminal or civil legal proceedings; financial information sources, including bankruptcy proceedings, property liens, mortgages, high-value assets obtained from unknown sources, and bank accounts; credit reports or wealth indicators; associations with an individual or group that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology; public sources, including news articles or reports; social media websites or forums; and terrorist or criminal watch lists maintained by an agency, state or local government, or international organization, including the Office of Foreign Assets Control of the Department of the Treasury, the Federal Bureau of Investigation (FBI), and the International Criminal Police Organization. Requires data collected during reinvestigations to be included in the security clearance database established by the Office of Personnel Management (OPM). Increases the frequency of periodic investigations conducted for the purpose of updating a previously completed background investigation to two times (currently, once) every: (1) 5 years in the case of a top secret clearance or access to a highly sensitive program, (2) 10 years in the case of a secret clearance, or (3) 15 years in the case of a confidential clearance. Reestablishes an annual report to Congress regarding security clearances. Requires such reports to assess the effectiveness of OPM's security clearance database. Prohibits this Act from being construed to require increased consideration of information relating to an individual's minor financial or mental health issues.

Security Clearance Enhancement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary Educator STEM Content Coach Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous recent reports by national advisory groups, including the President's Council of Advisors on Science and Technology (PCAST) and committees of the National Academies, have highlighted the need to raise student achievement in science, technology, engineering, and mathematics (STEM) fields to enable the United States to maintain its competitive edge in the global economy. (2) The PCAST report entitled ``Prepare and Inspire: K-12 Education in Science, Technology, Engineering, and Math (STEM) for America's Future'' states, ``The most important factor in ensuring excellence is great STEM teachers, with both deep content knowledge in STEM subjects and mastery of the pedagogical skills required to teach these subjects well.''. (3) The PCAST report also recommends that the Federal Government should support the professional development of all teachers to help them achieve deep STEM content knowledge and mastery of STEM pedagogy. (4) The National Academy of Sciences finds that school districts need to enhance the capacity of kindergarten through grade 12 teachers with content knowledge and expertise in teaching in order to successfully promote effective STEM education in those grades. (5) The Center for American Progress finds that improving the elementary school teacher's knowledge of STEM-related facts, concepts, and procedures is vital to our Nation's global competitiveness in the 21st century. SEC. 3. PURPOSE. The purpose of this Act is to create a cohort of elementary educators with a deep content knowledge in STEM disciplines by providing professional development to elementary educators. SEC. 4. ELEMENTARY EDUCATOR STEM CONTENT COACH GRANT PROGRAM. From amounts appropriated under section 9, the Secretary of Education shall award grants to State educational agencies to award subgrants to eligible entities to carry out professional development training programs for STEM Coaches. SEC. 5. GRANTS TO STATE EDUCATIONAL AGENCIES. To be eligible to receive a grant under this Act, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include-- (1) a list of the eligible entities the State educational agency has selected to receive a subgrant under this program; and (2) assurances that the State educational agency has adopted college- and career-ready standards in STEM disciplines. SEC. 6. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. (a) Eligibility.--To be eligible to receive a subgrant under this Act, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, which shall include-- (1) an identification of the number of STEM Coaches and the schools at which the STEM Coaches teach; (2) a description of the qualifications of the STEM Coaches; (3) assurances that the eligible entity will make reasonable efforts to place STEM Coaches that complete the professional development training program described in this section in positions at a school served by the local educational agency that receives the subgrant; and (4) a description of the plan for offering a research-based professional development training program to STEM Coaches, which may include-- (A) training in STEM disciplines which may include science, technology, computer science, engineering design, mathematics, and computational thinking; (B) methods to integrate such disciplines into the curriculum; (C) methods to increase skills and knowledge of pedagogy for effective STEM teaching; (D) techniques for engaging historically underachieving or underrepresented groups in STEM fields, such as girls, minorities, low-income students, English language learners, and students with disabilities; (E) educational and instructional leadership training; and (F) opportunities for teacher mentoring and collaboration. (b) Benefits of Professional Development.--The professional development training program described in subsection (a)(4) shall be designed to-- (1) give STEM Coaches a deep understanding of the principles and concepts of STEM disciplines; (2) create enthusiasm for the teaching and learning of STEM disciplines; (3) provide opportunities for collaboration and teacher mentoring among STEM Coaches and between STEM Coaches and other teachers; and (4) allow STEM Coaches to connect student learning in STEM disciplines-- (A) to real-life applications; (B) to out of school programs; and (C) across the curriculum. (c) Subgrant Period.--An eligible entity awarded a subgrant under this Act shall conduct the professional development training program described in this section for a period of not less than 3 successive school years. (d) Requirements for Additional Funding.--An eligible entity awarded a subgrant under this Act shall receive funds for the second half of the subgrant period described in subsection (c) upon demonstration to the Secretary that the eligible entity is making progress in implementing the professional development training program described in this section at a rate that the Secretary determines will result in full implementation of such program. SEC. 7. EVALUATION AND REPORT. (a) In General.--The Secretary shall develop a plan for a national evaluation of the Elementary Educator STEM Content Coach program that evaluates-- (1) the implementation of the program; and (2) the results achieved by eligible entities at the end of the 3-year subgrant period. (b) Reports to Congress.--Not later than September 1 of the first year beginning after the end of the subgrant periods, the Secretary shall submit a report describing the results of the evaluation under subsection (a) to the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate. SEC. 8. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``community-based organization'' ``elementary school'', ``institution of higher education'' ``local educational agency'', ``professional development'', ``Secretary'', ``State educational agency'', and ``teacher mentoring'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) College- and career-ready standards.--The term ``college- and career-ready standards'' has the meaning given the term in the notice entitled ``Application for New Awards; Race to the Top-District'' published by the Department of Education on August 16, 2012 (77 Fed. Reg. 49654). (3) Elementary educator.--The term ``elementary educator'' means a teacher who-- (A) teaches in a public elementary school in a State; (B) has at least 3 years of classroom teaching experience; (C) has obtained full certification as a teacher in such State, or holds a license to teach in such State, in 1 or more grades from prekindergarten through grade 6; and (D) exhibits content knowledge in STEM fields. (4) Eligible entity.--The term ``eligible entity'' means a partnership of-- (A) 1 or more local educational agencies; and (B) 1 or more public or nonprofit organizations, which may include institutions of higher education and community-based organizations, with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities for students. (5) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. (7) STEM coach.--The term ``STEM Coach'' means an elementary educator who participates in or has participated in the Elementary Educator STEM Content Coach program under this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Education such sums as are necessary for fiscal years 2014 through 2018 to carry out this Act.

Elementary Educator STEM Content Coach Act - Directs the Secretary of Education to award grants to states and, through them, subgrants to partnerships between local educational agencies and public or nonprofit organizations to carry out professional development training programs for elementary school teachers that have at least three years of classroom teaching experience and exhibit content knowledge in the science, technology, engineering, and mathematics (STEM) fields. Refers to those teachers as STEM Coaches. Requires grant applicants to have adopted college- and career-ready standards in the STEM disciplines. Requires public or nonprofit subgrantees to have expertise in developing or implementing before school, after school, summer learning, or expanded learning time activities for students. Requires the professional development training programs to: (1) give STEM Coaches a deep understanding of the principles and concepts of the STEM disciplines; (2) create enthusiasm for the STEM disciplines; (3) provide opportunities for collaboration and teacher mentoring among STEM Coaches and between STEM Coaches and other teachers; and (4) allow STEM Coaches to connect student learning in the STEM disciplines to real-life applications, to out of school programs, and across the curriculum. Directs the Secretary to plan a national evaluation of the professional development training program for STEM Coaches.

Elementary Educator STEM Content Coach Act

SECTION 1. EMPOWERING FUTURE ENTREPRENEURS. Title V of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking the title heading and inserting the following: ``TITLE V--PROMOTING EQUITY AND EMPOWERMENT''; and (2) by adding at the end the following new part: ``PART D--EMPOWERING FUTURE ENTREPRENEURS ``SEC. 5401. SHORT TITLE AND FINDINGS. ``(a) Short Title.--This part may be cited as the ``Future Entrepreneurs of America Act''. ``(b) Findings.--The Congress finds the following: ``(1) In order to reach their career goals in our dynamic American economy, young people need to take personal responsibility to obtain the skills, knowledge, constructive attitudes, and experiences that will enable them to function as creative, self-confident participants in the workforce. ``(2) Research has found that 61 percent of high school students are interested in starting their own business and 75 percent of students believe it is important for the Nation's schools to teach more about entrepreneurship and starting a business. ``(3) States have begun to express increased interest in entrepreneurship education. State educational leaders are recognizing that self-employment is a viable career option for young people and are exploring ways to better prepare them to own and operate their own businesses. ``(4) As part of a lifelong learning process, entrepreneurship education helps to increase the motivation of young people to learn, helps them develop a sense of individual opportunity, enhances their personal growth, helps them develop an appreciation of the importance of innovation, helps develop their problem solving and leadership skills, helps them learn to manage their finances, and helps them develop the sort of optimistic outlook and self-reliant attitudes that will benefit them for their entire working lives. ``(5) Entrepreneurship education integrates instruction in economic literacy, including how the economy functions, the workings of the social security system, and the importance of personal savings. ``(6) The entrepreneurs and inventors of tomorrow are in our schools today. The entrepreneurial spirit needs to be nurtured at all levels of our Nation's educational system especially beginning with students in grades 7 through 12. ``SEC. 5402. STATE GRANT PROGRAM. ``(a) Authority.--In any fiscal year in which the appropriations under section 5408(a) equal or exceed $50,000,000, the Secretary shall make grants to States from allocations under subsection (d) to enable them to carry out entrepreneurship education programs for students in grades 7 through 12. ``(b) Agency To Receive Grant.--A grant award to a State under subsection (a) shall be made to the State educational agency. ``(c) State Plan.-- ``(1) Approved state plan required.--No State shall receive a grant under subsection (a) unless it has submitted to the Secretary a plan, which the Secretary has approved. ``(2) State plan contents.--The State plan described in paragraph (1) shall include-- ``(A) a description of how the State will use a grant; ``(B) a description of how the programs supported by a grant will-- ``(i) involve the business community; and ``(ii) be coordinated with other relevant Federal, State, regional, and local programs; and ``(C) a description of how the State will evaluate program performance. ``(d) Allocation of Funds.-- ``(1) Allocation factors.--Except as otherwise provided in paragraph (2), the Secretary shall allocate the amounts made available to carry out this section pursuant to subsection (a) to each State according to the relative populations in all the States of students in grades 7 through 12, as determined by the Secretary based on the most recent satisfactory data. ``(2) Minimum allocation.--Subject to the availability of appropriations and notwithstanding paragraph (1), a State that has submitted an approved plan under subsection (c) shall be allocated an amount not less than $400,000 for a fiscal year. ``(3) Reallocation.--In any fiscal year an allocation under this subsection-- ``(A) for a State that has not submitted a plan under subsection (c); or ``(B) for a State whose plan submitted under subsection (c) has been disapproved by the Secretary; shall be reallocated to the remaining States in accordance with paragraph (1). ``(e) Use of Grant Funds.-- ``(1) Required uses.--A grant made to a State under subsection (a) shall be used-- ``(A) to provide funds to local educational agencies and public schools to carry out entrepreneurship education programs for students in grades 7 through 12 based on the concept of lifelong learning necessary to encourage the entrepreneurial spirit; and ``(B) to monitor and evaluate programs supported under subparagraph (A). ``(2) Permissible use.--A grant made to a State under subsection (a) may be used for professional development that helps to prepare teachers and administrators for entrepreneurial education. ``(3) Limitation on administrative costs.--A State receiving a grant under subsection (a) may use not more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out this section. ``(f) Report to the Secretary.--Each agency receiving a grant as described in subsection (b) shall transmit a report to the Secretary with respect to each fiscal year for which a grant was received. The report shall describe the programs supported by the grant and the results of the State's monitoring and evaluation of such programs. ``SEC. 5403. DIRECT LOCAL GRANT PROGRAM. ``In any fiscal year in which the appropriations under section 5408(a) are less than $50,000,000, the Secretary may make grants directly to local educational agencies and public schools to provide entrepreneurship education to students in grades 7 through 12. ``SEC. 5404. CLEARINGHOUSE. ``(a) Authority.--The Secretary shall make a grant to or execute a contract with an organization or institution with substantial experience in the field of entrepreneurship education to establish, operate, and maintain a national clearinghouse (in this part referred to as the ``Clearinghouse'') for instructional materials and information regarding exemplary entrepreneurship education programs and best practices. ``(b) Application.--An organization or institution desiring to establish, operate, and maintain the Clearinghouse shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. ``(c) Basis and Term.--The Secretary shall make the grant or contract authorized by subsection (a) on a competitive, merit basis for a term of 5 years. ``(d) Use of Funds.--The Clearinghouse shall use the funds provided under a grant or contract made under subsection (a)-- ``(1) to maintain a repository of instructional materials and related information regarding entrepreneurship education programs for secondary schools, including middle schools, for use by States, localities, and the general public; ``(2) to disseminate to States, localities, and the general public, through electronic and other means, instructional materials and related information regarding entrepreneurship education programs for secondary schools, including middle schools; and ``(3) to the extent that resources allow, to provide technical assistance to States, localities, and the general public on the design, establishment, and implementation of entrepreneurship education programs for secondary schools, including middle schools. ``(e) Consultation.--The Clearinghouse shall consult with the Small Business Administration with respect to its activities under subsection (d). ``(f) Submission to Clearinghouse.--Each Federal agency or department that develops entrepreneurship education programs or instructional materials for such programs shall submit to the Clearinghouse information on the programs and copies of the materials. ``(g) Application of Copyright Laws.--In carrying out this section the Clearinghouse shall ensure compliance with title 17, United States Code. ``SEC. 5405. EVALUATION. ``(a) Performance Measures.--The Secretary shall develop measures to evaluate the performance of programs assisted under sections 5402 and 5403. ``(b) Evaluation According to Performance Measures.--Applying the performance measures developed under subsection (a), the Secretary shall evaluate programs assisted under sections 5402 and 5403-- ``(1) to judge their performance and effectiveness; ``(2) to identify which of the programs represent the best practices of entities developing entrepreneurship education programs for students in grades 7 through 12; and ``(3) to identify which of the programs can be replicated and used to provide technical assistance to States, localities, and the general public. ``SEC. 5406. REPORT TO THE CONGRESS. ``For each fiscal year for which there are appropriations under section 5408(a), the Secretary shall transmit a report to the Congress describing the status of the implementation of this part. The report shall include the results of the evaluation required by section 5405 and a description of the programs supported under sections 5402 and 5403. ``SEC. 5407. DEFINITIONS. ``In this part-- ``(1) the term `entrepreneurship education' means educational activities and experiences, planned and supervised by qualified teachers, that enable students to explore business ownership opportunities, acquire the skills and knowledge necessary to start a business, and develop a range of entrepreneurial competencies that will help them to explore and identify their lifelong career goals as business owners or as competent employees; and ``(2) the term `qualified teacher' means a teacher who holds a valid teaching certification or is considered to be qualified by the State educational agency in the State in which the teacher works. ``SEC. 5408. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--For the purposes of carrying out this part, there are authorized to be appropriated $60,000,000 for each of the fiscal years 2002 through 2006. ``(b) Limitation on Funds for Clearinghouse.--The Secretary may use not less than 2 percent and not more than 5 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 5404. ``(c) Limitation on Funds for Secretary's Evaluation.--The Secretary may use not more than $200,000 from the amounts appropriated under subsection (a) for each fiscal year to carry out section 5405. ``(d) Limitation on Administrative Costs.--Except as provided in subsection (b) and as necessary to carry out section 5405 using amounts described in subsection (c), the Secretary shall not use any portion of the amounts appropriated under subsection (a) for the costs of administering this part. ``(e) Funds for Grants.--For each fiscal year the Secretary shall use all amounts appropriated under subsection (a), other than the amounts described in subsections (b) and (c), only for grants under section 5402 or 5403.''.

Future Entrepreneurs of America Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for entrepreneurship education and training programs for students in grades seven through 12. Requires such grants to States in any fiscal year in which appropriations under this Act equal or exceed a specified amount. Authorizes the Secretary to make direct grants to local educational authorities and public schools for such programs, in any fiscal year for which appropriations do not reach the level required for grants to States.Directs the Secretary to: (1) make a competitive grant or contract for a national clearinghouse for instructional materials and information regarding exemplary entrepreneurship education and training programs and best practices; and (2) develop performance measures and evaluate programs assisted under this Act.

To promote youth entrepreneurship education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Improvement and Accountability Act of 2010''. SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND CONTRACT OVERSIGHT FORCE. Section 1315 of title 40, United States Code, is amended by redesignating subsections (c) through (e) as subsections (f) through (h), and by inserting after subsection (b) the following new subsections: ``(c) Inspectors.-- ``(1) In general.--The Secretary shall maintain no fewer than 1,350 full-time equivalent positions in the Federal Protective Service inspector force, who shall be fully trained Federal law enforcement officers. ``(2) Classification.--The Secretary shall classify the positions in the inspector force in the following 2 functional categories: ``(A) Facility security assessment.--Federal Facility Security Officers, who shall be responsible for-- ``(i) performing facility security assessments, including contract guard post inspections; ``(ii) making security countermeasure recommendations for facilities; ``(iii) participating in security training and disseminating homeland security information, consistent with applicable protocols and protections, to building occupants and facility security guards, including contract guards; and ``(iv) assessing, on an ongoing basis, the security of each facility protected by the Federal Protective Service and the extent to which security countermeasure recommendations have been implemented for each such facility. ``(B) Security enforcement and investigations.--Law enforcement officers, who shall be responsible for-- ``(i) patrolling and on-site monitoring of the physical security, including perimeter security, of each facility; ``(ii) investigations; and ``(iii) physical law enforcement in the event of a terrorist attack, security incident, or other incident. ``(d) Contract Oversight.-- ``(1) In general.--The Secretary shall establish the Federal Protective Service contract oversight force, which shall consist of full-time equivalent positions and who shall be responsible for, in coordination with the Federal Protective Service inspector force-- ``(A) monitoring contracts, contractors, and contract guards provided by contractors; ``(B) performing annual evaluations of the persons holding contracts for supplying contract guards to the Federal Protective Service; and ``(C) verifying that contract guards have necessary training and certification. ``(2) Limitation on performance of functions.--The contract oversight functions described in paragraph (1) shall not be performed by law enforcement officers or individuals employed pursuant to subsection (c). ``(e) Uniform Minimum Standards.-- ``(1) In general.--Not later than one year after the date of enactment of the Federal Protective Service Improvement and Accountability Act of 2010, the Secretary shall establish minimum training and certification standards for security guard services at facilities protected by the Federal Protective Service. ``(2) Limitation.--Upon establishment of minimum training and certification standards, the Secretary, acting through the Director of the Federal Protective Service, shall require that all contracts for security guard services comply with these standards.''. SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COMMITTEE MINIMUM SECURITY STANDARDS. It is the sense of Congress that the security standards for Federal facilities established by the Interagency Security Committee in the document entitled ``Physical Security Criteria for Federal Facilities: An Interagency Security Committee Standard'', as approved by concurrence of the Committee membership on April 12, 2010, should be implemented for all Federal facilities for which they were issued. SEC. 4. RESEARCH. (a) In General.--Within 6 months after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Federal Protective Service, shall commence a 1-year pilot program to research the advantages of converting guard positions at the highest-risk Federal facilities protected by the Federal Protective Service from contract guard positions to positions held by Federal employees. (b) Requirements.--At a minimum, the Secretary shall conduct the research pilot program at one level III facility and one level IV facility in each of Federal Protective Service regions I, III, V, and VII by hiring individuals to fill guard positions at each facility that participates in the research pilot in accordance with subsection (c). (c) Federal Facility Security Guard Position.-- (1) In general.--For purposes of this section, and subject to the availability of appropriations, the Secretary, acting through the Director, shall establish and hire individuals for a Federal facility security guard position. (2) Training.--The Secretary shall provide to individuals employed in that position training in-- (A) performing the physical security for a Federal facility, including access point controls and security countermeasure operations; (B) participating in information sharing and dissemination of homeland security information, consistent with applicable protocols and protections; and (C) responding to specific security incidents, including preparing for and responding to an act of terrorism, that can occur at Federal facilities, including response with force if necessary. (3) Law enforcement officers not required.--The Secretary may not require that individuals employed in such position be Federal law enforcement officers. (d) Temporary Assignments.--The Secretary may assign, on a temporary basis, existing personnel employed by the Federal Protective Service, on a temporary basis, to facilities that participate in the research pilot program to perform security guard services in furtherance of the pilot program, if the Secretary determines that individuals cannot be hired and trained pursuant to subsection (c) in a timely manner. (e) Maintenance of Law Enforcement Personnel.--Notwithstanding any other provision of this section, the Secretary shall maintain at each highest-risk Federal facility protected by the Federal Protective Service (level III and level IV facilities) such number of Federal law enforcement officers as is necessary to provide arrest authority and law enforcement support at that facility, including support for the Federal facility security guards employed under this section, in the event of a terrorist attack, security incident or other incident. (f) GAO Reports.--The Comptroller General of the United States shall-- (1) periodically review and report to Congress on the performance by Federal facility security guards under the pilot program; and (2) upon completion of the pilot program, submit a final report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate evaluating whether or not the performance of individuals in the Federal facility security guard positions was satisfactory, that-- (A) evaluates-- (i) the extent to which the Federal Protective Service ensures that individuals serving in the Federal facility security guard capacity have the required training and certifications before being deployed to a Federal facility; (ii) the extent to which the Federal Protective Service ensures that individuals in the Federal facility security guard capacity comply with post orders once they are deployed at Federal facilities; and (iii) the extent to which security vulnerabilities exist that the Comptroller General determines are related to the performance of the functions of the Federal security guard positions; and (B) compares such evaluation results against the results of previous Comptroller General reports evaluating the performance and oversight of the Federal Protective Service's contract guard program. (g) Implementation.--If the Comptroller General states in the final report under subsection (f)(2) that the Federal facility security guards employed in the position established under subsection (c) are performing satisfactorily, the Secretary shall replace contract guards at all highest risk Federal facilities protected by the Federal Protective Service (level III and level IV facilities) with Federal employees hired as Federal facility security guards. (h) GAO Evaluation of the Federal Protective Service Fee-Based Funding System.--The Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review the fee-based funding system in use by the Federal Protective Service and, as appropriate, issue recommendations for alternative approaches to fund the agency in furtherance of the agency's operations, including the execution of its homeland security and protection missions. The review shall include-- (1) an assessment of the extent to which the current fee- based system fully funds the agency's activities; (2) an assessment of the extent to which the system is properly designed to ensure that the fees charged to occupants of facilities guarded by the agency are sufficient and appropriate; (3) an assessment of the extent to which the fee-based system impedes the agency from executing its operations and implementing oversight, inspections, and security enhancements; and (4) recommendations, as appropriate, for alterations to the current system and alternative funding approaches (including a mix of fees and appropriations). (i) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2011, 2012, and 2013 such sums as are necessary for purposes of this section.

Federal Protective Service Improvement and Accountability Act of 2010 - Directs the Secretary of Homeland Security (DHS) to maintain no fewer than 1,350 full-time equivalent positions in the Federal Protective Service inspector force, who shall be fully trained federal law enforcement officers. Directs the Secretary to classify the positions in the following categories: (1) Federal Facility Security Officers, responsible for security assessment; and (2) law enforcement officers, responsible for physical law enforcement and investigations. Directs the Secretary to establish: (1) the Federal Protective Service contract oversight force; and (2) minimum training and certification standards for security guard services at facilities protected by the Service. Expresses the sense of Congress that specified security standards for federal facilities established by the Interagency Security Committee should be implemented for all federal facilities for which they were issued. Directs the Secretary, through the Director of the Federal Protective Service, to: (1) commence a one-year pilot program to research the advantages of converting guard positions at the highest-risk federal facilities protected by the Service from contract guard positions to positions held by federal employees; and (2) establish and hire individuals for a federal facility security guard position. Directs the Comptroller General to: (1) periodically review and report to Congress on the performance by federal facility security guards under the pilot program, and upon its completion submit a final report evaluating whether or not the performance of individuals in such positions was satisfactory (if so, directs the Secretary to replace contract guards at all highest risk facilities protected by the Service with federal employees); and (2) submit a review of the fee-based funding system in use by the Service and issue any recommendations for alternative approaches.

To enhance homeland security, including domestic preparedness and collective response to terrorism, by improving the Federal Protective Service, and for other purposes.

SECTION 1. STATE OPTION TO REQUIRE CERTAIN INDIVIDUALS TO PRESENT SATISFACTORY DOCUMENTARY EVIDENCE OF PROOF OF CITIZENSHIP OR NATIONALITY FOR PURPOSES OF ELIGIBILITY FOR MEDICAID. (a) In General.--Section 1902(a)(46) of the Social Security Act (42 U.S.C. 1396a(a)(46)) is amended-- (1) by inserting ``(A)'' after ``(46)''; (2) by adding ``and'' after the semicolon; and (3) by adding at the end the following new subparagraph: ``(B) at the option of the State and subject to section 1903(x), require that, with respect to an individual (other than an individual described in section 1903(x)(1)) who declares to be a citizen or national of the United States for purposes of establishing initial eligibility for medical assistance under this title (or, at State option, for purposes of renewing or redetermining such eligibility to the extent that such satisfactory documentary evidence of citizenship or nationality has not yet been presented), there is presented satisfactory documentary evidence of citizenship or nationality of the individual (using criteria determined by the State, which shall be no more restrictive than the criteria used by the Social Security Administration to determine citizenship, and which shall accept as such evidence a document issued by a federally-recognized Indian tribe evidencing membership or enrollment in, or affiliation with, such tribe (such as a tribal enrollment card or certificate of degree of Indian blood, and, with respect to those federally-recognized Indian tribes located within States having an international border whose membership includes individuals who are not citizens of the United States, such other forms of documentation (including tribal documentation, if appropriate) that the Secretary, after consulting with such tribes, determines to be satisfactory documentary evidence of citizenship or nationality for purposes of satisfying the requirement of this subparagraph));''. (b) Limitation on Waiver Authority.--Notwithstanding any provision of section 1115 of the Social Security Act (42 U.S.C. 1315), or any other provision of law, the Secretary of Health and Human Services may not waive the requirements of section 1902(a)(46)(B) of such Act (42 U.S.C. 1396a(a)(46)(B)) with respect to a State. (c) Conforming Amendments.--Section 1903 of such Act (42 U.S.C. 1396b) is amended-- (1) in subsection (i)-- (A) in paragraph (20), by adding ``or'' after the semicolon; (B) in paragraph (21), by striking ``; or'' and inserting a period; and (C) by striking paragraph (22); and (2) in subsection (x) (as amended by section 405(c)(1)(A) of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432))-- (A) by striking paragraphs (1) and (3); (B) by redesignating paragraph (2) as paragraph (1); (C) in paragraph (1), as so redesignated, by striking ``paragraph (1)'' and inserting ``section 1902(a)(46)(B)''; and (D) by adding at the end the following new paragraph: ``(2) In the case of an individual declaring to be a citizen or national of the United States with respect to whom a State requires the presentation of satisfactory documentary evidence of citizenship or nationality under section 1902(a)(46)(B), the individual shall be provided at least the reasonable opportunity to present satisfactory documentary evidence of citizenship or nationality under this subsection as is provided under clauses (i) and (ii) of section 1137(d)(4)(A) to an individual for the submittal to the State of evidence indicating a satisfactory immigration status.''. SEC. 2. CLARIFICATION OF RULES FOR CHILDREN BORN IN THE UNITED STATES TO MOTHERS ELIGIBLE FOR MEDICAID. Section 1903(x) of such Act (42 U.S.C. 1396b(x)), as amended by section 1(c)(2), is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) pursuant to the application of section 1902(e)(4) (and, in the case of an individual who is eligible for medical assistance on such basis, the individual shall be deemed to have provided satisfactory documentary evidence of citizenship or nationality and shall not be required to provide further documentary evidence on any date that occurs during or after the period in which the individual is eligible for medical assistance on such basis); or''; and (2) by adding at the end the following new paragraph: ``(3) Nothing in subparagraph (A) or (B) of section 1902(a)(46), the preceding paragraphs of this subsection, or the Deficit Reduction Act of 2005, including section 6036 of such Act, shall be construed as changing the requirement of section 1902(e)(4) that a child born in the United States to an alien mother for whom medical assistance for the delivery of such child is available as treatment of an emergency medical condition pursuant to subsection (v) shall be deemed eligible for medical assistance during the first year of such child's life.''. SEC. 3. EFFECTIVE DATE. (a) Retroactive Application.--The amendments made by this Act shall take effect as if included in the enactment of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 4). (b) Restoration of Eligibility.--In the case of an individual who, during the period that began on July 1, 2006, and ends on the date of enactment of this Act, was determined to be ineligible for medical assistance under a State Medicaid program solely as a result of the application of subsections (i)(22) and (x) of section 1903 of the Social Security Act (as in effect during such period), but who would have been determined eligible for such assistance if such subsections, as amended by sections 1 and 2, had applied to the individual, a State may deem the individual to be eligible for such assistance as of the date that the individual was determined to be ineligible for such medical assistance on such basis.

Amends title XIX (Medicaid) of the Social Security Act to permit states, at their option, to require certain individuals to present satisfactory documentary evidence of citizenship or nationality for Medicaid eligibility. Revises the rules for children born in the United States to mothers eligible for Medicaid. Declares that a Medicaid-eligible individual shall be deemed to have provided satisfactory documentary evidence of citizenship or nationality, and shall not be required to provide further evidence, on any date during or after the period in which the individual is eligible for Medicaid.

To amend title XIX of the Social Security Act to permit States, at their option, to require certain individuals to present satisfactory documentary evidence of proof of citizenship or nationality for purposes of eligibility for Medicaid, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Markets and Fair Trade Act of 1995''. SEC. 2. REPORTS ON MARKET ACCESS. (a) Annual Reports.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Congress a report with respect to those countries selected by the Secretary in which goods or services produced or originating in the United States, that would otherwise be competitive in those countries, do not have market access. Each report shall contain the following with respect to each such country: (1) Assessment of potential market access.--An assessment of the opportunities that would, but for the lack of market access, be available in the market in that country, for goods and services produced or originating in the United States in those sectors selected by the Secretary. In making such assessment, the Secretary shall consider the competitive position of such goods and services in similarly developed markets in other countries. Such assessment shall specify the time periods within which such market access opportunities should reasonably be expected to be obtained. (2) Criteria for measuring market access.--Objective criteria for measuring the extent to which those market access opportunities described in paragraph (1) have been obtained. The development of such objective criteria may include the use of interim objective criteria to measure results on a periodic basis, as appropriate. (3) Compliance with trade agreements.--An assessment of whether, and to what extent, the country concerned has materially complied with-- (A) agreements and understandings reached between the United States and that country pursuant to section 3, and (B) existing trade agreements between the United States and that country. Such assessment shall include specific information on the extent to which United States suppliers have achieved additional access to the market in the country concerned and the extent to which that country has complied with other commitments under such agreements and understandings. (b) Selection of Countries and Sectors.-- (1) In general.--In selecting countries and sectors that are to be the subject of a report under subsection (a), the Secretary shall give priority to-- (A) any country with which the United States has a trade deficit if access to the markets in that country is likely to have significant potential to increase exports of United States goods and services; and (B) any country, and sectors therein, in which access to the markets will result in significant employment benefits for producers of United States goods and services. The Secretary shall also give priority to sectors which represent critical technologies, including those identified by the National Critical Technologies Panel under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683). (2) First report.--The first report submitted under subsection (a) shall include those countries with which the United States has a substantial portion of its trade deficit. (3) Trade surplus countries.--The Secretary may include in reports after the first report such countries as the Secretary considers appropriate with which the United States has a trade surplus but which are otherwise described in subsection (a) and paragraph (1) of this subsection. (c) Other Sectors.--The Secretary shall include an assessment under subsection (a) of any country or sector for which the Trade Representative requests such assessment be made. In preparing any such request, the Trade Representative shall give priority to those barriers identified in the reports required by section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)). (d) Information on Access by Foreign Suppliers.--The Secretary shall consult with the governments of foreign countries concerning access to the markets of any other country of goods and services produced or originating in those countries. At the request of the government of any such country so consulted, the Secretary may include in the reports required by subsection (a) information, with respect to that country, on such access. SEC. 3. NEGOTIATIONS TO ACHIEVE MARKET ACCESS. (a) Negotiating Authority.--The President is authorized to enter into agreements or other understandings with the government of any country for the purpose of obtaining the market access opportunities described in the reports of the Secretary under section 2. (b) Determination of Priority of Negotiations.--Upon the submission by the Secretary of each report under section 2, the Trade Representative shall determine-- (1) for which countries and sectors identified in the report the Trade Representative will pursue negotiations, during the 6-month period following submission of the report, for the purpose of concluding agreements or other understandings described in subsection (a), and the timeframe for pursuing negotiations on any other country or sector identified in the report; and (2) for which countries and sectors identified in any previous report of the Secretary under section 2 the Trade Representative will pursue negotiations, during the 6-month period described in paragraph (1), in cases in which-- (A) negotiations were not previously pursued by the Trade Representative, or (B) negotiations that were pursued by the Trade Representative did not result in the conclusion of an agreement or understanding described in subsection (a) during the preceding 6-month period, but are expected to result in such an agreement or understanding during the 6-month period described in paragraph (1). For purposes of this Act, negotiations by the Trade Representative with respect to a particular sector shall be for a period of not more than 12 months. (c) Semiannual Reports.--At the end of the 6-month period beginning on the date on which the Secretary's first report is submitted under section 2(a), and every 6 months thereafter, the Trade Representative shall submit to the Congress a report containing the following: (1) Report where negotiations pursued in previous 6-month period.--With respect to each country and sector on which negotiations described in subsection (b) were pursued during that 6-month period-- (A) a determination of whether such negotiations have resulted in the conclusion of an agreement or understanding intended to obtain the market access opportunities described in the most recent applicable report of the Secretary, and if not-- (i) whether such negotiations are continuing because they are expected to result in such an agreement or understanding during the succeeding 6-month period; or (ii) whether such negotiations have terminated; (B) in the case of a positive determination made under subparagraph (A)(i) in the preceding report submitted under this subsection, a determination of whether the continuing negotiations have resulted in the conclusion of an agreement or understanding described in subparagraph (A) during that 6-month period. (2) Report where negotiations not pursued.--With respect to each country and sector on which negotiations described in subsection (b) were not pursued during that 6-month period, a determination of when such negotiations will be pursued. SEC. 4. MONITORING OF AGREEMENTS AND UNDERSTANDINGS. (a) In General.--For the purpose of making the assessments required by section 2(a)(3), the Secretary shall monitor the compliance with each agreement or understanding reached between the United States and any country pursuant to section 3, and with each existing trade agreement between the United States and any country that is the subject of a report under section 2(a). In making each such assessment, the Secretary shall describe-- (1) the extent to which market access for the country and sectors covered by the agreement or understanding has been achieved; and (2) the bilateral trade relationship with that country in that sector. In the case of agreements or understandings reached pursuant to section 3, the description under paragraph (1) shall be done on the basis of the objective criteria set forth in the applicable report under section 2(a)(2). (b) Treatment of Agreements and Understandings.--Any agreement or understanding reached pursuant to negotiations conducted under this Act, and each existing trade agreement between the United States and a country that is the subject of a report under section 2(a), shall be considered to be a trade agreement for purposes of section 301 of the Trade Act of 1974. SEC. 5. TRIGGERING OF SECTION 301 ACTIONS. (a) Failure To Conclude Agreements.--In any case in which the Trade Representative determines under section 3(c)(1) (A)(ii) or (B) that negotiations have not resulted in the conclusion of an agreement or understanding described in section 3(a), each restriction on, or barrier or impediment to, access to the markets of the country concerned that was the subject of such negotiations shall, for purposes of title III of the Trade Act of 1974, be considered to be an act, policy, or practice determined under section 304 of that Act to be an act, policy, or practice that is unreasonable and discriminatory and burdens or restricts United States commerce. The Trade Representative shall determine what action to take under section 301(b) of that Act in response to such act, policy, or practice. (b) Noncompliance With Agreements or Understandings.--In any case in which the Secretary determines, in a report submitted under section 2(a), that a foreign country is not in material compliance with-- (1) any agreement or understanding concluded pursuant to negotiations conducted under section 3, or (2) any existing trade agreement between the United States and that country, the Trade Representative shall determine what action to take under section 301(a) of the Trade Act of 1974. For purposes of section 301 of that Act, a determination of noncompliance described in the preceding sentence shall be treated as a determination made under section 304 of that Act. SEC. 6. EXPEDITED PROCEDURES FOR CERTAIN PRESIDENTIAL ACTIONS. (a) Authority for Reciprocal Actions.--In any case in which-- (1) section 5 applies, (2) the President determines that reciprocal action should be taken by the United States in response to-- (A) a restriction, barrier, or impediment referred to in section 5(a) with respect to access to the market of a country, or (B) noncompliance with an agreement, understanding, or trade agreement referred to in section 5(b), as the case may be, (3) changes in existing law or new statutory authority is necessary for such reciprocal action to be taken, and (4) the President, within 30 days (excluding any day described in section 154(b) of the Trade Act of 1974) after-- (A) the determination of the Trade Representative under section 3(c)(1)(A)(ii) or (B), or (B) the determination of the Secretary in the applicable report under section 2(a), as the case may be, submits to the Congress a draft of implementing legislation with respect to the changes or authority described in paragraph (3), then subsection (c) applies. (b) Definitions.--For purposes of this section-- (1) the term ``reciprocal action'' means action that is taken in direct response to a restriction on, or barrier or impediment to, access to the market in another country and is comparable or of equivalent effect to such restriction, barrier, or impediment; and (2) the term ``implementing legislation'' means a bill of either House of Congress which is introduced as provided in subsection (c) and which contains provisions necessary to make the changes or provide the authority described in subsection (a)(3). (c) Procedures for Implementing Legislation.--On the day on which implementing legislation is submitted to the House of Representatives and the Senate under subsection (a), the implementing legislation shall be introduced and referred as provided in section 151(c)(1) of the Trade Act of 1974 for implementing bills under such section. The provisions of subsections (d), (e), (f), and (g) of section 151 of such Act shall apply to implementing legislation to the same extent as such subsections apply to implementing bills. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 7. URUGUAY ROUND AGREEMENTS NOT AFFECTED. Nothing in this Act shall be construed to violate any provision of the agreements approved by the Congress in section 101(a)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3511(a)(1)). SEC. 8. DEFINITIONS. As used in this Act: (1) Existing trade agreement between the united states and a country.--An ``existing trade agreement'' between the United States and another country means any trade agreement or understanding that was entered into between the United States and that country before the date of the enactment of this Act and is in effect on such date. Such term includes, but is not limited to-- (A) with respect to Japan-- (i) the Arrangement Between the Government of Japan and the Government of the United States of America Concerning Trade in Semiconductor Products, signed in 1986; (ii) the Arrangement Between the Government of Japan and the Government of the United States of America Concerning Trade in Semiconductor Products, signed in 1991; (iii) the United States-Japan Wood Products Agreement, signed on June 5, 1990; (iv) Measures Related to Japanese Public Sector Procurements of Computer Products and Services, signed on January 10, 1992; (v) the Tokyo Declaration on the U.S.-Japan Global Partnership, signed on January 9, 1992; and (vi) the Cellular Telephone and Third-Party Radio Agreement, signed in 1989; (B) with respect to the European Union-- (i) the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft Between the European Economic Community and the Government of the United States of America on trade in large civil aircraft, with annexes, entered into force on July 17, 1992; (ii) the Agreement Concerning Procurement Between the United States and the European Union, signed April 15, 1994; and (iii) the Memorandum of Understanding (MOU) on Procurement Between the United States and the European Union, signed May 25, 1993; and (C) with respect to the People's Republic of China-- (i) the Memorandum of Understanding (MOU) on the Protection of Intellectual Property Rights Between the United States and the People's Republic of China, signed January 17, 1992; (ii) the Memorandum of Understanding (MOU) on Market Access Between the United States and the People's Republic of China, signed October 10, 1992; (iii) the Bilateral Textile Agreement Between the United States and the People's Republic of China, signed January 17, 1994; and (iv) an exchange of letters with an attached action plan between the United States and the People's Republic of China, signed February 26, 1995, relating to intellectual property rights. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative.

Open Markets and Fair Trade Act of 1995 - Directs the Secretary of Commerce to report annually to the Congress on selected countries in which U.S. goods or services, that would otherwise be competitive there, do not have market access. Requires the Secretary, in selecting such countries and sectors, to give priority to any country: (1) with which the United States has a trade deficit if access to such country's markets is likely to have significant potential to increase exports of U.S. goods and services; and (2) in which access to the markets will result in significant employment benefits for producers of U.S. goods and services. (Sec. 3) Authorizes the President to enter into agreements with such countries for the purpose of obtaining access to their markets. (Sec. 4) Requires the Secretary, in making certain assessments, to monitor each country's compliance with such an agreement, or with any existing trade agreement with the United States. (Sec. 5) Requires, in instances where the United States Trade Representative (USTR) determines that the above-mentioned negotiations have not resulted in an agreement, each restriction on, or impediment to, access to the country's markets be considered, under the Trade Act of 1974, an act, policy, or practice that is unreasonable and discriminatory and restricts U.S. commerce. Requires the USTR, in each case where the Secretary determines that a country is not in material compliance with an agreement for access to their markets to determine what trade relief action to take under a specified section of the Trade Act of 1974. (Sec. 6) Sets forth expedited procedures for implementation of legislation for presidential action against foreign countries that have unfair trade barriers, or that do not comply with the aforementioned agreements.

Open Markets and Fair Trade Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Before Access Act of 2013''. SEC. 2. PROTECTING THE PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION IN ENROLLMENT ACTIVITIES OF HEALTH INSURANCE EXCHANGES. (a) In General.--Section 340A(c) of the Public Health Service Act (42 U.S.C. 256a(c)) is amended by adding at the end the following new paragraph: ``(3) Ensuring privacy of personally identifiable information; liability; penalties; consumer opt out.-- ``(A) In general.--The Secretary shall require each recipient of a grant under this section to implement procedures specified by the Secretary consistent with this paragraph in order protect the privacy of personally identifiable information. ``(B) Required procedures.--The procedures specified by the Secretary under subparagraph (A) shall include at least the following: ``(i) Prohibition of access without explicit consent.--No certified application counselor, health insurance navigator, or non- navigator assistance personnel shall have access to personally identifiable information relating to an individual without the express, witnessed, written consent of that individual. ``(ii) Requiring licensure, background checks.--No such individual shall have access to personally identifiable information unless the individual-- ``(I) has undergone, within 60 days before commencing enrollment assistance for any consumer seeking coverage through health insurance exchanges, both a criminal background and fingerprint check and has a clean record free of criminal infractions; and ``(II) meets educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the State they seek to assist consumers with health insurance enrollment. ``(iii) Requirement for prior certification of safeguards.--The recipient of the grant may not collect personally identifiable information for any reason until the Comptroller General of the United States, in agreement with the Inspector General of the Department of Health and Human Services, certifies to Congress that such Department, along with any other relevant Federal agencies involved with health insurance assistance or enrollment, or collection or verification of personally identifiable information, have implemented all appropriate and necessary actions to safeguard both the such information and financial information of individuals seeking enrollment in a health plan through an Exchange and to protect such individuals from fraud and abuse. ``(C) Liability.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary-- ``(i) shall issue guidance concerning how liability and penalties will be applied in instances of failure to comply with requirements of this paragraph, including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of personally identifiable information; ``(ii) shall determine whether such liability lies with the person (such as a navigator, certified application counselor, or non-navigator assistance personnel) having direct contact with the prospective enrollee in enrollment assistance-related actions or whether liability lies with the entity that received Federal or Exchange-generated funds to carry out consumer outreach activities; and ``(iii) shall determine whether the entities identified under clause (ii) are required to obtain professional liability coverage. ``(D) Penalties.-- ``(i) Criminal penalties.-- ``(I) Any individual or entity who, under this section, has possession of, or access to, personally identifiable information the disclosure of which is prohibited by this section (or section 552a of title 5, United States Code) or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or entity not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. ``(II) A person who commits the offense described under subclause (I) with the intent to sell, transfer, or use personally identifiable information for commercial advantage, personal gain, or malicious harm shall be fined not more than $250,000, imprisoned for not more than 10 years, or both. ``(III) Any person who knowingly and willfully requests or obtains any personally identifiable information protected under this section concerning an individual under false pretenses shall be guilty of a felony and fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(ii) Potential exposure to tax penalty.-- Any navigator, certified application counselor, or non-navigator assistance personnel who engages in health plan enrollment consumer assistance activities under this section and who is exposed to consumer tax return information is potentially subject to criminal liability under section 7213(a) of the Internal Revenue Code of 1986 for any instances of unauthorized disclosure of such information. ``(iii) Disqualification from further assistance.--If the Secretary determines that any individual, including any navigator, certified application counselor, or non- navigator assistance personnel, has a criminal background or is otherwise in violation of this paragraph with respect to the requirements relating to disclosure and use of personally identifiable information, the Secretary shall permanently disqualify the individual from any further involvement in consumer assistance activities required under this section or the Patient Protection and Affordable Care Act and may disqualify and rescind the Federal and Exchange-generated funds from the entity which employs or contracts with such an individual. ``(E) Consumer opt out for lack of privacy protection.--Beginning on the date of health insurance exchange operations for both individuals and businesses, no individual consumer shall be made responsible for failure to meet a requirement under the Patient Protection and Affordable Care Act (including any amendments made by this Act) for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive protection of personally identifiable information, with respect to any health insurance enrollment activity electronic or otherwise, are in place prior to any consumer disclosure or transmission of personally identifiable information for health insurance enrollment purposes. ``(F) Personally identifiable information defined.--In this paragraph, the term `personally identifiable information' includes Social Security numbers, bank account information, insurance records, health records, personal income data, and any other information deemed personally identifiable and sensitive in nature by the Federal Trade Commission, the Department of Justice, the Social Security Administration, the Consumer Financial Protection Bureau, the President's Task Force on Identity Theft, and any other relevant Federal agency, which is disclosed or obtained in connection with any health insurance enrollment activity conducted under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made before, on, or after the date of the enactment of this Act. The Secretary of Health and Human Services shall provide for the prompt modification of such grants made before the date of the enactment of this Act in order to comply with the requirement imposed by such amendment.

Security Before Access Act of 2013 - Amends the Public Health Service Act, with respect to patient navigator services, to require recipients of grants for the development and operation of demonstration programs to implement procedures developed under this Act to protect the privacy of personally identifiable information (PII). Requires procedures specified by the Secretary of Health and Human Services (HHS) to include at least those that: require for access to PII relating to an individual the express written consent of that individual; condition access by a certified application counselor, health insurance navigator, or non-navigator assistance personnel upon a criminal background and fingerprint check; and require the meeting of educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the state in which they seek to assist consumers. Prohibits a grant recipient from collecting PII until the Comptroller General (GAO) certifies to Congress that HHS and any other relevant federal agencies have implemented all appropriate and necessary actions to safeguard the information of individuals seeking enrollment in a health plan through a health insurance Exchange and to protect them from fraud and abuse. Provides procedures for development of guidance concerning liability, determinations of liable parties, and determinations of whether entities described in this Act are required to obtain professional liability coverage. Imposes criminal penalties for unauthorized access, including under the Internal Revenue Code in cases involving consumer tax return information. Requires the Secretary to permanently disqualify an individual with a criminal background or otherwise in violation of this Act from any further involvement in consumer assistance activities required under the patient navigator provisions or the Patient Protection and Affordable Care Act (PPACA). Allows the disqualification and rescission of federal and Exchange-generated funds from the entity that employs or contracts with such an individual. Relieves consumers from responsibility for failure to meet a requirement under PPACA for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive PII protection is in place prior to any consumer disclosure for health insurance enrollment purposes.

Security Before Access Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Enhanced Parental Involvement and Family Literacy Act of 1994''. SEC. 2. REQUIRED PARENTAL INVOLVEMENT IN HEAD START PROGRAMS. (a) Administration of Policy.--Section 636 of the Head Start Act (42 U.S.C. 9831) is amended by adding the following: ``(c) In carrying out this subchapter, the Secretary of Health and Human Services shall take appropriate actions to ensure that comprehensive services are provided to parents to become full partners in the education of their children and shall seek the involvement of parents in such services.''. (b) Primary Focus of Programs.--Section 638(a) of the Head Start Act (42 U.S.C. 9833(a)), is amended-- (1) by striking ``the children from''; (2) by inserting ``with children'' after ``low-income families''; and (3) by inserting before the period at the end the following: ``, as well as involving such parents in activities to help parents to become full partners in the education of their children''. (c) Activities of Head Start Agencies.--(1) Section 641(d) of the Head Start Act (42 U.S.C. 9836(d)) is amended-- (A) by amending paragraph (4) to read as follows: ``(4) the plan of such applicant-- ``(A) to seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children; ``(B) to provide (directly or through referral to local entities, such as Even Start programs) to parents of participating children-- ``(i) family literacy services; and ``(ii) parenting skills training; ``(C) at the option of such applicant, to provide (directly or through referral to local entities) to such parents-- ``(i) parental social self-sufficiency training; ``(ii) substance abuse counseling; ``(iii) the opportunity to assist in the operation of the proposed Head Start program; or ``(iv) any other activity designed to help such parents become full partners in the education of their children; and ``(D) to provide, with respect to each participating family, a family needs assessment that includes consultation with such parents about which of the activities described in subparagraphs (B) and (C) would be most appropriate (taking into consideration their needs, work schedules, and other responsibilities) for their involvement;''; (B) in paragraph (7) by inserting ``and'' at the end; (C) by striking paragraph (8); and (D) by redesignating paragraph (9) and paragraph (8). (2) Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended-- (A) by amending paragraph (4) to read as follows: ``(4) seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children;''; (B) in paragraph (5) by inserting ``and'' at the end; (C) by striking paragraph (6); (D) by redesignating paragraphs (5) and (7) as paragraphs (8) and (9), respectively; and (E) by inserting after paragraph (4) the following: ``(5) provide (directly or through referral to local entities, such as Even Start programs) to parents of participating children family literacy services and parenting skills training; (6) at the option of such applicant, provide (directly or through referral to local entities) to such parents parental social self-sufficiency training, substance abuse counseling, the opportunity to assist in the operation of the Head Start program, or any other activity designed to help such parents become full partners in the education of their children; (7) provide, with respect to each participating family, a family needs assessment that includes consultation with such parents about which of the activities described in paragraphs (5) and (6) would be most appropriate (taking into consideration their needs, work schedules, and other responsibilities) for their involvement;''. SEC. 3. DEFINITIONS. Section 637 of the Head Start Act (42 U.S.C. 9832) is amended by adding at the end the following: ``(12) The term `family literacy services' means a unified program that combines interactive literacy activities between parents and their children, training for parents on how to be their children's primary teacher and to be full partners in the education of their children, parent literacy training, and early childhood education. ``(13) The term `parent' includes an individual who is a guardian or custodian of a child.''. SEC. 4. TRAINING AND TECHNICAL ASSISTANCE. Section 648 of the Head Start Act (42 U.S.C. 9843) is amended by adding at the end the following: ``(e) The Secretary shall provide appropriate training and technical assistance for Head Start personnel engaged in providing family literacy services, parenting skills training, and other parental involvement activities under paragraphs (4), (5), (6), and (7) of section 642(b).''. SEC. 5. EVALUATION. Section 651(b) of the Head Start Act (42 U.S.C. 9846(b)) is amended-- (1) by inserting ``(1)'' after (b); and (2) by adding at the end the following: ``(2) The extent of compliance with paragraphs (4), (5), (6), and (7) of section 642(b) shall be considered in deciding whether to renew or supplement financial assistance authorized under this subchapter.''. SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall not apply with respect to fiscal years beginning before October 1, 1994.

Head Start Enhanced Parental Involvement and Family Literacy Act of 1994 - Amends the Head Start Act to require parental involvement activities, family literacy services, parenting skills training, and family needs assessments. Authorizes Head Start agencies to offer parental social self-sufficiency training, substance abuse counseling, or opportunities for parents to assist in program operation. Directs the Secretary of Health and Human Services to provide training and technical assistance for Head Start personnel engaged in providing parental involvement services. Makes compliance with parental involvement requirements a consideration in funding renewal or supplementation decisions.

Head Start Enhanced Parental Involvement and Family Literacy Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Ban and Law Enforcement Protection Act of 2005''. SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS. (a) Restriction.--Section 922 of title 18, United States Code, is amended by adding after subsection (u) the following: ``(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon. ``(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of this subsection. ``(3) Paragraph (1) shall not apply to any firearm that-- ``(A) is manually operated by bolt, pump, level, or slide action; ``(B) has been rendered permanently inoperable; or ``(C) is an antique firearm. ``(4) Paragraph (1) shall not apply to-- ``(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty); ``(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an onsite physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee onsite for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; ``(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or ``(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary. ``(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through-- ``(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or ``(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g). ``(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to Congress and make the record available to the general public.''. (b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of title 18, United States Code, is amended by adding after paragraph (29) the following: ``(30) The term `semiautomatic assault weapon' means any of the following: ``(A) Rifles.--The following rifles or copies or duplicates thereof-- ``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR; ``(ii) AR-10; ``(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR; ``(iv) AR70; ``(v) Calico Liberty; ``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU; ``(vii) Fabrique National FN/FAL, FN/LAR, or FNC; ``(viii) Hi-Point Carbine; ``(ix) HK-91, HK-93, HK-94, or HK-PSG-1; ``(x) Kel-Tec Sub Rifle; ``(xi) M1 Carbine; ``(xii) Saiga; ``(xiii) SAR-8, SAR-4800; ``(xiv) SKS with detachable magazine; ``(xv) SLG 95; ``(xvi) SLR 95 or 96; ``(xvii) Steyr AUG; ``(xviii) Sturm, Ruger Mini-14; ``(xix) Tavor; ``(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or ``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz). ``(B) Pistols.--The following pistols or copies or duplicates thereof-- ``(i) Calico M-110; ``(ii) MAC-10, MAC-11, or MPA3; ``(iii) Olympic Arms OA; ``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or ``(v) Uzi. ``(C) Shotguns.--The following shotguns or copies or duplicates thereof-- ``(i) Armscor 30 BG; ``(ii) SPAS 12 or LAW 12; ``(iii) Striker 12; or ``(iv) Streetsweeper. ``(D) Detachable magazine rifles.--A semiautomatic rifle that has an ability to accept a detachable magazine, and that has-- ``(i) a folding or telescoping stock; ``(ii) a threaded barrel; ``(iii) a pistol grip; ``(iv) a forward grip; or ``(v) a barrel shroud. ``(E) Fixed magazine rifles.--A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(F) Detachable magazine pistols.--A semiautomatic pistol that has the ability to accept a detachable magazine, and has-- ``(i) a second pistol grip; ``(ii) a threaded barrel; ``(iii) a barrel shroud; or ``(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip. ``(G) Fixed magazine pistols.--A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ``(H) Semiautomatic shotguns.--A semiautomatic shotgun that has-- ``(i) a folding or telescoping stock; ``(ii) a pistol grip; ``(iii) the ability to accept a detachable magazine; or ``(iv) a fixed magazine capacity of more than 5 rounds. ``(I) Other shotguns.--A shotgun with a revolving cylinder. ``(J) Frames or receivers.--A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L). ``(K) Conversion kits.--A conversion kit. ``(L) Military or law enforcment weapons.--A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.''. (c) Penalties.-- (1) Violation of section 922(v).--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or (q) of section 922'' and inserting ``(r), or (v) of section 922''. (2) Use or possession during crime of violence or drug trafficking crime.--Section 924(c)(1)(B)(i) of title 18, United States Code, is amended by inserting ``or semiautomatic assault weapon,'' after ``short-barreled shotgun,''. (d) Identification Markings for Semiautomatic Assault Weapons.-- Section 923(i) of title 18, United States Code, is amended by adding at the end the following: ``The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.''. (e) Related Definitions.--Section 921(a) of such title is amended by adding at the end the following: ``(36) Barrel shroud.--The term `barrel shroud' means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. ``(37) Conversion kit.--The term `conversion kit' means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person. ``(38) Detachable magazine.--The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm. ``(39) Fixed magazine.--The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm. ``(40) Folding or telescoping stock.--The term `folding or telescoping stock' means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. ``(41) Forward grip.--The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip. ``(42) Pistol grip.--The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip. ``(43) Threaded barrel.--The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).''. SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Prohibition.--Section 922 of title 18, United States Code, as amended by section 2(a), is amended by adding after subsection (v) the following: ``(w)(1)(A) Except as provided in subparagraph (B), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. ``(B) Subparagraph (A) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed in the United States on the date of enactment of this subsection. ``(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device. ``(3) This subsection shall not apply to-- ``(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty); ``(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an onsite physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee onsite for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; or ``(C) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary. ``(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity ammunition feeding device that was manufactured on or before the date of enactment of this subsection, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before the date of enactment of this subsection.''. (b) Definition of Large Capacity Ammunition Feeding Device.-- Section 921(a) of title 18, United States Code, as amended by section 2(b), is amended by adding after paragraph (30) the following: ``(31) The term `large capacity ammunition feeding device'-- ``(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but ``(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.''. (c) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(c), is amended by striking ``or (v)'' and inserting ``(v), or (w)''. (d) Identification Markings for Large Capacity Ammunition Feeding Devices.--Section 923(i) of title 18, United States Code, as amended by section 2(d), is amended by adding at the end the following: ``A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Attorney General may by regulation prescribe. (e) Ban on Transfer of Semiautomatic Assault Weapon With Large Capacity Ammunition Feeding Device.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting at the end the following: ``(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both. ``(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.''. SEC. 4. STUDY BY ATTORNEY GENERAL. (a) Study.--The Attorney General shall investigate and study the effect of this Act and the amendments made by this Act, and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act. (b) Report.--Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to Congress a report setting forth in detail the findings and determinations made in the study under subsection (a). SEC. 5. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Amends the Federal criminal code to reinstate the Public Safety and Recreational Firearms Use Protection Act's assault weapons ban to prohibit: (1) the manufacture, transfer, or possession of a semiautomatic assault weapon; (2) the transfer, possession, or importation of a large capacity ammunition feeding device; (3) the transfer of any assault weapon with such a device. Specifies models and features of banned weapons. Sets forth exceptions to such ban, including: (1) firearms or devices lawfully possessed under Federal law on the date of enactment of this Act; (2) any firearm that is manually operated by bolt, pump, lever, or slide action that has been rendered permanently inoperable or is an antique firearm; and (3) firearms manufactured for, transferred to, or possessed by a Federal, State, or local government agency or for law enforcement. Prohibits: (1) any person from transferring a semiautomatic assault weapon to which the ban does not apply, except through a licensed dealer or a State or local law enforcement agency; or (2) a licensed manufacturer, importer, or dealer who transfers a device manufactured before enactment of this Act to fail to certify such date of manufacture. Requires the serial number of any weapon or device manufactured after the enactment of this Act to clearly show the date of manufacture. Directs the Attorney General to: (1) maintain, submit to Congress, and make publicly available a record of any semiautomatic assault weapon used in relation to a crime; and (2) study and report to Congress on the effects of this Act on violent and drug trafficking crime. Prohibits the transfer of such a weapon or device to a juvenile.

A bill to reinstate the Public Safety and Recreational Firearms Use Protection Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings and Investment Relief Act of 1998''. SEC. 2. TRANSACTION FEES. Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is amended by adding at the end the following new subsection: ``(h) Limitation on Transaction Fees.-- ``(1) Exchange traded and exchange registered securities.-- ``(A) In general.--The Commission shall for each fiscal year prescribe a limitation on the amount of fees described in subsections (b) and (c) to be paid by each national securities exchange and each national securities association, based on the pro rata share of the aggregate dollar amount of sales of securities described in subsections (b) and (c) for the preceding calendar year, such that the total fee payments will not exceed-- ``(i) $150,000,000 during fiscal year 1999; ``(ii) $155,000,000 during fiscal year 2000; ``(iii) $165,000,000 during fiscal year 2001; ``(iv) $170,000,000 during fiscal year 2002; ``(v) $180,000,000 during fiscal year 2003; ``(vi) $190,000,000 during fiscal year 2004; ``(vii) $200,000,000 during fiscal year 2005; and ``(viii) $210,000,000 during fiscal year 2006 and any succeeding fiscal year. ``(B) Publication.--The Commission shall publish annually in the Federal Register notice of the fee limitations described in this paragraph. ``(C) Fee adjustments.--Each national securities exchange and each national securities association shall adopt rules to implement the provisions of this subsection. Such rules shall provide a reduction from the fee amount otherwise described in subsections (b) and (c), for all market participants, including (but not limited to), individual investors, pension funds, mutual fund investors, and market professionals. ``(2) Off-exchange trades of last-sale-reported securities.-- ``(A) In general.--The Commission shall for each fiscal year prescribe a limitation on the amount of fees described in subsection (d) to be paid by each national securities association, based on the pro rata share of the aggregate dollar amount of sales of securities described in subsection (d) for the preceding calendar year, such that the total fee payments will not exceed-- ``(i) $120,000,000 during fiscal year 1999; ``(ii) $125,000,000 during fiscal year 2000; ``(iii) $135,000,000 during fiscal year 2001; ``(iv) $140,000,000 during fiscal year 2002; ``(v) $150,000,000 during fiscal year 2003; ``(vi) $160,000,000 during fiscal year 2004; ``(vii) $170,000,000 during fiscal year 2005; and ``(viii) $180,000,000 during fiscal year 2006 and any succeeding fiscal year. ``(B) Publication.--The Commission shall publish annually in the Federal Register notice of the fee limitations described in this paragraph. ``(C) Fee adjustments.--Each national securities association shall adopt rules to implement the provisions of this subsection. Such rules shall provide a reduction from the fee amount otherwise described in subsection (d), for all market participants, including, but not limited to, individual investors, pension funds, mutual fund investors, and market professionals. ``(3) Report to congress.--The Commission shall annually report to Congress the total amount of fees collected pursuant to subsection (b), by each national securities exchange, and the total amount of fees collected pursuant to subsection (b), by each national securities association. ``(4) Insufficient fees.--In any year in which the total amount of fees collected under this section and section 6(b) of the Securities Act of 1933 (including any balance in the account providing appropriations to the Commission) are insufficient to provide for the Commission's budget authority as provided by an Appropriations Act, such Appropriations Act may provide that the fee limitations shall be increased by equal amounts under paragraphs (1) and (2), and all such amounts shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission.''.

Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.

Savings and Investment Relief Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stabilization and Pacification of Southern Serbia Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On June 10, 1999, the North Atlantic Treaty Organization (NATO) military air operation in the former Yugoslavia concluded with the withdrawal of all Serbian police, paramilitary, and military forces from Kosovo, a province of Serbia. (2) On June 9, 1999, the NATO-led international security force for Kosovo, KFOR, and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia concluded a Military Technical Agreement which, among other things, created a five kilometer (three mile) Ground Safety Zone (GSZ) extending from the boundary of Kosovo into southern Serbia in which forces, except regular police, of the Federal Republic of Yugoslavia or Serbia were excluded from entering without the express permission of the commander of KFOR. (3) During the winter of 1999-2000, incidents involving the infiltration from Kosovo into southern Serbia within the GSZ of ethnic Albanian guerrilla forces, designated as the Liberation Army of Presevo, Medvedja and Bujanovac (UCPMB), were reported by KFOR. (4) The declared objective of the UCPMB is the liberation of the ethnic Albanian population of southern Serbia from the authority of the Governments of Serbia and the Federal Republic of Yugoslavia. (5) The tactics utilized by the UCPMB include the assassination of Serbian police operating legally within the GSZ and the intimidation of Serbian residents in order to induce them to leave the region. (6) On December 17, 2000, United States and Russian Federation troops serving in KFOR who were patrolling the boundary with Serbia in order to interdict the smuggling of arms came under attack by ethnic Albanians attempting to infiltrate into the GSZ from Kosovo. (7) The Government of the Former Yugoslav Republic of Macedonia (Macedonia), a coalition that includes representatives of the ethnic Albanian minority in Macedonia, has taken steps acknowledged and applauded by the international community as well as leaders of the Albanians in Kosovo to establish normal relations with Kosovo. (8) On February 26, 2001, fighting erupted along the border between Serbia and Macedonia in the Macedonian village of Tanusevci between the Macedonian Army and ethnic Albanians. SEC. 3. POLICY. It shall be the policy of the United States Government-- (1) to promote a dialog between legitimate representatives of the Albanian community of southern Serbia and the authorities of the Republic of Serbia and the Federal Republic of Yugoslavia aimed at addressing the concerns of both the ethnic Albanian residents of the region and those of the Serbian authorities; (2) to address the deteriorating security situation in the Presevo valley of southern Serbia in conjunction with the North Atlantic Treaty Organization (NATO), the NATO-led international security force for Kosovo (KFOR), and the Serbian authorities; (3) to urge the authorities of the Federal Republic of Yugoslavia and the Republic of Serbia to work with the Government of the Former Yugoslav Republic of Macedonia (Macedonia) to find agreement on a complete demarcation of the border between Serbia and Macedonia; (4) to support efforts of the Federal Republic of Yugoslavia, Republic of Serbia and the Government of Macedonia to maintain security along the agreed upon border; (5) to support the establishment of an international observation and monitoring presence along the Serbian- Macedonian border should such presence be requested by the concerned parties; and (6) to oppose any modification of the political status of the Province of Kosovo unless and until-- (A) all ethnically motivated violence by Kosovo Albanians against Serbian residents of Kosovo has subsided; and (B) all assistance by citizens or residents of Kosovo to parties using violent means to further separatist aims in southern Serbia or Macedonia has ceased. SEC. 4. PROHIBITION OF FUNDS. (a) Prohibition.--No funds appropriated or otherwise made available for assistance for Kosovo under title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (as contained in H.R. 5526 of the 106th Congress, as introduced on October 24, 2000, as enacted into law by section 101(a) of Public Law 106-429, and as contained in an appendix at the end thereto), other than assistance for Kosovo under the heading ``international narcotics control and law enforcement'', may be expended after June 30, 2001, unless, not later than such date, the President determines and certifies to Congress that-- (1) residents or citizens of Kosovo are not providing assistance to the Liberation Army of Presevo, Medvedja and Bujanovac (UCPMB), or any other organization engaging in or otherwise supporting ethnically-motivated violence in southern Serbia; (2) representatives of the leadership of the major Albanian political parties of Kosovo--the Democratic League of Kosovo (LDK) led by Ibrahim Rugova, the Party of Democratic Kosovo (PDK) led by former KLA leader Hashim Thaci, and the Alliance for the Future of Kosovo (AAK) led by former KLA Commander Ramuz Haradinaj--are positively exerting their influence to halt ethnic violence within Kosovo; and (3) residents or citizens of Kosovo are not providing assistance to the Liberation Army of Macedonia, or any other organization engaging in or otherwise supporting ethnically- motivated violence in Macedonia. (b) Waiver.--The President may waive the application of subsection (a) if the President determines and certifies to Congress not later than June 30, 2001 that it is in the national interests of the United States to do so.

Stabilization and Pacification of Southern Serbia Act - Declares it is U.S. policy to: (1) promote dialog between representatives of the Albanian community of southern Serbia and the authorities of the Republic of Serbia and the Federal Republic of Yugoslavia aimed at addressing the concerns of both the ethnic Albanian residents of the region and those of the Serbian authorities; (2) address the deteriorating security situation in the Presevo valley of southern Serbia in conjunction with the North Atlantic Treaty Organization (NATO), the NATO-led international security force for Kosovo (KFOR), and the Serbian authorities; (3) urge the authorities of Yugoslavia and Serbia to work with the Government of the Former Yugoslav Republic of Macedonia to find agreement on a demarcation of the border between Serbia and Macedonia; (4) support efforts of Yugoslavia, Serbia, and Macedonia to maintain security along the agreed upon border; and (5) oppose any modification of the political status of the Province of Kosovo unless and until all ethnically motivated violence by Kosovo Albanians against Serbian residents of Kosovo has subsided, and all assistance by Kosovo residents to parties using violent means to further separatist aims in southern Serbia or Macedonia has ceased.Prohibits the expenditure of certain economic support fund assistance (not including international narcotics control and law enforcement funds) for Kosovo after June 30, 2001, unless the President certifies to Congress that all concerned parties are taking steps to end the ethnically-motivated violence in southern Serbia, Kosovo, and Macedonia. Authorizes the President to waive the requirements of this Act if it is in the national interests of the United States.

To prohibit assistance for Kosovo unless the President determines and certifies to Congress that residents or citizens of Kosovo are not providing assistance to organizations engaging in or otherwise supporting ethnically-motivated violence in southern Serbia or in Macedonia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 2007''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in, and pledge to uphold, the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the One Hundred Eleventh Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of section 201 (bribery of public officials and witnesses), 203 (compensation to Members of Congress, officers, and others in matters affecting the Government), 204 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress), 219 (officers and employees acting as agents of foreign principals), 286 (conspiracy to defraud the Government with respect to claims), 287 (false, fictitious or fraudulent claims), 371 (conspiracy to commit offense or to defraud the United States), 597 (expenditures to influence voting), 599 (promise of appointment by candidate), 602 (solicitation of political contributions), 606 (intimidation to secure political contributions), 607 (place of solicitation), 641 (public money, property or records), 1001 (statements or entries generally), 1341 (frauds and swindles), 1343 (fraud by wire, radio, or television), 1503 (influencing or injuring officer or juror), 1951 (interference with commerce by threats or violence), 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), or 1962 (prohibited activities) of title 18 or section 7201 (attempt to evade or defeat tax) of the Internal Revenue Code of 1986. ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) The Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(6) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the One Hundred Eleventh Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) The Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(6) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''. (c) Thrift Savings Plan.--Paragraph (5) of section 8432(g) of title 5, United States Code, is amended by striking ``(5)'' and inserting ``(5)(A)'' and by adding at the end the following: ``(B) Notwithstanding any other provision of law, contributions made by the Government under subsection (c) for the benefit of an individual and all earnings attributable to such contributions shall be forfeited-- ``(i) if any service rendered by such individual as a Member is made noncreditable as a result of a conviction described in section 8411(i); but only ``(ii) to the extent of any contributions attributable to periods of service rendered by such individual as a Member (as described in section 8411(i)(1)) and earnings thereon.''.

Congressional Pension Forfeiture Act of 2007 - Amends federal civil service law, with respect to both the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS), to require the Office of Personnel and Management (OPM) to prescribe regulations that deny eligibility under CSRS or FERS for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) committed during the 111th Congress or later. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual. Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. Requires forfeit of Thrift Savings Plan contributions made by the government for the benefit of an individual, and all earnings attributed to such contributions, as a result of the Member's conviction.

To amend title 5, United States Code, to provide that a Member of Congress convicted of any of certain felony offenses shall not be eligible for retirement benefits based on that individual's Member service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Medicaid Protection Act of 2018''. SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (82); (B) by striking the period at the end of paragraph (83) and inserting ``; and''; and (C) by inserting after paragraph (83) the following new paragraph: ``(84) provide that-- ``(A) the State shall not terminate eligibility for medical assistance under the State plan for an individual who is an eligible juvenile (as defined in subsection (nn)(2)) because the juvenile is an inmate of a public institution (as defined in subsection (nn)(3)), but may suspend coverage during the period the juvenile is such an inmate; ``(B) in the case of an individual who is an eligible juvenile described in paragraph (2)(A) of subsection (nn), the State shall, prior to the individual's release from such a public institution, conduct a redetermination of eligibility for such individual with respect to such medical assistance (without requiring a new application from the individual) and, if the State determines pursuant to such redetermination that the individual continues to meet the eligibility requirements for such medical assistance, the State shall restore coverage for such medical assistance to such an individual upon the individual's release from such public institution; and ``(C) in the case of an individual who is an eligible juvenile described in paragraph (2)(B) of subsection (nn), the State shall process any application for medical assistance submitted by, or on behalf of, such individual such that the State makes a determination of eligibility for such individual with respect to such medical assistance upon release of such individual from such public institution.''; and (2) by adding at the end the following new subsection: ``(nn) Juvenile; Eligible Juvenile; Public Institution.--For purposes of subsection (a)(84) and this subsection: ``(1) Juvenile.--The term `juvenile' means an individual who is-- ``(A) under 21 years of age; or ``(B) described in subsection (a)(10)(A)(i)(IX). ``(2) Eligible juvenile.--The term `eligible juvenile' means a juvenile who is an inmate of a public institution and who-- ``(A) was determined eligible for medical assistance under the State plan immediately before becoming an inmate of such a public institution; or ``(B) is determined eligible for such medical assistance while an inmate of a public institution. ``(3) Inmate of a public institution.--The term `inmate of a public institution' has the meaning given such term for purposes of applying the subdivision (A) following paragraph (29) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution.''. (b) No Change in Exclusion From Medical Assistance for Inmates of Public Institutions.--Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a State submitting claims for Federal financial participation under title XIX of such Act for such assistance. (c) No Change in Continuity of Eligibility Before Adjudication or Sentencing.--Nothing in this section shall be construed to mandate, encourage, or suggest that a State suspend or terminate coverage for individuals before they have been adjudicated or sentenced. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to eligibility of juveniles who become inmates of public institutions on or after the date that is 1 year after the date of the enactment of this Act. (2) Rule for changes requiring state legislation.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

At-Risk Youth Medicaid Protection Act of 2018 This bill prohibits a state Medicaid program from terminating a juvenile's medical assistance eligibility because the juvenile is incarcerated. A state may suspend coverage while the juvenile is an inmate, but must reevaluate the juvenile's eligibility prior to the juvenile's release (without requiring a new application) and, if appropriate, restore coverage upon release. A state must also process an application submitted by, or on behalf of, an incarcerated juvenile in a manner that ensures the juvenile's eligibility is determined upon release. A "juvenile" is an individual who: (1) is under 21 years of age; or (2) has aged out of the state's foster care system, was enrolled in the state plan while in foster care, and is under 26 years of age.

At-Risk Youth Medicaid Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Government Greenhouse Gas Registry Act of 2007''. SEC. 2. FEDERAL GREENHOUSE GAS EMISSIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``TITLE VII--FEDERAL GREENHOUSE GAS EMISSIONS ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Agency emission baseline.--The term `agency emission baseline', with respect to a Federal agency, means such quantity of the aggregate quantity of direct emissions, energy indirect emissions, and indirect emissions used to calculate the emission baseline as is attributable to the Federal agency. ``(2) Direct emission.--The term `direct emission' means an emission of a greenhouse gas directly from a source owned or controlled by the Federal Government, such as from a fleet of motor vehicles. ``(3) Emission allowance.--The term `emission allowance' means an authorization to emit, for any fiscal year, 1 ton of carbon dioxide (or the equivalent quantity of any other greenhouse gas, as determined by the Administrator). ``(4) Emission baseline.--The term `emission baseline' means a quantity of greenhouse gas emissions equal to the aggregate quantity of direct emissions, energy indirect emissions, and indirect emissions for fiscal year 2005, as determined by the Office in accordance with section 702(b)(3). ``(5) Energy indirect emission.--The term `energy indirect emission' means an emission of a greenhouse gas resulting from the production of electricity purchased and used by the Federal Government. ``(6) Greenhouse gas.--The term `greenhouse gas' means any of-- ``(A) carbon dioxide; ``(B) methane; ``(C) nitrous oxide; ``(D) hydrofluorocarbons; ``(E) perfluorocarbons; and ``(F) sulfur hexafluoride. ``(7) Indirect emission.-- ``(A) In general.--The term `indirect emission' means an emission of greenhouse gases resulting from the conduct of a project or activity (including outsourcing of a project or activity) by the Federal Government (or any Federal officer or employee acting in an official capacity). ``(B) Inclusions.--The term `indirect emission' includes an emission of a greenhouse gas resulting from-- ``(i) employee travel; or ``(ii) the use of an energy-intensive material, such as paper. ``(C) Exclusion.--The term `indirect emission' does not include an energy indirect emission. ``(8) Office.--The term `Office' means the Federal Emissions Inventory Office established by section 702(a). ``(9) Protocol.--The term `protocol' means the Greenhouse Gas Protocol Corporate Accounting and Reporting Standard developed by the World Resources Institute and World Business Council on Sustainable Development. ``SEC. 702. FEDERAL EMISSIONS INVENTORY OFFICE. ``(a) Establishment.--There is established within the Environmental Protection Agency an office to be known as the `Federal Emissions Inventory Office'. ``(b) Duties.--The Office shall-- ``(1) as soon as practicable after the date of enactment of this title, develop an emission inventory or other appropriate system to measure and verify direct emissions, energy indirect emissions, indirect emissions, and offsets of those emissions; ``(2) ensure that the process of data collection for the inventory or system is reliable, transparent, and accessible; ``(3)(A)(i) not later than 1 year after the date of enactment of this title, establish an emission baseline for the Federal Government; or ``(ii) not later than 180 days after the date of enactment of this title, if the Office determines that Federal agencies have not collected enough information, or sufficient data are otherwise unavailable, to establish an emission baseline, submit to Congress and the Administrator a report describing the type and quantity of data that are unavailable; and ``(B) after establishment of an emission baseline under subparagraph (A), periodically review and, if new information relating to the base year becomes available, revise the emission baseline, as appropriate; ``(4) upon development of the inventory or system under paragraph (1), use the inventory or system to begin accounting for direct emissions, energy indirect emissions, and indirect emissions in accordance with the protocol; ``(5) ensure that the inventory or other appropriate system developed under paragraph (1) is periodically audited to ensure that data reported in accordance with the inventory or system are relevant, complete, and transparent; ``(6) not later than 1 year after the date of enactment of this title-- ``(A) develop such additional procedures as are necessary to account for emissions described in paragraph (3), particularly indirect emissions; and ``(B) submit to Congress and the Administrator a report that describes any additional data necessary to calculate indirect emissions; ``(7) coordinate with climate change and greenhouse gas registries being developed by States and Indian tribes; and ``(8) not later than October 1 of the year after the date of enactment of this title, and annually thereafter, submit to Congress and the Administrator a report that, for the preceding fiscal year, for the Federal Government and each Federal agency-- ``(A) describes the aggregate quantity of emissions (including direct emissions, energy indirect emissions, and indirect emissions); and ``(B) specifies separately the quantities of direct emissions, energy indirect emissions, and indirect emissions comprising that aggregate quantity. ``SEC. 703. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this title.''.

Federal Government Greenhouse Gas Registry Act of 2007 - Amends the Clean Air Act to establish within the Environmental Protection Agency (EPA) the Federal Emissions Inventory Office. Sets forth the Offices' duties, including: (1) developing and using a greenhouse gas emission inventory or other system to measure and verify direct emissions (emissions directly from a source owned or controlled by the federal government), energy indirect emissions (emissions resulting from the production of electricity purchased and used by the federal government), indirect emissions (emissions resulting from the conduct of a project or activity by the federal government), and offsets of those emissions; and (2) establishing an emission baseline for the federal government.

A bill to amend the Clean Air Act to establish within the Environmental Protection Agency an office to measure and report on greenhouse gas emissions of Federal agencies.

SECTION 1. PURPOSE. The purpose of this Act is to authorize the Secretary of Agriculture (referred to in this Act as the ``Secretary'') to sell or exchange all or part of certain administrative sites and other lands in the George Washington National Forest and the Jefferson National Forest, and to use the value derived therefrom to acquire a replacement site and to construct on the site suitable improvements for national forest administrative purposes. SEC. 2. SALE OR EXCHANGE OF LAND. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any or all right, title, and interest of the United States in and to the approximately 368 acres contained in the following tracts of land situated in the State of Virginia: (1) Tract J-1665 (approximately 101 acres), as shown on the map titled ``Natural Bridge Juvenile Corrections Center, February 4, 1998''. (2) Tract G-1312a (approximately 214 acres), Tract G-1312b (approximately 2 acres), and Tract G1312a-I (approximately 10 acres), as shown on the plat titled ``George Washington National Forest, Alleghany Construction Company, (1312a,-I,b), Alleghany County, Virginia, June 1936''. (3) Tract G-1709 (approximately 23 acres), as shown on the plat titled ``James C. Doyle, Alleghany County, Virginia, April 13, 1993''. (4) Tract G-1360 (consisting of Lots 31 and 32; approximately .29 acres), Tract G-1361 (consisting of Lots 29 and 30; approximately .29 acres), Tract G-1362 (consisting of Lots 22, 23, and 24; approximately .43 acres), and Tract G-1363 (consisting of Lot 21; approximately .14 acres), as shown on the plat titled ``Dry River Road, George Washington National Forest, Warehouse Site, Bridgewater, Rockingham County, Virginia, July 1936''. (5) Tract G-1524 (consisting of Lot 13; approximately .13 acres), as shown on the plat titled ``Vertie E. Beery Tract, Rockingham County, Virginia, February 3, 1966''. (6) Tract G-1525 (consisting of Lots 11 and 12; approximately .26 acres), as shown on the plat titled ``Charles F. Simmons Tract 1525, Rockingham County, Virginia, February 3, 1966''. (7) Tract G-1486 (consisting of Lots 14, 15, and 16; approximately .39 acres), as shown on the plat shown at Deed Book 133, Page 341 Rockingham Virginia Records of the D.S. Thomas Inc. Addition, Town of Bridgewater. (8) Tract N-123a (consisting of Lots 7 and 8; approximately .287 acres), as shown on the plat titled ``George Washington Forest. A.M. Rucker, Tract N-123a, Buena Vista, Virginia''. (9) Tract N-123b (consisting of Lots 5 and 6; approximately .287 acres), as shown on the plat titled ``George Washington Unit, A.M. Rucker, N-123b, Rockbridge County, Virginia, city of Buena Vista, dated 1942''. (10) Tract G-1417 (approximately 1.2 acres), as shown on the plat titled ``George Washington Unit, R.A. Warren, Tracts (1417- 1417a), Bath County, Virginia, May 1940''. (11) Tract G-1520 (approximately 1 acre), as shown on the plat titled ``Samuel J. Snead Tract, Bath County, Virginia, February 3, 1966''. (12) Tract G-1522a (approximately .65 acres), as shown on the plat titled ``Charles N. Loving Tract, Bath County, Virginia, February 3, 1966''. (13) Tract G-1582 (approximately .86 acres), as shown on the plat titled ``Willie I. Haynes Tract, Bath County, Virginia, January 1974''. (14) Tract G-1582a (approximately .62 acres), as shown on the plat titled ``Willie I. Haynes, Bath County, Virginia, January 1979''. (15) Tract G-1673 (approximately 1.69 acres), as shown on the plat titled ``Erwin S. Solomon Tract, Bath County, Virginia, September 15, 1970''. (16) Tract J-1497 (approximately 2.66 acres), as shown on the plat titled ``James A. Williams, Tract 1497, January 24, 1990''. (17) Tract J-1652 (approximately 1.64 acres), as shown on the plat titled ``United States of America, Tract J-1652, Buchanan Magisterial District, Botetourt County, Virginia, September 4, 1996''. (18) Tract J-1653 (approximately 5.08 acres), as shown on the plat titled ``United States of America, Tract J-1653, Peaks Magisterial District, Bedford County, Virginia, November 4, 1996''. The Secretary may acquire land, and existing or future administrative improvements, in consideration for the conveyance of the lands designated in this subsection. (b) Applicable Authorities.--Except as otherwise provided in this Act, any sale or exchange of all or a portion of the lands designated in subsection (a) shall be subject to existing laws, rules, and regulations applicable to the conveyance and acquisition of lands for National Forest System purposes. (c) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept cash equalization payments in excess of 25 percent of the total value of the lands designated in subsection (a) from any exchange authorized by subsection (a). (d) Solicitations of Offers.--In carrying out this Act, the Secretary may use public or private solicitations of offers for sale or exchange on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer if the Secretary determines that the offer is not adequate or not in the public interest. SEC. 3. DISPOSITION OF FUNDS. Any funds received by the Secretary through sale or by cash equalization from an exchange shall be deposited into the fund provided by the Act of December 4, 1967 (16 U.S.C. 484a), commonly known as the Sisk Act, and shall be available for expenditure, upon appropriation, for-- (1) the acquisition of lands, and interests in the lands, in the State of Virginia; and (2) the acquisition or construction of administrative improvements in connection with the George Washington and Jefferson National Forests. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary of Agriculture to convey certain lands in Virginia for other lands or, if amounts are received through sale, to deposit receipts in a specified fund to be used for acquisition of lands in Virginia and acquisition or construction of administrative improvements in the George Washington and Jefferson National Forests.

To authorize the Secretary of Agriculture to convey certain lands and improvements in the State of Virginia, and for other purposes.

SECTION 1. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE COMPONENT FACILITIES AS POLLING PLACES. (a) Use of Military Installations Authorized.--Section 2670 of title 10, United States Code, is amended-- (1) by striking ``Under'' and inserting ``(a) Use by Red Cross.--Under''; (2) by striking ``this section'' and inserting ``this subsection''; and (3) by adding at the end the following new subsection: ``(b) Use as Polling Places.--(1) Notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title), the Secretary of a military department may make a building located on a military installation under the jurisdiction of the Secretary available for use as a polling place in any Federal, State, or local election for public office. ``(2) Once a military installation is made available as the site of a polling place with respect to a Federal, State, or local election for public office, the Secretary shall continue to make the site available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the site will no longer be made available as a polling place. ``(3) In this section, the term `military installation' has the meaning given the term in section 2687(e) of this title.''. (b) Use of Reserve Component Facilities.--(1) Section 18235 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(c) Pursuant to a lease or other agreement under subsection (a)(2), the Secretary may make a facility covered by subsection (a) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title). Once a facility is made available as the site of a polling place with respect to an election for public office, the Secretary shall continue to make the facility available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the facility will no longer be made available as a polling place.''. (2) Section 18236 of such title is amended by adding at the end the following new subsection: ``(e) Pursuant to a lease or other agreement under subsection (c)(1), a State may make a facility covered by subsection (c) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title).''. (c) Conforming Amendments to Title 18.--(1) Section 592 of title 18, United States Code, is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (2) Section 593 of such title is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the following: ``Making a military installation or reserve component facility available as a polling place in a Federal, State, or local election for public office in accordance with section 2670(b), 18235, or 18236 of title 10, United States Code, shall be deemed to be consistent with this section.''. (e) Availability of Polling Places for 2000 Federal Elections.--If a military installation or reserve component facility was made available as the site of a polling place with respect to an election for Federal office held during 1998, the same or a comparable site shall be made available for use as a polling place with respect to the general election for Federal office to be held in November 2000. (f) Clerical Amendments.--(1) The heading of section 2670 of title 10, United States Code, is amended to read as follows: ``Sec. 2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections''. (2) The item relating to such section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: ``2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections.''. Passed the House of Representatives October 12, 2000. Attest: Clerk.

Amends the Revised Statutes to authorize the use of military installations or reserve facilities for such purposes. Requires an installation or facility that was made available for a Federal election during 1998 to be made available for the general election for Federal office in November 2000.

To amend titles 10 and 18, United States Code, and the Revised Statutes to remove the uncertainty regarding the authority of the Department of Defense to permit buildings located on military installations and reserve component facilities to be used as polling places in Federal, State, and local elections for public office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Chemicals Act of 2017''. SEC. 2. CREDITS FOR PRODUCTION OF RENEWABLE CHEMICALS AND INVESTMENTS IN RENEWABLE CHEMICAL PRODUCTION FACILITIES. (a) Production of Renewable Chemicals.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. ``(a) In General.--For purposes of section 38, the production credit for renewable chemicals for any taxable year is an amount (determined separately for each renewable chemical) equal to $0.15 per pound of biobased content of each renewable chemical produced during the taxable year-- ``(1) by the taxpayer, or ``(2) for the taxpayer by a contract manufacturer under a binding written agreement. ``(b) Limitation.--The amount of the credit determined under subsection (a) with respect to a renewable chemical produced during any taxable year shall not exceed the credit amount allocated for purposes of this section by the Secretary to the taxpayer with respect to such chemical for such taxable year under section 48E(e). ``(c) Definitions.--For purposes of this section-- ``(1) Renewable chemical.--The term `renewable chemical' means any chemical which-- ``(A) is produced in the United States (or in a territory or possession of the United States) from renewable biomass, ``(B) is sold or used by the taxpayer-- ``(i) for the production of chemical products, polymers, plastics, or formulated products, or ``(ii) as chemicals, polymers, plastics, or formulated products, ``(C) is not less than 95 percent biobased content, ``(D) is the product of, or is reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion of renewable biomass, ``(E) is not sold or used for the production of any food, feed, or fuel, and ``(F) is not a chemical for which a credit has been claimed by the taxpayer in any taxable year under this section or section 48E. ``(2) Biobased content.--The term `biobased content' means, with respect to any renewable chemical, the biobased content of the total mass of organic carbon in such chemical (expressed as a percentage), determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. ``(3) Renewable biomass.--The term `renewable biomass' has the meaning given such term in section 9001(13) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(13)). ``(d) National Limitation on Credits for Renewable Chemicals.--See section 48E(e) for rules relating to national limitation on credits under this section. ``(e) Coordination With Investment Credit for Renewable Chemical Production Facilities.--See section 48E(f) for rules coordinating section 48E with this section. ``(f) Termination.--Notwithstanding any other provision of this section or section 48E, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (2) Credit to be part of general business credit.-- Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable chemicals production credit determined under section 45S(a).''. (b) Investment Credit in Lieu of Production Credit.-- (1) In general.--Section 46 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``, and'', and by adding at the end the following new paragraph: ``(7) the renewable chemical production facilities credit.''. (2) Renewable chemical production facilities credit.-- Subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 48D the following: ``SEC. 48E. INVESTMENT CREDIT FOR RENEWABLE CHEMICAL PRODUCTION FACILITIES. ``(a) In General.--For purposes of section 46, the renewable chemical production facilities credit for any taxable year is an amount equal to 30 percent of the basis of any eligible property which is a part of a renewable chemical production facility placed in service by the taxpayer during such taxable year. ``(b) Limitation.--The amount of the credit determined under subsection (a) with respect to a renewable chemical production facility of the taxpayer during any taxable year shall not exceed the credit amount allocated for purposes of this section by the Secretary to the taxpayer for such taxable year under subsection (e). ``(c) Renewable Chemical Production Facility.--For purposes of this section-- ``(1) In general.--The term `renewable chemical production facility' means a facility-- ``(A) which is owned by the taxpayer, ``(B) which is originally placed in service after the date of the enactment of this section and before the first day of the taxable year which begins 6 years after the date of the enactment of this section, and ``(C) with respect to which-- ``(i) no credit has been allowed under section 45S for chemicals produced at such facility in any previous taxable year, and ``(ii) the taxpayer makes an irrevocable election to have this section apply, and ``(D) which is used to produce renewable chemicals. ``(2) Eligible property.--The term `eligible property' means any property-- ``(A) which is-- ``(i) tangible personal property, or ``(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the renewable chemical production facility, and ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(3) Renewable chemical.--The term `renewable chemical' has the meaning given such term by section 45S(c)(1). ``(d) Certain Qualified Progress Expenditures Rules Made Applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(e) National Limitation on Credits for Renewable Chemicals.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section and section 45S to taxpayers who produce renewable chemicals for taxable years ending after the date of the enactment of this section. ``(2) Limitations.-- ``(A) Aggregate limitation.--The total amount of credits that may be allocated under such program shall not exceed $500,000,000. ``(B) Taxpayer limitation.--The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one taxpayer. ``(3) Selection criteria.--In determining to which taxpayers to make allocations of the credit amount under such program, the Secretary shall take into consideration-- ``(A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, ``(B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, ``(C) the technological innovation involved in the production method of the renewable chemical, ``(D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and ``(E) whether there is a reasonable expectation of commercial viability. ``(4) Redistribution.--If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical or renewable chemical production facility (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year-- ``(A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and ``(B) such excess may be reallocated by the Secretary consistent with the requirements of this subsection. ``(5) Disclosure of allocations.--The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the taxpayer and the amount of the credit with respect to such taxpayer. ``(f) Coordination With Production Credit for Renewable Chemicals.--If a taxpayer makes an election under subsection (c)(1)(C)(ii) with respect to a renewable chemical production facility, a credit shall not be allowed under section 45S for any renewable chemical produced by such facility. ``(g) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section and section 45S. ``(h) Termination.--The Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (c) Credits Allowable Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (ix) through (xi), respectively, and by inserting after clause (vi) the following new clauses: ``(vii) the credit determined under section 45S, ``(viii) the credit determined under section 46 to the extent that such credit is attributable to the renewable chemical production facilities credit under section 48E,''. (d) Clerical Amendments.-- (1) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Credit for production of renewable chemicals.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 48E. Investment credit for renewable chemical production facilities.''. (e) Effective Dates.--The amendments made by this section shall apply to renewable chemicals produced and renewable chemical production facilities placed in service after the date of the enactment of this Act, in taxable years ending after such date.

Renewable Chemicals Act of 2017 This bill amends the Internal Revenue Code to allow: (1) a business-related tax credit for the production of renewable chemicals, and (2) a tax credit for investment in renewable chemical production facilities. The bill defines "renewable chemical" as any chemical that: (1) is produced in the United States from renewable biomass; (2) is sold or used for the production of chemical products, polymers, plastics, or formulated products or as chemicals, polymers, plastics, or formulated products; (3) has a biobased content of not less than 95%; (4) is the product of, or reliant upon, biological or thermal conversion of renewable biomass; (5) is not sold or used for the production of any food, feed, or fuel; and (6) is not a chemical for which either of the tax credits established by this bill have been claimed by the taxpayer in any taxable year. The bill requires the Department of the Treasury to establish a program to allocate renewable chemical tax credit amounts to eligible taxpayers and imposes an aggregate limit on the amount of credits that may be allocated to not more than $500 million during the 5-year period after enactment of this bill. The amount of the credits that may be allocated to any taxpayer for any taxable year may not exceed $25 million.

Renewable Chemicals Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Compliance Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Affected owner or operator.--The term ``affected owner or operator'' means an owner or operator of an electric utility steam generating unit that is subject to-- (A) any emissions standard for hazardous air pollutants from electric utility steam generating units that the Administrator may promulgate based on the proposed rule entitled ``National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units'' (76 Fed. Reg. 24976 (May 3, 2011)); or (B) the final rule entitled ``Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals'' (76 Fed. Reg. 48208 (August 8, 2011)). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. COMPLIANCE PERIOD FOR UTILITY MACT STANDARDS. (a) Extension of Compliance Date.-- (1) In general.--Notwithstanding title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator shall provide an extension, for the period described in paragraph (2), of the deadline to comply with any emissions standards for hazardous air pollutants from electric utility steam generating units that the Administrator may promulgate based on the proposed rule entitled ``National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel- Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units'' (76 Fed. Reg. 24976 (May 3, 2011)). (2) Description of extension period.--The period referred to in paragraph (1) is a period of not less than an additional 2 years, as measured beginning on the final day of the applicable 3-year compliance period required under section 112(i)(3)(A) of the Clean Air Act (42 U.S.C. 7412(i)(3)(A)). (b) Savings Clause.--Nothing in this section modifies, limits, or otherwise affects the authority to extend the compliance schedule for any emissions standards described in subsection (a)(1) pursuant to paragraph (3)(B) or (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). SEC. 4. COMPLIANCE PERIOD FOR CROSS-STATE AIR POLLUTION RULE. (a) Extension of Compliance Date.--Notwithstanding title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator shall-- (1) provide adequate time for each State to adopt and submit plan revisions under section 110 of that Act (42 U.S.C. 7410) for the implementation of the emissions reductions of sulfur dioxide and nitrogen oxides from electric utility steam generating units required by the final rule entitled ``Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals'' (76 Fed. Reg. 48208 (August 8, 2011)); and (2) extend the date by which each State shall implement the emissions reductions required by the rule described in paragraph (1) until not earlier than-- (A) January 1, 2015, for first phase of the emissions reductions; and (B) January 1, 2017, for the second phase of the emissions reductions. (b) Savings Clause.--Nothing in this section modifies the effective date, or otherwise modifies, limits, or affects the emissions reduction requirements, established by the rule described in subsection (a)(1). SEC. 5. EXPEDITIOUS IMPLEMENTATION OF EMISSIONS REDUCTIONS. (a) Implementation Plan.-- (1) Development.--In accordance with subsection (b), each affected owner or operator shall develop a plan for the expeditious implementation of the applicable emissions reduction requirements specified in sections 3 and 4. (2) Submission.--Not later than December 1, 2012, each affected owner or operator shall submit to the Administrator and the Secretary the implementation plan developed under paragraph (1). (b) Requirements.--In developing an implementation plan under subsection (a)(1), an affected owner or operator shall-- (1) include all electric utility steam generating units under the common control of the affected owner or operator; (2) designate the units within the plan that are scheduled for permanent retirement or continued operation through the planning period ending on December 31, 2018; (3) in accordance with subsection (c), provide a schedule that establishes-- (A) in the case of each unit designated for permanent retirement under paragraph (2), the proposed date by which the unit will permanently cease all operations to generate electricity; and (B) in the case of each unit designated for continued operation under paragraph (2), the intermediate milestones and the final completion date for the implementation of the control measures that are necessary to achieve compliance with the applicable emissions reductions requirements specified in sections 3 and 4; and (4) in accordance with subsection (d), ensure that the implementation plan does not impair or threaten to impair the reliability of the local or regional electricity system. (c) Elements of Schedule.--The schedule required under subsection (b)(3) shall contain each of the following elements: (1) In the case of each unit designated for retirement under subsection (b)(2), a proposed date for the permanent cessation of all operations to generate electricity in accordance with a schedule that-- (A) is as expeditious as practicable; but (B) provides sufficient time for the implementation of any mitigation measures that may be necessary to ensure the reliability of the local or regional electricity system. (2) In the case of each unit designated for continued operation under subsection (b)(2)-- (A) a description of the control measures that the affected owner or operator plans to implement in order to comply with the applicable emissions reduction requirements specified in sections 3 and 4; (B) intermediate milestones (which may include applying for permits and regulatory approvals, completing phases of the engineering design, placing orders for control equipment, commencing construction, and benchmarks for completion of major phases of construction) that the affected owner or operator plans to meet in order to ensure the expeditious implementation of each control measure identified under subparagraph (A); and (C) a proposed date for completion of each control measure identified under subparagraph (A). (d) Procedures for Ensuring Electric Reliability.-- (1) Review of draft plan.-- (A) In general.--Not later than July 1, 2012, each affected owner or operator shall submit a draft implementation plan to the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)) (referred to in this section as ``ERO''). (B) Scope of review.--ERO, in consultation with appropriate regional reliability organizations, shall-- (i) review each implementation plan submitted under subparagraph (A); (ii) assess-- (I) the feasibility of the implementation of the combined plans for the region; and (II) the impacts of the combined schedules contained in those plans on the reliability and adequacy of the bulk power system; and (iii) recommend any revisions to the schedules contained in the implementation plans to provide adequate time for the implementation of any mitigation measures that may be necessary to ensure the reliability and adequacy of the bulk electric system. (2) Modification of draft plan.-- (A) Consultation.-- (i) In general.--ERO shall consult with each affected owner or operator that submits a draft implementation plan under paragraph (1)(A). (ii) Revisions.--Based on the consultation under clause (i), ERO and the affected owner or operator shall develop any revisions to the schedule contained in the draft plan of the affected owner or operator that may be necessary to address the recommendations developed by ERO during the review of the draft plan. (B) Finalization of draft plan.--The consultations under this paragraph shall be completed as expeditiously as practicable to facilitate timely submission of the plans in accordance with subsection (a)(2). (e) Issuance and Implementation of Final Plans.-- (1) Publication.--Not later than 60 days after the date of submission of a draft plan to ERO under subsection (d)(1)(A), the Secretary shall publish and submit to the Administrator the final implementation plan. (2) Implementation.--Not later than March 31, 2015, and annually thereafter through 2018, the Secretary shall submit to the Administrator an annual report that describes the progress made during the reporting period on the expeditious implementation of the necessary emissions control measures in a manner that ensures the reliability of the local and regional electricity systems. (f) Annual Reports.-- (1) Requirement.--Not later than December 1, 2014, and annually thereafter, each affected owner or operator that has submitted an implementation plan under subsection (a)(2) shall submit to the Administrator and the Secretary a report describing the progress made during the reporting period in implementing the plan, including-- (A) all milestones achieved; and (B)(i) any deviations from the intermediate milestones established by the schedule contained in the plan; and (ii) all measures carried out to resume implementation according to that schedule. (2) Adjustments to implementation plan.--If an affected owner or operator determines that an adjustment to any retirement date or the final date for completion of any control measure is necessary, the affected owner or operator-- (A) may submit to the Administrator and the Secretary a request for a modification of the schedule contained in the implementation plan; and (B) shall develop, review, and obtain approval of the modified schedule in the same manner as the initial implementation plan established under this section.

Fair Compliance Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to provide an extension of at least two years of the deadline to comply with any emissions standards for hazardous air pollutants from electric utility steam generating units that the Administrator may promulgate based on the proposed rule entitled "National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units." Requires the Administrator to: (1) provide adequate time for each state to adopt and submit state implementation plan revisions for the implementation of the emissions reductions of sulfur dioxide and nitrogen oxides from electric utility steam generating units required by the final rule entitled "Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals"; and (2) extend the date by which each state shall implement such reductions until no earlier than January 1, 2015, for first phase of the emissions reductions and January 1, 2017, for the second phase. Requires each owner or operator of such unit that is subject to any emissions standard for hazardous air pollutants to submit: (1) a draft implementation plan for the expeditious implementation of the applicable emissions reduction requirements to the Electric Reliability Organization (ERO) by July 1, 2012 for review, (2) a revised plan to the Administrator and the Secretary of Energy (DOE) by December 1, 2012, and (3) a report describing the progress made in implementing the plan to the Administrator and the Secretary by December 1, 2014, and annually thereafter. Requires the Secretary to submit to the Administrator: (1) a final implementation plan no later than 60 days after submission of a draft plan to ERO, and (2) a report on progress on implementing emissions control measures in a manner that ensures the reliability of the local and regional electricity systems by March 31, 2015, and annually thereafter through 2018.

A bill to provide additional time for compliance with, and coordinating of, the compliance schedules for certain rules of the Environmental Protection Agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Stewardship Contracting Act of 1994''. SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS. (a) Findings.--Congress makes the following findings: (1) In many of the units of the National Forest System, current conditions, such as heavy fuel loads, tree density, and increased threats from catastrophic fires, disease, and insect infestations, adversely affect the biodiversity, health, and sustainability of the forest ecosystems of such units. (2) The current authority granted to resource managers of units of the National Forest System does not provide for the distribution of revenues from the sale of timber and other forest products to accomplish ecosystem restoration work under a single contract. (3) A new and innovative contracting process for the National Forest System is required to meet Federal goals of improving forest resource conditions through implementation of ecosystem management. (4) The improvement of the forest resource is important to the long-term viability of species found on National Forest System lands. (5) Ecosystem restoration work performed as part of a timber sale contract would improve employment opportunities in communities near units of the National Forest System to the benefit of long-term economic health and community stability. (b) Purposes.--The purposes of this Act are as follows: (1) To improve and restore the health of forest resources through implementation of ecosystem management. (2) To provide for employment opportunities and economic stability for communities near units of the National Forest System. (3) To provide for needed flexibility in procurement and funding practices and in the distribution of revenues from timber and other forest products to assist in implementation of ecosystem management. (4) To provide the Secretary of Agriculture with the authority to enter into stewardship contracts to achieve management requirements prescribed in the following provisions of law: (A) The Act of June 4, 1897 (commonly known as the Organic Administration Act; 16 U.S.C. 473-475, 477-482, 551). (B) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528-531). (C) The Forest and Rangeland Renewable Resources Act of 1974 (16 U.S.C. 1600-1614). (D) Section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). (E) The Act of May 23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (c) Definitions.--For purposes of this Act: (1) Account.--The term ``Account'' means the Stewardship Account established under section 5. (2) Stewardship contract.--The term ``stewardship contract'' means a contract under which receipts from the sale of timber or other forest products are available to finance other resource activities for the improvement and restoration of forest ecosystems of units of the National Forest System. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) Resource activities.--The term ``resource activities'' includes site preparation, replanting, fish and wildlife habitat enhancement, silvi-cultural treatments, watershed improvement, fuel treatments (including prescribed burning), and road obliteration. (5) Resource manager.--The term `resource manager' refers to the line officer responsible for management decisios associated with project implementation on a unit of a national forest. SEC. 3. USE OF STEWARDSHIP CONTRACTS. (a) Use Authorized.--The Secretary shall establish and implement in the Forest Service a program to use stewardship contracts for the sale of timber and forest products on National Forest System lands using resource activities that provide for the health of the forest, sustainable ecosystems and economic assistance to forest resource- dependent communities. (b) Development and Use of Contracts.--The Secretary shall develop a standard stewardship contract for use throughout the National Forest System. Each resource manager of a unit of the National Forest System may enter into stewardship contracts with qualified non-Federal entities (as established in regulations relating to procurement by the Federal Government or as determined by the Secretary). Contracts should clearly describe the desired future condition for each resource managed under the contract and the evaluation criteria to be used to determine acceptable performance. The Secretary shall ensure that resource managers give such preferential treatment to small businesses, including small business concerns within the meaning of section 3(a) of the Small Business Act (15 U.S.C. 632(a)), in the awarding of stewardship contracts as is required under existing laws and policies relating to the allocation of timber sale programs in the Forest Service. The length of a stewardship contract shall be consistent with the requirements of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). (c) Selection of Areas for Contracts.--In selecting areas within units of the National Forest System to be subject to stewardship contracts, the Secretary and resource managers shall base the selection on the need to improve forest health, maintain and improve soil and water quality, and improve fisheries and wildlife habitat. Priority shall be given to wildland interface areas with respect to reducing fire hazards and minimizing the effects of insect and disease infestations. (d) Application of Contracts.--Subject to subsection (e), the Secretary may apply all or part of the revenues received from the sale of timber or any other forest products resulting to the Federal Government under a stewardship contract as an offset against the cost of other resource activities undertaken by the Secretary. (e) Effect on Other Revenue Requirements.--Required deposits shall continue to be made to the National Forest Fund, and 25 percent of the actual value of timber removed under stewardship contracts shall remain available for payments to States, as required under the Act of May 23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). The Secretary shall first collect revenues to make such payments before exercising the authority provided in subsection (d). (f) Supplementation of Contracts.--Appropriated funds may be included in a stewardship contract before the award of the contract if-- (1) the monies are available from the current annual appropriation; and (2) the monies are provided for the benefiting function. SEC. 4. STEWARDSHIP CONTRACT RECEIPTS AND EXPENDITURES. (a) Receipts.--Monetary receipts, as part of the payment for timber and other forest products under stewardship contracts, shall be deposited in a designated fund to be known as the ``Stewardship Account''. Amounts in the Account shall be used to make payments to States under the Act of May 23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500) and to fund resource activities. Amounts in the Account are hereby appropriated and shall be available to the Secretary until expended, except that those amounts found by the Secretary to be in excess to the needs of the Secretary shall be transferred to miscellaneous receipts in the Treasury of the United States. (b) Expenditures.--Not less than 80 percent of amounts in the Account available for resource activities shall be used for the direct costs of such resource activities. (c) Reporting.--As part of the annual report of the Secretary to Congress, the Secretary shall include an accounting of revenues, expenditures, and accomplishments related to the stewardship contracts. SEC. 5. RELATION TO OTHER LAWS. All stewardship contracts shall comply with existing applicable laws, and nothing in this Act may be construed as modifying the provisions of any other law except as explicitly provided in this Act.

National Forest Stewardship Contracting Act of 1994 - Directs the Secretary of Agriculture to: (1) implement a Forest Service program to use National Forest System timber and forest products revenues (stewardship contracts) to conduct other ecosystem resource activities on such lands; and (2) develop a standard System stewardship contract. Requires stewardship contract receipts to be deposited into a Stewardship Account. Appropriates Account funds.

National Forest Stewardship Contracting Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims' Rights Constitutional Amendment Implementation Act of 1997''. SEC. 2. CRIME VICTIM RIGHTS. (a) In General.--Except as provided in section 3, each victim of a Federal felony offense or any other Federal crime of violence (as defined in section 16 of title 18, United States Code) shall have the following rights: (1) To notice of, and not to be excluded from, all public proceedings relating to the offense. (2) To be heard, if present, and to submit a written statement at all public proceedings, relating to the offense, to determine a release from custody, an acceptance of a negotiated plea, or a sentence. (3) To the rights described in the preceding portion of this section at a parole proceeding that is not public, to the extent those rights are afforded to the convicted offender. (4) To notice of any release or escape from custody relating to the offense. (5) To seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense. (6) To an order of restitution from the convicted offender pursuant to law. (7) To consideration for the safety of the victim in determining any release from custody. (8) To notice of the rights established by this section. (9) The right to be treated with fairness and with respect for the victim's dignity and privacy. (10) The right to confer with the attorney for the Government in the case. (b) Affected Proceedings.--The rights established by this section shall apply in-- (1) Federal criminal proceedings (other than military criminal proceedings), including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. (c) Remedies.-- (1) Standing.--The victim shall have standing in the proceeding to assert the rights established by this section. (2) Disciplinary proceedings.--A knowing violation of a right provided in subsection (a) shall be grounds for disciplinary proceedings by the appropriate Federal governmental and professional disciplinary authorities. (3) Contempt.--A knowing violation of a right provided in subsection (a) may be treated by the court having jurisdiction as a contempt of court. (4) Judicial remedies.--This section does not create a cause of action or defense in favor of any person arising out of the failure to accord to a victim a right provided in subsection (a), and nothing in this section-- (A) provides grounds for the victim to overturn a charging decision, a conviction, or a sentence; to obtain a stay of trial; or to compel a new trial; or (B) provides grounds for the accused or convicted offender to obtain any form of relief. SEC. 3. EXCEPTIONS AND LIMITATIONS. (a) Exceptions.--The rights provided under section 2 do not apply-- (1) to informing victims about the release of an alleged or convicted offender-- (A) to go under cover to gather evidence on behalf of law enforcement authorities; or (B) to participate in a witness protection program; (2) to the extent that the court-- (A) determines with respect to a right that the number of victims is so great as unreasonably to delay the proceedings if that right were accorded to each of them; and (B) takes reasonable measures to allow that right to be exercised by representative victims; or (3) if the responsible official determines the victim is a suspect in the case. (b) Limitations.-- (1) Right to notice; when violated.--The rights to notice under this Act are not violated if the proper authorities make a reasonable effort, but are unable to provide the notice, or if the failure of the victim to make a reasonable effort to make those authorities aware of the victim's whereabouts prevents that notice. (2) Right to counsel for victims.--This Act does not create any right to counsel at public expense for any victim. (3) Rights of victims of uncharged offenses.--The decision to charge a defendant with an offense shall not be construed to make the rights under section 2(a) apply to a victim of any related, but uncharged, offense. SEC. 4. RESPONSIBILITY FOR IMPLEMENTATION. (a) Designation of Responsible Officials.--The courts, and the head of each department and agency of the United States engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, shall designate by names and office titles the persons who will be responsible for identifying the victims of crime, assuring the implementation of the rights provided in section 2, and performing the services described in subsection (c), at each stage of a criminal case. (b) Identification of Victims.--At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall-- (1) identify the victim or victims of a crime; (2) inform the victims of their right to receive, on request, the services described in subsection (c); and (3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the services described in subsection (c). (c) Description of Services.--(1) A responsible official shall-- (A) inform a victim of the place where the victim may receive emergency medical and social services; (B) inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and manner in which such relief may be obtained; (C) inform a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; and (D) assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C). (2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender. (3) During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of-- (A) the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation; (B) the arrest of a suspected offender; (C) the filing of charges against a suspected offender; (D) the scheduling of each court proceeding that the victim is either required to attend or, under section 2, is entitled to attend; (E) the release or detention status of an offender or suspected offender; (F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and (G) the sentence imposed on an offender, including the date on which the offender will be eligible for parole. (4) During court proceedings, a responsible official shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense witnesses. (5) After trial, a responsible official shall provide a victim the earliest possible notice of-- (A) the scheduling of a parole hearing for the offender; (B) the escape, work release, furlough, or any other form of release from custody of the offender; and (C) the death of the offender, if the offender dies while in custody. (6) At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes. (7) The Attorney General or the head of another department or agency that conducts an investigation of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. (8) A responsible official shall provide the victim with general information regarding the corrections process, including information about work release, furlough, probation, and eligibility for each. (d) Remedies.-- (1) Disciplinary proceedings.--A pattern and practice of knowing failures to provide the service described in subsection (c) shall be grounds for disciplinary proceedings by the appropriate Federal governmental and professional disciplinary authorities. (2) No cause of action or defense.--This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide information as required by subsection (b) or (c). SEC. 5. DEFINITIONS. For the purposes of this Act-- (1) the term ``responsible official'' means a person designated pursuant to section 4(a) to perform the functions of a responsible official under that section; and (2) the term ``victim'' means a person (but not including any governmental entity) that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including-- (A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and (B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference): (i) A spouse. (ii) A legal guardian. (iii) A parent. (iv) A child. (v) A sibling. (vi) Another family member. (vii) Another person designated by the court. SEC. 6. CONFORMING REPEAL. Sections 502 and 503 of the Crime Control Act of 1990 (42 U.S.C. 10606 and 10607) are repealed.

Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government. Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights. (Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case. Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request. Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process. Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act.

Victims' Rights Constitutional Amendment Implementation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Corps Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The acceleration of artificial intelligence is enabling the automation of jobs that have traditionally required human labor. (2) Such automation opens up new opportunities for individuals, the economy, and society, but such automation also has the potential to disrupt the employment landscape for millions of people in the United States. (3) The potential for artificial intelligence to improve the livelihoods and quality of life for the United States workforce over the long run depends on the institutions and policies in place. (4) Job training for dislocated workers in the skills needed in the innovation economy will be critical to maintaining the stability of the larger economy and individual families. (5) Young people are often well equipped to adapt to changes in technology and may be able to provide unique expertise in retraining dislocated workers. (6) The outstanding balance of Federal student loans now exceeds $1 trillion. This debt burden is limiting the ability of recent graduates to fully participate in the economy. SEC. 3. JOB-TRAINING GRANT PROGRAM FOR WORKERS DISPLACED BY AUTOMATION. (a) Establishment.--The Secretary of Commerce, in consultation with the Chief Executive Officer of the Corporation for National and Community Service, shall establish a competitive program to make grants to institutions of higher education to establish or enhance education programs that retrain workers displaced from their jobs by automation to provide such workers with skills needed for jobs in the STEM fields. (b) Management Plan.--Not later than 90 days after the date of the enactment of this Act, and not less frequently than every 5 years thereafter, the Secretary shall submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate a management plan for the grant program established under this section. The plan shall include the organization, structure, and funding profiles of the grant program for the 6 years following the submission of the plan. (c) Eligibility.--The Secretary may only make a grant under this section to an institution of higher education that submits an application at such time, in such form, and accompanied by such information and assurances as the Secretary may require. (d) Use of Funds.--An institution of higher education that receives a grant under this section shall use the grant funds for one or more education programs that retrain workers displaced, or at risk of future displacement, from their jobs by automation in order to enable such workers to reenter the workforce in jobs in the STEM fields. (e) Conditions for Receipt of Grant Funds.--An institution of higher education may not receive grant funds under this section unless the institution meets the following requirements: (1) The institution certifies that each education program for which the institution receives grant funds provides workers with training in skills needed for jobs in the STEM fields. (2) The institution uses graduate volunteers to assist with the education program for which the institution receives grant funds. (f) Maximum Amount of Grant.--A grant under this section may not exceed $5,000,000. (g) Rules Prescribing Selection Criteria.--Not later than 180 days after the date of the enactment of this Act, after a public comment period of not less than 60 days, the Secretary shall issue rules prescribing the criteria for selection of an institution of higher education to receive a grant under this section. Such criteria shall include performance requirements for an education program for which an institution of higher education receives grant funds. The Secretary shall update such rules as necessary. (h) Rules for Grant Administration.--Not later than 180 days after the date of the enactment of this Act, after a public comment period of not less than 60 days, the Secretary shall issue rules to ensure that grants under this section are made and administered in an accountable fashion in order to prevent waste, fraud, and abuse. The Secretary shall update such rules as necessary. (i) Deadline To Begin Making Grants.--The Secretary shall begin making grants under this section not later than 1 year after the date of the enactment of this Act. (j) Reports.--Not later than June 3 and December 31 of each year, the Inspector General of the Department of Commerce and the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that reviews the grant program established under this section during the 6 months preceding the submission of the report. Such report shall include any recommendations to address waste, fraud, and abuse in such program. (k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $250,000,000, of which not more than 5 percent shall be available for the costs of administering the grant program established under this section, for each of the fiscal years 2018 through 2028. SEC. 4. INNOVATION CORPS. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish an Innovation Corps whereby recent college graduates may volunteer, in an education program for which an institution of higher education receives (or is eligible to receive) a grant under section 3, to help retrain workers that have been displaced from their jobs by automation. (b) Stipend.--The Secretary shall pay a monthly stipend to each graduate volunteer in accordance with the rules issued under subsection (c)(4). (c) Rules.--Not later than 180 days after the date of the enactment of this Act, after a public comment period of not less than 60 days, the Secretary shall issue rules containing-- (1) the eligibility requirements for graduate volunteers; (2) the application procedures to become a graduate volunteer; (3) the code of conduct for graduate volunteers; and (4) the amount of a monthly stipend for graduate volunteers sufficient to furnish graduate volunteers with housing, food, and transportation to and from the education program with which the graduate volunteer volunteers. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $250,000,000 for each of the fiscal years 2018 through 2028. SEC. 5. STUDENT LOAN DEFERMENT AND FORGIVENESS FOR GRADUATE VOLUNTEERS. (a) Loan Deferment.--Section 455(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) during which the borrower is serving as a graduate volunteer in the Innovation Corps established under section 4 of the Innovation Corps Act of 2017.''. (b) Loan Forgiveness.--With respect to any borrower of Federal student loans who completes 2 years of volunteer service as a graduate volunteer in the Innovation Corps established under section 4, the Secretary of Commerce shall repay, on behalf of such borrower, not more than $100,000 of the balance of principal and interest due on such loans as of the date of completion of such service. SEC. 6. DEFINITIONS. In this Act: (1) Automation.--The term ``automation'' means the introduction of machinery into any enterprise that is intended to, or has the effect of, replacing human labor. (2) Federal student loan.--The term ``Federal student loan'' means a loan made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Graduate volunteer.--The term ``graduate volunteer'' means a recent college graduate who volunteers in the Innovation Corps established under section 4. (5) Recent college graduate.--The term ``recent college graduate'' means an individual who has graduated from an institution of higher education not more than 2 years before applying to become a graduate volunteer in the Innovation Corps established under section 4. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) STEM field.--The term ``STEM field'' means science, technology, engineering, or mathematics.

Innovation Corps Act of 2017 This bill requires the Department of Commerce to establish a competitive program to make grants to institutions of higher education to establish or enhance education programs that retrain workers displaced from their jobs by automation to provide such workers with skills needed for jobs in science, technology, engineering, or mathematics (STEM) fields. Commerce shall establish an Innovation Corps whereby recent college graduates may volunteer, in an education program for which an institution of higher education receives (or is eligible to receive) such a grant, to help retrain displaced workers. The Higher Education Act of 1965 is amended to: (1) allow federal student loan deferment for graduate volunteers who serve in the corps, and (2) require Commerce to repay up to $100,000 of such a student loan for a borrower who completes two years of corps service.

Innovation Corps Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cement Sector Regulatory Relief Act of 2011''. SEC. 2. LEGISLATIVE STAY. (a) Establishment of Standards.--In place of the rules specified in subsection (b), and notwithstanding the date by which such rules would otherwise be required to be promulgated, the Administrator of the Environmental Protection Agency (in this Act referred to as the ``Administrator'') shall-- (1) propose regulations for the Portland cement manufacturing industry and Portland cement plants subject to any of the rules specified in subsection (b)-- (A) establishing maximum achievable control technology standards, performance standards, and other requirements under sections 112 and 129, as applicable, of the Clean Air Act (42 U.S.C. 7412, 7429); and (B) identifying non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such industry and plants are solid waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the ``Resource Conservation and Recovery Act'') for purposes of determining the extent to which such combustion units are required to meet the emissions standards under section 112 of the Clean Air Act (42 U.S.C. 7412) or the emission standards under section 129 of such Act (42 U.S.C. 7429); and (2) finalize the regulations on the date that is 15 months after the date of the enactment of this Act. (b) Stay of Earlier Rules.-- (1) The following rule is of no force or effect, shall be treated as though such rule had never taken effect, and shall be replaced as described in subsection (a): ``National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants'', published at 75 Fed. Reg. 54970 (September 9, 2010). (2) The following rules are of no force or effect, shall be treated as though such rules had never taken effect, and shall be replaced as described in subsection (a), insofar as such rules are applicable to the Portland cement manufacturing industry and Portland cement plants: (A) ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'', published at 76 Fed. Reg. 15704 (March 21, 2011). (B) ``Identification of Non-Hazardous Secondary Materials That Are Solid Waste'', published at 76 Fed. Reg. 15456 (March 21, 2011). SEC. 3. COMPLIANCE DATES. (a) Establishment of Compliance Dates.--For each regulation promulgated pursuant to section 2, the Administrator-- (1) shall establish a date for compliance with standards and requirements under such regulation that is, notwithstanding any other provision of law, not earlier than 5 years after the effective date of the regulation; and (2) in proposing a date for such compliance, shall take into consideration-- (A) the costs of achieving emissions reductions; (B) any non-air quality health and environmental impact and energy requirements of the standards and requirements; (C) the feasibility of implementing the standards and requirements, including the time needed to-- (i) obtain necessary permit approvals; and (ii) procure, install, and test control equipment; (D) the availability of equipment, suppliers, and labor, given the requirements of the regulation and other proposed or finalized regulations of the Environmental Protection Agency; and (E) potential net employment impacts. (b) New Sources.--The date on which the Administrator proposes a regulation pursuant to section 2(a)(1) establishing an emission standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying the definition of a new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid waste incineration unit under section 129(g)(2) of such Act (42 U.S.C. 7429(g)(2)). (c) Rule of Construction.--Nothing in this Act shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). SEC. 4. ENERGY RECOVERY AND CONSERVATION. Notwithstanding any other provision of law, and to ensure the recovery and conservation of energy consistent with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the ``Resource Conservation and Recovery Act''), in promulgating rules under section 2(a) addressing the subject matter of the rules specified in section 2(b)(2), the Administrator-- (1) shall adopt the definitions of the terms ``commercial and industrial solid waste incineration unit'', ``commercial and industrial waste'', and ``contained gaseous material'' in the rule entitled ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'', published at 65 Fed. Reg. 75338 (December 1, 2000); and (2) shall identify non-hazardous secondary material to be solid waste only if-- (A) the material meets such definition of commercial and industrial waste; or (B) if the material is a gas, it meets such definition of contained gaseous material. SEC. 5. OTHER PROVISIONS. (a) Establishment of Standards Achievable in Practice.--In promulgating rules under section 2(a), the Administrator shall ensure that emissions standards for existing and new sources established under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions. (b) Regulatory Alternatives.--For each regulation promulgated pursuant to section 2(a), from among the range of regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et seq.) including work practice standards under section 112(h) of such Act (42 U.S.C. 7412(h)), the Administrator shall impose the least burdensome, consistent with the purposes of such Act and Executive Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011). Passed the House of Representatives October 6, 2011. Attest: KAREN L. HAAS, Clerk.

Cement Sector Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; and (2) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and Identification of Non-Hazardous Secondary Materials That are Solid Waste, insofar as such rules are applicable to the Portland cement manufacturing industry and Portland cement plants. Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate and finalize on the date that is 15 months after the date of the enactment of this Act regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such industry and plants, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish a date for compliance with standards and requirements under such regulations, which shall be no earlier than five years after such regulation's effective date after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. Treats the date on which the Administrator proposes such a regulation establishing an emission standard as the proposal date for purposes of applying the definition of a "new source" to hazardous air pollutants requirements or of a "new solid waste incineration unit" to solid waste combustion requirements under the Clean Air Act. Requires the Administrator, in promulgating such regulations, to: (1) adopt the definitions of "commercial and industrial solid waste incineration unit," "commercial and industrial waste," and "contained gaseous material" in the rule entitled Standards for Performance of New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; (2) identify non-hazardous secondary material to be solid waste only if the material meets such definitions; (3) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions; and (4) impose the least burdensome regulatory alternative.

To provide additional time for the Administrator of the Environmental Protection Agency to issue achievable standards for cement manufacturing facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Forensics and Attribution Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The threat of a nuclear terrorist attack on American interests, both domestic and abroad, is one of the most serious threats to the national security of the United States. In the wake of an attack, attribution of responsibility would be of utmost importance. Because of the destructive power of a nuclear weapon, there could be little forensic evidence except the radioactive material in the weapon itself. (2) Through advanced nuclear forensics, using both existing techniques and those under development, it may be possible to identify the source and pathway of a weapon or material after it is interdicted or detonated. Though identifying intercepted smuggled material is now possible in some cases, pre-detonation forensics is a relatively undeveloped field. The post-detonation nuclear forensics field is also immature, and the challenges are compounded by the pressures and time constraints of performing forensics after a nuclear or radiological attack. (3) A robust and well-known capability to identify the source of nuclear or radiological material intended for or used in an act of terror could also deter prospective proliferators. Furthermore, the threat of effective attribution could compel improved security at material storage facilities, preventing the unwitting transfer of nuclear or radiological materials. (4)(A) In order to identify special nuclear material and other radioactive materials confidently, it is necessary to have a robust capability to acquire samples in a timely manner, analyze and characterize samples, and compare samples against known signatures of nuclear and radiological material. (B) Many of the radioisotopes produced in the detonation of a nuclear device have short half-lives, so the timely acquisition of samples is of the utmost importance. Over the past several decades, the ability of the United States to gather atmospheric samples-- often the preferred method of sample acquisition--has diminished. This ability must be restored and modern techniques that could complement or replace existing techniques should be pursued. (C) The discipline of pre-detonation forensics is a relatively undeveloped field. The radiation associated with a nuclear or radiological device may affect traditional forensics techniques in unknown ways. In a post-detonation scenario, radiochemistry may provide the most useful tools for analysis and characterization of samples. The number of radiochemistry programs and radiochemists in United States National Laboratories and universities has dramatically declined over the past several decades. The narrowing pipeline of qualified people into this critical field is a serious impediment to maintaining a robust and credible nuclear forensics program. (5) Once samples have been acquired and characterized, it is necessary to compare the results against samples of known material from reactors, weapons, and enrichment facilities, and from medical, academic, commercial, and other facilities containing such materials, throughout the world. Some of these samples are available to the International Atomic Energy Agency through safeguards agreements, and some countries maintain internal sample databases. Access to samples in many countries is limited by national security concerns. (6) In order to create a sufficient deterrent, it is necessary to have the capability to positively identify the source of nuclear or radiological material, and potential traffickers in nuclear or radiological material must be aware of that capability. International cooperation may be essential to catalogue all existing sources of nuclear or radiological material. SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR FORENSICS COOPERATION. It is the sense of the Congress that the President should-- (1) pursue bilateral and multilateral international agreements to establish, or seek to establish under the auspices of existing bilateral or multilateral agreements, an international framework for determining the source of any confiscated nuclear or radiological material or weapon, as well as the source of any detonated weapon and the nuclear or radiological material used in such a weapon; (2) develop protocols for the data exchange and dissemination of sensitive information relating to nuclear or radiological materials and samples of controlled nuclear or radiological materials, to the extent required by the agreements entered into under paragraph (1); and (3) develop expedited protocols for the data exchange and dissemination of sensitive information needed to publicly identify the source of a nuclear detonation. SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETECTION OFFICE. (a) Additional Responsibilities.--Section 1902 of the Homeland Security Act of 2002 (as redesignated by Public Law 110-53; 6 U.S.C. 592) is amended-- (1) in subsection (a)-- (A) in paragraph (9), by striking ``and'' after the semicolon; (B) by redesignating paragraph (10) as paragraph (14); and (C) by inserting after paragraph (9) the following: ``(10) lead the development and implementation of the national strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States required under section 1036 of the National Defense Authorization Act for Fiscal Year 2010; ``(11) establish, within the Domestic Nuclear Detection Office, the National Technical Nuclear Forensics Center to provide centralized stewardship, planning, assessment, gap analysis, exercises, improvement, and integration for all Federal nuclear forensics and attribution activities-- ``(A) to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks; and ``(B) to coordinate and implement the national strategic five-year plan referred to in paragraph (10); ``(12) establish a National Nuclear Forensics Expertise Development Program, which-- ``(A) is devoted to developing and maintaining a vibrant and enduring academic pathway from undergraduate to post- doctorate study in nuclear and geochemical science specialties directly relevant to technical nuclear forensics, including radiochemistry, geochemistry, nuclear physics, nuclear engineering, materials science, and analytical chemistry; ``(B) shall-- ``(i) make available for undergraduate study student scholarships, with a duration of up to 4 years per student, which shall include, if possible, at least 1 summer internship at a national laboratory or appropriate Federal agency in the field of technical nuclear forensics during the course of the student's undergraduate career; ``(ii) make available for doctoral study student fellowships, with a duration of up to 5 years per student, which shall-- ``(I) include, if possible, at least 2 summer internships at a national laboratory or appropriate Federal agency in the field of technical nuclear forensics during the course of the student's graduate career; and ``(II) require each recipient to commit to serve for 2 years in a post-doctoral position in a technical nuclear forensics-related specialty at a national laboratory or appropriate Federal agency after graduation; ``(iii) make available to faculty awards, with a duration of 3 to 5 years each, to ensure faculty and their graduate students have a sustained funding stream; and ``(iv) place a particular emphasis on reinvigorating technical nuclear forensics programs while encouraging the participation of undergraduate students, graduate students, and university faculty from historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, Asian American and Native American Pacific Islander-serving institutions, Alaska Native-serving institutions, and Hawaiian Native-serving institutions; and ``(C) shall-- ``(i) provide for the selection of individuals to receive scholarships or fellowships under this section through a competitive process primarily on the basis of academic merit and the nuclear forensics and attribution needs of the United States Government; ``(ii) provide for the setting aside of up to 10 percent of the scholarships or fellowships awarded under this section for individuals who are Federal employees to enhance the education of such employees in areas of critical nuclear forensics and attribution needs of the United States Government, for doctoral education under the scholarship on a full-time or part-time basis; ``(iii) provide that the Secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which such scholarship is awarded; ``(iv) require scholarship recipients to maintain satisfactory academic progress; and ``(v) require that-- ``(I) a scholarship recipient who fails to maintain a high level of academic standing, as defined by the Secretary, who is dismissed for disciplinary reasons from the educational institution such recipient is attending, or who voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded shall be liable to the United States for repayment within 1 year after the date of such default of all scholarship funds paid to such recipient and to the institution of higher education on the behalf of such recipient, provided that the repayment period may be extended by the Secretary if the Secretary determines it necessary, as established by regulation; and ``(II) a scholarship recipient who, for any reason except death or disability, fails to begin or complete the post-doctoral service requirements in a technical nuclear forensics-related specialty at a national laboratory or appropriate Federal agency after completion of academic training shall be liable to the United States for an amount equal to-- ``(aa) the total amount of the scholarship received by such recipient under this section; and ``(bb) the interest on such amounts which would be payable if at the time the scholarship was received such scholarship was a loan bearing interest at the maximum legally prevailing rate; ``(13) provide an annual report to Congress on the activities carried out under paragraphs (10), (11), and (12); and''; and (2) by adding at the end the following new subsection: ``(b) Definitions.--In this section: ``(1) Alaska native-serving institution.--The term `Alaska Native-serving institution' has the meaning given the term in section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d). ``(2) Asian american and native american pacific islander- serving institution.--The term `Asian American and Native American Pacific Islander-serving institution' has the meaning given the term in section 320 of the Higher Education Act of 1965 (20 U.S.C. 1059g). ``(3) Hawaiian native-serving institution.--The term `Hawaiian native-serving institution' has the meaning given the term in section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d). ``(4) Hispanic-serving institution.--The term `Hispanic-serving institution' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(5) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). ``(6) Tribal college or university.--The term `Tribal College or University' has the meaning given that term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''. (b) Joint Interagency Annual Reporting Requirement to Congress and the President.-- (1) In general.--Section 1907(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 596a(a)(1)) is amended-- (A) in subparagraph (A)(ii), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (B)(iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) the Director of the Domestic Nuclear Detection Office and each of the relevant departments that are partners in the National Technical Forensics Center-- ``(i) include, as part of the assessments, evaluations, and reviews required under this paragraph, each office's or department's activities and investments in support of nuclear forensics and attribution activities and specific goals and objectives accomplished during the previous year pursuant to the national strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States required under section 1036 of the National Defense Authorization Act for Fiscal Year 2010; ``(ii) attaches, as an appendix to the Joint Interagency Annual Review, the most current version of such strategy and plan; and ``(iii) includes a description of new or amended bilateral and multilateral agreements and efforts in support of nuclear forensics and attribution activities accomplished during the previous year.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Nuclear Forensics and Attribution Act - Expresses the sense of Congress that the President should: (1) pursue bilateral and multilateral international agreements to establish an international framework for determining the source of any confiscated nuclear or radiological material or weapon, as well as the source of any detonated weapon and the nuclear or radiological material used in such a weapon; (2) develop protocols for the data exchange and dissemination of sensitive information relating to nuclear or radiological materials and samples of controlled nuclear or radiological materials to the extent required by such agreements; and (3) develop expedited protocols for the data exchange and dissemination of sensitive information needed to publicly identify the source of a nuclear detonation. Amends the Homeland Security Act of 2002 to include within the mission of the Domestic Nuclear Detection Office to: (1) lead the development and implementation of the national strategic five-year plan for improving U.S. nuclear forensic and attribution capabilities required under the National Defense Authorization Act for FY2010; (2) establish within the Office a National Technical Nuclear Forensics Center to provide centralized stewardship, planning, assessment, gap analysis, exercises, improvement, and integration for all federal nuclear forensics and attribution activities; (3) establish a National Nuclear Forensics Expertise Development Program that is devoted to developing and maintaining a vibrant and enduring academic pathway from undergraduate to post-doctorate study in nuclear and geochemical science specialties directly relevant to technical nuclear forensics and that shall provide undergraduate and doctoral student scholarships and awards to ensure that faculty and their graduate students have a sustained funding stream; and (4) report to Congress annually on such activities. Requires the Director of the Office and each of the relevant departments that are partners in the Center to: (1) include, as part of required assessments, evaluations, and reviews, each office's or department's activities and investments in support of nuclear forensics and attribution activities and specific goals and objectives accomplished during the previous year pursuant to the national strategic five-year plan for improving U.S. nuclear forensic and attribution capabilities; (2) attach, as an appendix to the Joint Interagency Annual Review, the most current version of such strategy and plan; and (3) include a description of new or amended bilateral and multilateral agreements and efforts in support of nuclear forensics and attribution activities accomplished during the previous year.

To strengthen efforts in the Department of Homeland Security to develop nuclear forensics capabilities to permit attribution of the source of nuclear material, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Signature Act of 1999''. SEC. 2. RECOGNITION OF DIGITAL SIGNATURES. (a) Requirement.--To the extent that a Federal agency recognizes a written signature as authenticating a document, the agency shall recognize a digital signature as authenticating an equivalent electronically formatted document. (b) Effective Date.--Subsection (a) shall take effect 1 year after the date of the enactment of this Act. SEC. 3. DIGITAL SIGNATURE INFRASTRUCTURE. (a) Guidelines and Standards.--Not later than 6 months after the date of the enactment of this Act, the Director, in consultation with industry, shall develop digital signature infrastructure guidelines and standards for use by Federal agencies to enable those agencies to effectively utilize digital signatures in a manner that is-- (1) sufficiently secure to meet the needs of those agencies and the general public; and (2) interoperable, to the maximum extent possible. (b) Elements.--The guidelines and standards developed under subsection (a) shall include-- (1) technical security requirements for digital signature infrastructure products and services; (2) validation criteria to enable Federal agencies to select digital signature infrastructure products and services appropriate to their needs; and (3) minimum interoperability specifications for the Federal acquisition of digital signature infrastructure products and services. (c) Coordination With National Policy Panel.--The Director shall ensure that the development of guidelines and standards under this section is carried out in coordination with the efforts of the National Policy Panel for Digital Signatures under section 7. (d) Revisions.--The Director shall periodically review the guidelines and standards developed under subsection (a) and revise them as appropriate. SEC. 4. VALIDATION OF PRODUCTS. Not later than 6 months after the date of the enactment of this Act, and periodically thereafter as appropriate, the Director shall make available to Federal agencies and to the public an evaluation of the conformance with the guidelines and standards developed under section 3 of commercially available digital signature infrastructure products, and other such products used by Federal agencies. SEC. 5. ELECTRONIC CERTIFICATION AND MANAGEMENT SYSTEMS. (a) Criteria.--Not later than 6 months after the date of the enactment of this Act, the Director shall establish minimum technical criteria for the use by Federal agencies of electronic certification and management systems. (b) Evaluation.--The Director shall establish a program for evaluating the conformance with the criteria established under subsection (a) of electronic certification and management systems, developed for use by Federal agencies or available for such use. (c) Maintenance of List.--The Director shall maintain and make available to Federal agencies a list of electronic certification and management systems the Director has evaluated as conforming to the criteria established under subsection (a). SEC. 6. REPORTS. Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Director shall transmit to the Congress a report that includes-- (1) a description and analysis of the utilization by Federal agencies of digital signatures; (2) an evaluation of the extent to which Federal agencies' digital signature infrastructures conform to the guidelines and standards developed under section 3(a); (3) an evaluation of the extent to which Federal agencies' electronic certification and management systems conform to the criteria established under section 5(a); (4) the list described in section 5(c); and (5) evaluations made under section 4. SEC. 7. NATIONAL POLICY PANEL FOR DIGITAL SIGNATURES. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall establish a National Policy Panel for Digital Signatures. The Panel shall be composed of government, academic, and industry technical and legal experts on the implementation of digital signature technologies, State officials, including officials from States which have enacted laws establishing digital signature infrastructures, and representative individuals from the interested public. (b) Responsibilities.--The Panel shall serve as a forum for exploring all relevant factors associated with the development of a national digital signature infrastructure based on uniform standards to enable the widespread availability and use of digital signature systems. The Panel shall develop-- (1) model practices and procedures for certification authorities to ensure the accuracy, reliability, and security of operations associated with issuing and managing digital certificates; (2) standards to ensure consistency among jurisdictions that license certification authorities; and (3) audit standards for certification authorities. (c) Coordination.--The Panel shall coordinate its efforts with those of the Director under section 3. (d) Administrative Support.--The Under Secretary shall provide administrative support to enable the Panel to carry out its responsibilities. (e) Report.--Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall transmit to the Congress a report containing the recommendations of the Panel. SEC. 8. DEFINITIONS. For purposes of this Act-- (1) the term ``certification authorities'' means issuers of digital certificates; (2) the term ``digital certificate'' means an electronic document that binds an individual's identity to the individual's digital signature; (3) the term ``digital signature'' means a mathematically generated mark utilizing asymmetric key cryptography techniques that is unique to both the signatory and the information signed; (4) the term ``digital signature infrastructure'' means the software, hardware, and personnel resources, and the procedures, required to effectively utilize digital certificates and digital signatures; (5) the term ``Director'' means the Director of the National Institute of Standards and Technology; (6) the term ``electronic certification and management systems'' means computer systems, including associated personnel and procedures, that enable individuals to apply unique digital signatures to electronic information; and (7) the term ``Under Secretary'' means the Under Secretary of Commerce for Technology.

Digital Signature Act of 1999 - Directs a Federal agency, to the extent that it recognizes a written signature as authenticating a document, to recognize a digital signature as authenticating an equivalent electronically formatted document. Requires the Director of the National Institute of Standards and Technology to develop digital signature infrastructure guidelines and standards for use by Federal agencies to enable those agencies to utilize digital signatures in a manner that is: (1) sufficiently secure to meet the needs of those agencies and the public; and (2) interoperable to the maximum extent possible. Requires the Director to: (1) ensure the development of such guidelines and standards in coordination with the efforts of the National Policy Panel for Digital Signatures (established by this Act); and (2) make available to such agencies and the public an evaluation of the conformance of commercially available digital signature infrastructure products and other such products used by those agencies with such guidelines and standards. Directs the Director to: (1) establish minimum technical criteria for use of electronic certification and management systems by Federal agencies; (2) establish a program for evaluating conformance of electronic certification and management systems developed for use by Federal agencies or available for such use with such criteria; and (3) maintain and make available to Federal agencies a list of those systems conforming to such criteria. Directs the Panel to develop: (1) model practices and procedures for certification authorities for ensuring the accuracy, reliability, and security of operations associated with issuing and managing digital certificates; (2) standards for ensuring consistency among jurisdictions that license such authorities; and (3) audit standards for such authorities. Directs the Under Secretary of Commerce for Technology to provide administrative support to the Panel and report to Congress on the Panel's recommendations.

Digital Signature Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Conservation and Outdoor Recreation Enhancement Act''. SEC. 2. SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE. It is the sense of Congress that-- (1) the mission of the National Fish Habitat Initiative is to protect, restore, and enhance the Nation's fish populations through partnerships that foster fish habitat conservation and improve the quality of life for the American people; (2) the national network of Fish Habitat Partnerships established under the National Fish Habitat Initiative-- (A) promotes intact and healthy fish habitats; (B) encourages community-based projects with a goal of ensuring a broad diversity of fish and fish populations; and (C) supports the economic significance of fish habitat resources and the recreational, subsistence, and commercial fishing linked to these resources in the United States; and (3) the enactment by Congress of implementing legislation for the National Fish Habitat Initiative would ensure continued Federal support for the ongoing activities of the National Fish Habitat Partnerships. SEC. 3. FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION. The Federal Land Transaction Facilitation Act is amended-- (1) in section 203(1) (43 U.S.C. 2302(1)), by striking ``cultural, or'' and inserting ``cultural, recreational access and use, or other''; (2) in section 203(2) in the matter preceding subparagraph (A), by striking ``on the date of enactment of this Act was'' and inserting ``is''; (3) in section 205 (43 U.S.C. 2304)-- (A) in subsection (a), by striking ``section 206'' and all that follows through the period and inserting the following: ``section 206-- ``(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); ``(2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2015, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and ``(3) to maintain the database referred to in paragraph (2).''; and (B) in subsection (d), by striking ``11'' and inserting ``22''; (4) in section 206(c)(2) (43 U.S.C. 2305(c)(2)), by adding at the end the following: ``(E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.''; (5) in section 206(c)(3) (43 U.S.C. 2305(c)(3))-- (A) by inserting after subparagraph (A) the following: ``(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;''; and (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); (6) in section 206(f) (43 U.S.C. 2305(f)), by amending paragraph (2) to read as follows: ``(2) any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).''; and (7) in section 207(b) (43 U.S.C. 2306(b))-- (A) in paragraph (1)-- (i) by striking ``96-568'' and inserting ``96-586''; and (ii) by striking ``; or'' and inserting a semicolon; (B) in paragraph (2)-- (i) by inserting ``Public Law 105-263;'' before ``112 Stat.''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109-432; 120 Stat. 3028); ``(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111- 11); ``(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111-11); ``(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1108); or ``(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1121).''. SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that follows through paragraph (5) and inserting ``not to exceed $50,000,000 for each of fiscal years 2016 through 2020.''. SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT REAUTHORIZATION. (a) Board of Directors of the Foundation.-- (1) In general.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended-- (A) in subsection (b)-- (i) by striking paragraph (2) and inserting the following: ``(2) In general.--After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall-- ``(A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and ``(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.''; and (ii) by striking paragraph (3) and inserting the following: ``(3) Terms.--Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.''; and (B) in subsection (g)(2)-- (i) in subparagraph (A), by striking ``(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers'' and inserting the following: ``(A) In general.--Officers''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Executive director.--The Foundation shall have an Executive Director who shall be-- ``(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and ``(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.''. (2) Conforming amendment.--Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking ``Secretary of the Board'' and inserting ``Executive Director of the Board''. (b) Rights and Obligations of the Foundation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended-- (1) in subsection (c)-- (A) by striking ``(c) Powers.--To carry out its purposes under'' and inserting the following: ``(c) Powers.-- ``(1) In general.--To carry out the purposes described in''; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ``that are insured by an agency or instrumentality of the United States'' and inserting ``at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation''; (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking ``paragraph (3) or (4)'' and inserting ``subparagraph (C) or (D)''; (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ``; and'' and inserting a semicolon; (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: ``(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and ``(L) to do acts necessary to carry out the purposes of the Foundation.''; and (G) by striking the undesignated matter at the end and inserting the following: ``(2) Treatment of real property.-- ``(A) In general.--For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Encumbered real property.--A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. ``(3) Savings clause.--The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.''; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of Appropriations.--Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2016 through 2020-- ``(A) $15,000,000 to the Secretary of the Interior; ``(B) $5,000,000 to the Secretary of Agriculture; and ``(C) $5,000,000 to the Secretary of Commerce.''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Amounts from federal agencies.-- ``(A) In general.--In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. ``(B) Advances.--Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. ``(C) Management fees.--The Foundation may assess and collect fees for the management of amounts received under this paragraph.''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``funds'' and inserting ``amounts''; (ii) by striking ``shall be used'' and inserting ``may be used''; and (iii) by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, and other entities''; and (C) by adding at the end the following: ``(3) Administration of amounts.-- ``(A) In general.--In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is-- ``(i) to address an environmental emergency resulting from a natural or other disaster; or ``(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. ``(B) Reports.--The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.''; and (3) by adding at the end the following: ``(d) Use of Gifts, Devises, or Bequests of Money or Other Property.--Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.''. (d) Limitation on Authority.--Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting ``exclusive'' before ``authority''. SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION. The Neotropical Migratory Bird Conservation Act is amended-- (1) in section 9(c)(2) (16 U.S.C. 6108(c)(2)), by striking ``3'' and inserting ``4''; and (2) by amending section 10 (16 U.S.C. 6109) to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2016 through 2020. ``(b) Use of Funds.--Of the amounts made available under subsection (a) for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.''. SEC. 7. PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION. Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C. 3774) is amended by striking ``2011'' and inserting ``2020''. SEC. 8. MAKING PUBLIC LANDS PUBLIC. (a) Availability of Funds.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Availability of funds for certain projects ``Notwithstanding any other provision of this Act, the Secretary and the Secretary of Agriculture shall ensure that, of the amounts appropriated for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.''. (b) Conforming Amendments.-- (1) Availability of deposits.--Section 200302(c)(3) of title 54, United States Code, is amended by striking ``Notwithstanding section 200303 of this title, money'' and inserting ``Money''. (2) Contracts for acquisition of land and water.--Section 200308 of title 54, United States Code, is amended in the first sentence, by striking ``by section 200303 of this title''. (3) Contracts for options to acquire land and water in system.--Section 200309 of title 54, United States Code, is amended in the third sentence by striking ``by section 200303 of this title''.

Sportsmen's Conservation and Outdoor Recreation Enhancement Act This bill reauthorizes several programs supporting the conservation of wildlife habitat. The bill amends the Federal Land Transaction Facilitation Act by extending until July 25, 2022, the Department of the Interior's authority to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands. When prioritizing the acquisition of inholdings (private land that is surrounded by public land) and nonfederal lands with exceptional resources, Interior and the Department of Agriculture (USDA) must consider the extent to which an acquisition of land would increase the public availability of resources for, and the public's access to, hunting, fishing, and other recreational activities. The bill also removes from the scope of the Act land that is eligible for sale under specified public land laws. The bill reauthorizes through FY2020 the North American Wetlands Conservation Act and the Partners for Fish and Wildlife Act. The bill reauthorizes through FY2020 and revises the National Fish and Wildlife Foundation Establishment Act and the Neotropical Migratory Bird Conservation Act. Interior and USDA must ensure that specified amounts from the Land and Water Conservation Fund are made available each year for securing public access to federal land for hunting, fishing, and other recreational purposes through land transactions.

Sportsmen's Conservation and Outdoor Recreation Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Subsidiary Tax Equity Act''. SEC. 2. INCOME FROM RUNAWAY PLANTS OR FROM MANUFACTURING OPERATIONS LOCATED IN A COUNTRY WHICH PROVIDES A TAX HOLIDAY INCLUDED IN SUBPART F INCOME. (a) Foreign Base Company Manufacturing Related Income Added to Currently Taxed Amounts.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 (defining foreign base company income) is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(6) the foreign base company manufacturing related income for the taxable year (determined under subsection (h) and reduced as provided in subsection (b)(5)).'' (b) Definition of Foreign Base Company Manufacturing Related Income.--Section 954 of such Code is amended by adding at the end thereof the following new subsection: ``(h) Foreign Base Company Manufacturing Related Income.-- ``(1) In general.--For purposes of this section, the term `foreign base company manufacturing related income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with the manufacture for or sale to any person of personal property by the controlled foreign corporation where the property sold was manufactured by the controlled foreign corporation in any country other than the United States if such property or any component of such property was manufactured-- ``(A) in a tax holiday plant, or ``(B) in a runaway plant. ``(2) Other definitions; special rules.--For purposes of this subsection-- ``(A) Tax holiday plant defined.--The term `tax holiday plant' means any facility-- ``(i) operated by the controlled foreign corporation in connection with the manufacture of personal property, and ``(ii) with respect to which any economic benefit under any tax law of the country in which such facility is located accrued-- ``(I) to such corporation, ``(II) for the purpose of providing an incentive to such corporation to establish, maintain, or expand such facility, and ``(III) for the taxable year of such corporation during which the personal property referred to in paragraph (1) was manufactured. ``(B) Runaway plant defined.--The term `runaway plant' means any facility-- ``(i) for the manufacture of personal property of which not less than 10 percent is used, consumed, or otherwise disposed of in the United States, and ``(ii) which is established or maintained by the controlled foreign corporation in a country in which the effective tax rate imposed by such country on the corporation is less than 90 percent of the effective tax rate which would be imposed on such corporation under this title. ``(C) Economic benefit under any tax law defined.-- The term `economic benefit under any tax law' includes-- ``(i) any exclusion or deduction of any amount from gross income derived in connection with-- ``(I) the operation of any manufacturing facility, or ``(II) the manufacture or sale of any personal property, which would otherwise be subject to tax under the law of such country; ``(ii) any reduction in the rate of any tax which would otherwise be imposed under the laws of such country with respect to any facility or property referred to in clause (i) (including any ad valorem tax or excise tax with respect to such property); ``(iii) any credit against any tax which would otherwise be assessed against any such facility or property or any income derived in connection with the operation of any such facility or the manufacture or sale of any such property; and ``(iv) any abatement of any amount of tax otherwise due and any other reduction in the actual amount of tax paid to such country. ``(D) Manufacture defined.--The term `manufacture' or `manufacturing' includes any production, processing, assembling, or finishing of any personal property or any component of property not yet assembled and any packaging, handling, or other activity incidental to the shipment or delivery of such property to any buyer. ``(E) Corporation includes any related person.--The term `controlled foreign corporation' includes any related person with respect to such corporation. ``(F) Special rule for determining which taxable year an economic benefit was obtained.--An economic benefit under any tax law shall be treated as having accrued in the taxable year of the controlled foreign corporation in which such corporation actually obtained the benefit, notwithstanding the fact that such benefit may have been allowable for any preceding or succeeding taxable year and was carried forward or back, for any reason, to the taxable year. ``(3) Limitation on application of paragraph (1) in certain cases.--For purposes of this section-- ``(A) In general.--The term `foreign base company manufacturing related income' shall not include any income of a controlled foreign corporation from the manufacture or sale of personal property if-- ``(i) such corporation is not a corporation significantly engaged in manufacturing, ``(ii) the investment in the expansion of an existing facility which gave rise to a tax holiday for such facility was not a substantial investment, or ``(iii) the personal property was used, consumed, or otherwise disposed of in the country in which such property was manufactured. ``(B) Corporation significantly engaged in manufacturing defined.-- ``(i) General rule.--A corporation shall be deemed to be significantly engaged in manufacturing if the value of real property and other capital assets owned or controlled by the corporation and dedicated to manufacturing operations is more than 10 percent of the total value of all real property and other capital assets owned or controlled by such corporation. ``(ii) Special rule for assessing property value.--The value of any property owned by the corporation is the basis of such corporation in such property. The basis of the corporation in any property which was acquired other than by purchase shall be the fair market value of such property at the time of such acquisition. Any property controlled but not owned by such corporation under any lease (or any other instrument which gives such corporation any right of use or occupancy with respect to such property) shall be treated as property acquired other than by purchase in the manner provided in the preceding sentence. ``(C) Substantial investment defined.--The term `substantial investment' means any amount which-- ``(i) was added to the capital account for an existing facility during the 3-year period ending on the last day of any taxable year with respect to which such facility is a tax holiday plant, and ``(ii) caused the sum of all amounts added to such account during such period to exceed 20 percent of the total value of such facility (determined in the manner provided in subparagraph (B)(ii)) on the first day of such period.'' (c) Technical and Conforming Amendments.-- (1) The last sentence of subsection (b)(4) of such section 954 is amended by striking out ``subsection (a)(5).'' and by inserting in lieu thereof ``subsection (a)(5) or foreign base company manufacturing related income described in subsection (a)(6).'' (2) Subsection (b)(5) of such section 954 is amended by striking out ``and the foreign base company oil related income'' and by inserting in lieu thereof ``the foreign base company oil related income, and the foreign base company manufacturing related income''. (3) Subsection (b) of such section 954 is amended by inserting at the end thereof the following new paragraph: ``(9) Foreign base company manufacturing related income not treated as another kind of base company income.--Income of a corporation which is foreign base company manufacturing related income shall not be treated as foreign base company income of such corporation under any paragraph of subsection (a) other than paragraph (6).'' (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1988, and to taxable years of United States shareholders in which, or with which, such taxable years of foreign corporations end. (2) Investments before the date of enactment not taken into account.--No facility of a foreign controlled corporation shall be treated as a tax holiday plant (within the meaning of section 954(h)(2)(A) of such Code, as amended by this section) or as a runaway plant (within the meaning of section 954(h)(2)(B) of such Code, as amended by this section) on the basis of any amount paid or incurred with respect to such facility and added to the capital account for such facility before the date of the enactment of this Act.

Foreign Subsidiary Tax Equity Act - Amends the Internal Revenue Code to include as taxable income of U.S. shareholders in controlled foreign corporations the foreign base company manufacturing related income attributable to manufacturing operations in a tax holiday (tax haven) plant or in a runaway plant.

Foreign Subsidiary Tax Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Review Freedom Act of 2014''. SEC. 2. PROTECTING CONSUMER SPEECH. (a) Prohibition.--A provision of a form contract is void from the inception of such contract if said provision-- (1) prohibits or restricts the ability of a person who is a party to the form contract to engage in a covered communication; (2) imposes a penalty or fee against a person who is a party to the form contract for engaging in a covered communication; or (3) assigns or provides an exclusive license, or requires a person who is a party to the form contract to assign or provide an exclusive license, to any business, other person, or entity any intellectual property rights that such party to the form contract has or may have in a covered communication. (b) Rule of Construction.--Nothing in subsection (a) shall be construed to affect-- (1) any duty of confidentiality imposed by law (including agency guidance); or (2) any civil action for defamation, libel, or slander, or any similar cause of action. (c) Exceptions.--Subsection (a) shall not apply to the extent that a provision of a form contract prohibits disclosure of the following: (1) Trade secrets or commercial or financial information obtained from a person and privileged or confidential. (2) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (3) Records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (d) Unlawful Conduct.--It shall be unlawful for a business to offer or enter into a form contract containing a provision described as void in subsection (a). (e) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (d) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Federal Trade Commission shall enforce this section 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 person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (f) State Enforcement.--The attorney general of a State may file an action to enforce subsection (d) seeking appropriate relief. In any case in which the attorney general 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 any regulation of the Commission prescribed under this section, 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 seek appropriate relief. (g) Definitions.-- (1) The term ``person'' means a natural person. (2) The term ``business'' means a legal entity organized to accomplish a business purpose, including either for-profit or not-for-profit. (3) The term ``form contract'' means a standardized contract used by a business and imposed on a party without a meaningful opportunity for said party to negotiate the standardized terms, but does not include a contract establishing an employer-employee or independent contractor relationship. (4) The term ``covered communication'' means a person's written, verbal, or pictorial review, performance assessment of, or other similar analysis of, the products, services, or conduct of a business which is a party to the form contract. (5) The term ``written'' includes words provided by electronic means. (6) The term ``verbal'' includes speech provided by electronic means. (7) The term ``pictorial'' includes pictures, photographs, and video provided by electronic means. (h) Effective Dates.-- (1) Subsections (a), (b), (c), (d), and (g) shall apply to any contracts in effect on or after date of enactment. (2) Subsections (e) and (f) shall apply to any contracts in effect on or after one year after date of enactment. SEC. 3. RELATION TO STATE CAUSES OF ACTION. Nothing in this Act shall be construed to affect any cause of action brought by a person that exists or may exist under State law.

Consumer Review Freedom Act of 2014 - Declares a provision of a form contract to be void from the inception if it: (1) prohibits or restricts a person who is a party to the contract from engaging in written, verbal, or pictorial reviews, or other similar performance assessments or analyses of, the products, services, or conduct of a business that is a party to the contract; (2) imposes penalties or fees against such a person for engaging in such communications; or (3) assigns or provides an exclusive license, or requires such a person to assign or provide an exclusive license, to any of the person's intellectual property rights in such communications. (Thus, bars certain contract provisions that prohibit consumers from commenting publicly about businesses.) Sets forth exceptions under which a provision shall not be considered void under this Act if the provision prohibits disclosure of certain: (1) trade secrets or commercial or financial information, (2) personnel and medical files, or (3) law enforcement records. Provides for this Act to be inapplicable to contracts establishing an employer-employee or independent contractor relationship. Prohibits businesses from offering or entering into form contracts containing a provision that is considered void under this Act. Treats violations by businesses as unfair or deceptive acts or practices under the Federal Trade Commission Act. Sets forth authority for the Federal Trade Commission (FTC) and state attorneys general to enforce such violations.

Consumer Review Freedom Act of 2014

That this Act may be cited as the ``Small Business Administration Amendments of 1994''. TITLE I Sec. 101. Section 7(m)(1)(B) of the Small Business Act is amended by adding the words ``, a lender or alliance of lenders'' after the word ``Administration'', and by adding after the word ``intermediaries'' in clause (i) thereof the following phrase ``: Provided, however, That the Administration may make in its sole discretion up to 100 percent deferred participation loans to ten intermediaries which will be located in urban areas and ten intermediaries which will be located in rural areas,''. Sec. 102. Section 7(m)(7) of the Small Business Act is amended by deleting the number ``50'' from subparagraph (B) thereof, and replacing it with the number ``140'', and by deleting the period at the end thereof and adding the phrase : ``Provided, That no more than 200 total microloan programs may be funded'', and by deleting subparagraph (C) thereof and inserting in lieu thereof: ``(C) In no case shall a State receive more than $5,000,000 to fund all microloan programs conducted in that State.''. Sec. 103. Section 7(m)(3)(C) of the Small Business Act is amended by replacing the number ``$1,250,000'' with the number ``$1,750,000''. Sec. 104. Section 7(m)(3)(F) of the Small Business Act is amended by adding after the phrase ``10 years'' in clause (i) the following: ``with the first 5 years of any deferred participation loan being a revolving line of credit on which only monthly payments of interest will be required and the balance amortized over the second 5 year period, with equal monthly payments of principal and interest''; and by revising clause (ii) to read as follows: ``(ii) Applicable interest rates.--Exception as provided in clause (iii), loans made by the Administration under this subsection to an intermediary shall bear an interest rate equal to the rate of interest on comparable 5 year obligations of the United States Treasury. TITLE II Sec. 201. Section 7(a)(2)(B)(iv) of the Small Business Act is amended to read as follows: ``. . . (iv) not more than 90 percent of the financing outstanding at the time of disbursement if such financing is an extension or a revolving line of credit made under paragraph (14) and not less than 90 percent of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16).''. Sec. 202. Section 7(a)(14) of the Small Business Act is amended to read as follows: ``(14) (A) The Administration under this subsection may provide extensions, specifically including guarantees of standby letters of credit and revolving lines of credit for export purposes, and financing to enable small business concerns, including small business export trading companies and small business export management companies, to develop foreign markets. A bank or participating lending institution may establish such rate of interest on extensions, revolving lines of credit and financing made under this paragraph as may be legal and reasonable.''. Sec. 203. Section 7(a)(3)(B) of the Small Business Act is amended to read as follows: ``. . . if the total amount outstanding and committed (on a deferred basis) solely for the purposes provided in paragraph (16) to the borrower from the Business Guaranteed Loan Financing Account established by this Act would exceed $1,000,000 such amount to be in addition to any financing solely for working capital, supplies, or revolving lines of credit for export purposes up to a maximum of $750,000: Provided, however, That in no event may the aggregate amount outstanding and committed by the Administration under this subsection exceed $1,250,000 . . .''. TITLE III Sec. 301. Sections 8(b)(2), (3) and (4) of the Small Business Act are amended by inserting the words ``and other'' after the word ``small'' wherever it appears. TITLE IV Sec. 401. Section 28(2)(g) of the Small Business Act is deleted and in its place the following is substituted: ``(g) There is established within the Administration an Office of Women's Business Ownership which shall be responsible for the administration under the supervision by the Administration of all authority conferred by this section. Such office shall be headed by a director who shall be appointed by the Administrator.''. TITLE V Sec. 501. Section 8(b)(1)(A) of the Small Business Act is amended by adding at the end thereof the following sentence: ``Notwithstanding any other provision of law, the authority provided by this subparagraph shall remain available until expressly repealed.''. Sec. 502. Section 411(a)(3) of the Small Business Investment Act of 1958 is amended by adding the following sentence at the end thereof: ``Notwithstanding any other provision of law, the authority granted by this paragraph shall remain available until expressly repealed.''. Sec. 503. Section 5(b)(8) of the Small Business Act is amended by deleting the words ``not in excess of six months''. Sec. 504. The second sentence of section 732 of Public Law 100-656 is repealed. Sec. 505. Section 4(c) of the Small Business Act is amended to read as follows: ``(c) (1) There is hereby established in the Treasury one Loan Liquidation Fund. All repayment of loans and debentures, payments of interest, and other receipts arising out of transactions entered into by the Administration pursuant to sections 5(e), 5(g), 7(a), 7(b), 7(c)(2), 7(e), 7(h), 7(l), 7(m), and 8(a) of this Act, and titles III, IV, and V of the Small Business Investment Act of 1958, prior to October 1, 1991, shall be paid into such Loan Fund Liquidating Account. Balances existing in those revolving funds, as in effect immediately prior to the effective date of this paragraph, shall be transferred into such Loan Liquidation Fund. This Loan Liquidation Fund shall have available, without fiscal year limitation, such funds as are necessary to finance its operational needs. (2) The Administration shall submit to the Committees on Small Business and Appropriations of the Senate and the House of Representatives, as soon as possible after the beginning of each fiscal year, a full and complete report on the status of the Loan Liquidation Fund established pursuant to paragraph (1).''. Sec. 506. Section 4(c)(5)(B)(ii) of the Small Business Act is amended to read as follows: ``(ii) The Administration shall pay into the miscellaneous receipts of the Treasury following the close of each fiscal year, the actual interest it collects during that fiscal year on all financings made under the authority of this Act.''. Sec. 507. Section 3(a)(2) of the Small Business Act is amended to read as follows: ``. . . (2) In addition to the criteria specified in paragraph (1), the Administrator may specify detailed definitions or standards for example, by number of employees or dollar volume of business, by which a business concern is to be recognized as a small business concern for the purposes of this Act or any other Act. Unless specifically authorized by statute, the Secretary of a department or the head of a Federal agency, other than the Administrator of the Small Business Administration, may not prescribe for the use of such department or agency a size standard for categorizing a business concern as a small business concern, unless such proposed size standard-- ``(A) is being proposed after an opportunity for public notice and comment; ``(B) provides for determining, over a period of not less than 3 years-- ``(i) the size of a manufacturing concern as measured by its average employment based upon employment during each of the concern's pay periods for the preceding completed twelve calendar months; or ``(ii) the size of a concern providing services on basis of the annual average gross receipts of the concern over a period of not less than 3 years; and ``(C) is approved by the Administrator. ``(3) When establishing or approving any size standard pursuant to paragraph (2), the Administrator shall consider variations in economic activity from industry to industry unless the Administrator determines that size standards should not vary in order to meet program needs.''. Sec. 508. Section 5(b) of the Small Business Act is amended by deleting the word ``and'' at the end of paragraph (10) thereof, by removing the ``.'' at the end of paragraph (11) thereof and replacing it with ``, and'' and (b) adding a new paragraph (12) which reads as follows: ``. . . (12) to impose reasonable fees to be charged in connection with applications for assistance, and the provision of assistance under this Act and the Small Business Investment Act of 1958 and to retain such fees to offset the costs of administration of such assistance.''. Sec. 509. Section 8(b) of the Small Business Act is amended by deleting the word ``and'' at the end of paragraph (15), by striking the period at the end of paragraph 8(b)(16) and replacing it with ``; and'', and by adding a new paragraph 8(b)(17) which reads as follows: ``. . . (17) to charge and collect such fees as may be necessary to cover all costs associated with the production and dissemination of compilations of information produced by the Administration under the authority of the Small Business Act and the Small Business Investment Act of 1958, and to retain such fees and utilize such fees to offset the costs of production and dissemination of such compilations of information.''. TITLE VI Sec. 601. Sections 20(k) through 20(p) of the Small Business Act are repealed and the following is substituted in their place: ``(k) The following program levels are authorized for fiscal year 1995: ``(1) For the programs authorized by this Act, the Administration is authorized to make $13,910,000,000 in deferred participation loans and other financings; and of such sum, the Administration is authorized to make $11,500,000,000 in general business loans as provided in section 7(a), $110,000,000 in loans as provided in section 7(m), and $2,300,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958. ``(2) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $23,000,000 in purchases of preferred stock, $275,000,000 in guarantees of debentures of which $65,000,000 is authorized for guarantees of debentures of companies operating pursuant to section 301(d) of such Act, and $550,000,000 in guarantees of participating securities. ``(3) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $2,000,000,000. ``(l) There are authorized to be appropriated to the Administration for fiscal year 1995 such sums as may be necessary to carry out subsection (k), including salaries and expenses of the Administration. ``(m) The following program levels are authorized for fiscal year 1996: ``(1) For the programs authorized by this Act, the Administration is authorized to make $17,475,000,000 in deferred participation loans and other financings; and of such sum, the Administration is authorized to make $13,500,000,000 in general business loans as provided in section 7(a), $175,000,000 in loans as provided in section 7(m), and $3,800,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958. ``(2) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $24,000,000 in purchases of preferred stock, $320,000,000 in guarantees of debentures of which $70,000,000 is authorized for guarantees of debentures of companies operating pursuant to section 301(d) of such Act, and $1,100,000,000 in guarantees of participating securities. ``(3) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $2,000,000,000. ``(n) There are authorized to be appropriated to the Administration for fiscal year 1996, such sums as may be necessary to carry out subsection (m), including salaries and expenses of the Administration. ``(o) The following program levels are authorized for fiscal year 1997: ``(1) For the programs authorized by this Act, the Administration is authorized to make $21,450,000,000 in deferred participation loans and other financings; and of such sum, the Administration is authorized to make $15,500,000,000 in general business loans as provided in section 7(a), $250,000,000 in loans as provided in section 7(m), and $5,700,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958. ``(2) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $25,000,000 in purchases of deferred stock, $385,000,000 in guarantees of debentures of which $75,500,000 is authorized for guarantees of debentures of companies operating pursuant to section 301(d) of such Act, and $1,700,000,000 in guarantees of participating securities. ``(3) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $2,000,000,000. ``(p) There are authorized to be appropriated to the Administration for fiscal year 1997, such sums as may be necessary to carry out subsection (o), including salaries and expenses of the Administration.''.

Small Business Administration Amendments of 1994 - Title I: Amends the Small Business Act (the Act) to: (1) allow the Administrator of the Small Business Administration (SBA), under the microloan demonstration program, to make up to 100 percent deferred participation loans to ten small business intermediaries located in urban areas and ten intermediaries located in rural areas; (2) revise the authorized number of microloan programs for fiscal years after 1992; (3) increase from $1.5 to $5 million the annual microloan limits to a State; (4) increase from $1.25 to $1.75 million the total outstanding loan limit authorized for each intermediary; and (5) revise microloan repayment requirements. Title II: Revises provisions concerning the participatory amount of the SBA in small business loans provided on a deferred basis. Increases from $250,000 to $750,000 the authorized outstanding loan amounts for small businesses engaged in or adversely affected by international trade. Title III: Allows the SBA Administrator to inventory the productive facilities and capacities of business (currently, only small businesses) as part of a business loan process. Title IV: Establishes within the SBA an Office of Women's Business Ownership to administer the women's demonstration projects (projects providing financial assistance to businesses owned and controlled by women) created under the Act. Title V: Amends the Act and the Small Business Investment Act to provide that the authority of the SBA to make loans under such Acts shall remain available until expressly repealed. (Sec. 503) Removes a six-month limitation on the payment of transportation expenses of SBA employees in connection with any disaster loan assistance. (Sec. 505) Establishes in the Treasury one Loan Liquidation Fund, replacing various revolving funds, a disaster loan fund, and a business and investment loan fund under the Act. Provides for repayment of all such loans to the Fund. Requires a report from the SBA Administrator to specified congressional committees concerning Fund activities. (Sec. 507) Authorizes the SBA Administrator to specify detailed definitions or standards by which a business shall be recognized as a small business for purposes of the Act, with certain requirements such as an opportunity for public hearing. (Sec. 508) Empowers the SBA Administrator to impose reasonable fees in connection with assistance provided and information compiled and disseminated under the Act and the Small Business Investment Act. Title VI: Authorizes specified program funding levels for FY 1995 through 1997 for loans and other programs, as well as salaries and expenses, as provided or required under the Act and the Small Business Investment Act.

Small Business Administration Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Employee Screening and Security Enhancement Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Transportation Security Administration. (3) Air carrier.--The term ``air carrier'' has the meaning given such term in section 40102 of title 49, United States Code. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security 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. (5) Foreign air carrier.--The term ``foreign air carrier'' has the meaning given such term in section 40102 of title 49, United States Code. (6) Intelligence community.--The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (7) Secured area.--The term ``secured area'' has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. (8) Security identification display area.--The term ``Security Identification Display Area'' has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. (9) Sterile area.--The term ``sterile area'' has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. SEC. 3. COST AND FEASIBILITY STUDY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the Aviation Security Advisory Committee (established under section 44946 of title 49, United States Code), shall submit to the appropriate congressional committees and the Comptroller General of the United States a cost and feasibility study of a statistically significant number of Category I, II, III, IV, and X airports assessing the impact if all employee access points from non-secured areas to secured areas of such airports are comprised of the following: (1) A secure door utilizing card and pin entry or biometric technology. (2) Surveillance video recording, capable of storing video data for at least 30 days. (3) Advanced screening technologies, including at least one of the following: (A) Magnetometer (walk-through or hand-held). (B) Explosives detection canines. (C) Explosives trace detection swabbing. (D) Advanced imaging technology. (E) X-ray bag screening technology. (b) Contents.--The study required under subsection (a) shall include information related to the employee screening costs of those category I, II, III, IV, and X airports which have already implemented practices of screening 100 percent of employees accessing secured areas of airports, including the following: (1) Costs associated with establishing an operational minimum number of employee entry and exit points. (2) A comparison of estimated costs and effectiveness associated with implementing the security features specified in subsection (a) to-- (A) the Federal Government; and (B) airports and the aviation community. (c) Comptroller General Assessment.-- (1) In general.--Upon completion of the study required under subsection (a), the Comptroller General of the United States shall review such study to assess the quality and reliability of such study. (2) Assessment.--Not later than 60 days after the receipt of the study required under subsection (a), the Comptroller General of the United States shall report to the Committee on Homeland Security 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 on the results of the review required under paragraph (1). SEC. 4. AIRPORT WORKER EDUCATION AND SECURITY AWARENESS. (a) Cooperative Efforts to Enhance Airport Security Awareness.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed employees, and the Aviation Security Advisory Committee to enhance security awareness of credentialed airport populations regarding insider threats to aviation security and best practices related to airport access controls. (b) Credentialing Standards.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall, in consultation with air carriers, foreign air carriers, airport operators, labor unions representing credentialed employees, and the Aviation Security Advisory Committee, assess credentialing standards, policies, and practices to ensure that insider threats to aviation security are adequately addressed. (2) Report.--Not later than 30 days after completion of the assessment required under paragraph (1), the Administrator shall report to the appropriate congressional committees on the results of such assessment. (c) SIDA Applications.-- (1) Social security numbers required.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall require airport operators to submit the social security number of an individual applying for a credential granting access to the Security Identification Display Area to strengthen security vetting effectiveness. An applicant who does not provide such applicant's social security number may be denied such a credential. (2) Screening notice.--The Administrator shall issue requirements for airport operators to include in applications for access to a Security Identification Display Area a notice informing applicants that an employee holding a credential granting access to a Security Identification Display Area may be screened at any time while gaining access to, working in, or leaving a Security Identification Display Area. SEC. 5. SECURING AIRPORT WORKER ACCESS. (a) In General.--The Administrator shall work with airport operators and the Aviation Security Advisory Committee to identify advanced technologies, including biometric identification technologies, for securing employee access to the secured areas and sterile areas of airports. (b) Rap Back Vetting.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall ensure that all credentialed aviation worker populations currently requiring a fingerprint-based criminal record history check are continuously vetted through the Federal Bureau of Investigation's Rap Back Service, in order to more rapidly detect and mitigate insider threats to aviation security. (c) Insider Threat Education and Mitigation.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall identify means of enhancing the Administration's ability to leverage the resources of the Department of Homeland Security and the intelligence community to educate Administration personnel on insider threats to aviation security and how the Administration can better mitigate such insider threats. (d) Playbook Operations.--The Administrator shall ensure that Administration-led employee physical inspection efforts of aviation workers, known as Playbook operations, are targeted, strategic, and focused on providing the greatest level of security effectiveness. (e) Covert Testing.-- (1) In general.--The Administrator shall conduct covert testing of Administration-led employee inspection operations at airports and measure existing levels of security effectiveness. The Administrator shall provide-- (A) the results of such testing to the airport operator for the airport that is the subject of any such testing, and, as appropriate, to air carriers and foreign air carriers that operate at the airport that is the subject of such testing; and (B) recommendations and technical assistance for air carriers, foreign air carriers, and airport operators to conduct their own employee inspections, as needed. (2) Annual reporting.--The Administrator shall annually, for each of fiscal years 2018 through 2022, submit to the appropriate congressional committees a report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports. (f) Centralized Database.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the Aviation Security Advisory Committee, shall-- (1) establish a national database of individuals who have had either their airport or airport operator-issued badge revoked for failure to comply with aviation security requirements; (2) determine the appropriate reporting mechanisms for air carriers, foreign air carriers, and airport operators to-- (A) submit to the Administration data regarding individuals described in paragraph (1); and (B) access the database established pursuant to such paragraph; and (3) establish a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from such database. SEC. 6. INSIDER THREAT COORDINATION EFFORTS. The Department of Homeland Security is the lead interagency coordinator pertaining to insider threat investigations and mitigation efforts at airports. The Department shall make every practicable effort to coordinate with other relevant Government entities, as well as the security representatives of air carriers, foreign air carriers, and airport operators, as appropriate, when undertaking such investigations and efforts. SEC. 7. INFORMATION TECHNOLOGY SECURITY. Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a plan to conduct recurring reviews of the operational, technical, and management security controls for Administration information technology systems at airports. SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives April 25, 2017. Attest: KAREN L. HAAS, Clerk.

Aviation Employee Screening and Security Enhancement Act of 2017 (Sec. 3) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to conduct, and submit to Congress and the Government Accountability Office (GAO), a cost and feasibility study of a statistically significant number of Category I, II, III, IV, and X airports assessing the impact if all airport employee access points from non-secured to secured airport areas are comprised of the following: a secure door utilizing card and pin entry or biometric technology; surveillance video recording capable of storing video data for at least 30 days; certain advanced screening technologies, including magnetometers, explosives detection canines, explosives trace detection swabbing, advanced imaging technology, and X-ray bag screening technology; and information related to employee screening costs of such airports that have already implemented practices of screening 100% of employees accessing secured areas. The GAO shall assess the completed study and report the results to Congress. (Sec. 4) The TSA shall: work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed airport employees, and the TSA's Aviation Security Advisory Committee to enhance security awareness of credentialed airport workers regarding insider threats to aviation security and best practices related to airport access controls; assess credentialing standards, policies, and practices to ensure that insider threats to aviation security are adequately addressed; require airport operators to submit the social security number of an individual applying for a credential granting access to the Security Identification Display Area of an airport to strengthen security vetting effectiveness; and issue requirements for airport operators to include in applications for access to such area a notice that an employee holding a credential granting such access may be screened at any time while entering, working in, or leaving the area. (Sec. 5) The TSA shall also: work with airport operators and the TSA Advisory Committee to identify advanced technologies for securing employee access to secured and sterile airport areas; ensure that credentialed aviation worker populations currently requiring a fingerprint-based criminal record history check are continuously vetted through the Federal Bureau of Investigation's Rap Back Service to mitigate insider threats; identify ways to enhance TSA's ability to educate its personnel on insider threats to aviation security and on how to mitigate such threats; ensure that TSA employee physical inspection efforts of aviation workers (Playbook operations) are focused on providing the greatest level of security effectiveness; conduct covert testing of TSA employee screening operations at airports; report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports; and establish a national database of individuals who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation security requirements, as well a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from it. (Sec. 6) The DHS is the lead interagency coordinator to insider threat investigations and mitigation efforts at airports. (Sec. 7) The TSA shall submit a plan to conduct recurring reviews of the operational security controls for TSA information technology systems at airports.

Aviation Employee Screening and Security Enhancement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montana Mineral Conveyance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) under section 503(a)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1617), the Secretary of the Interior has conveyed mineral rights in certain very large tracts of coal to the State of Montana, the tracts of which lie as near as 3 or 4 miles east of the Northern Cheyenne Indian Reservation; (2) development of the coal tracts and other existing and proposed major developments of Federal, State, and private energy resources in areas surrounding the Northern Cheyenne Indian Reservation yield substantial public revenues to the State (including political subdivisions of the State), thereby assisting the State (including political subdivisions of the State) in addressing the impacts of the development; (3) although the Northern Cheyenne tribal community chronically suffers harsh economic conditions and severe deficits in public services and facilities, the community does not share in any significant portion of the public revenues generated by surrounding energy development; (4) the Northern Cheyenne Tribe has few, if any, sources of revenue available to address development impacts; (5) in 2002, the Tribe brought suit against the Secretary, asserting that the proposed conveyances of the extensive Federal coal tracts to the State under the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1543) would violate-- (A) several Federal laws (including regulations); and (B) the Federal trust responsibility to the Tribe; (6) subsequently, the Tribe withdrew the suit described in paragraph (5) with prejudice, based in substantial part on commitments that legislation substantially in the form of this Act (and further legislation providing funding to the Tribe to address the impacts of coal development in areas adjoining the Reservation) would be introduced and pursued with support from the State, Great Northern Properties, and others; (7) the Tribe asserts that the Tribe retains claims against the United States arising from the failure of the United States to acquire mineral rights underlying approximately 5,000 acres of Reservation land when the Reservation, at the direction of Congress, was expanded eastward to the Tongue River in 1900, the mineral rights of which, as of the date of enactment of this Act, are owned by Great Northern Properties; and (8) if the conveyances of mineral rights are carried out under this Act, the Tribe will waive all legal claims against the United States arising from the longstanding and continuing loss of the Tribe of mineral rights relating to the Reservation land. SEC. 3. DEFINITIONS. In this Act: (1) Cheyenne tracts.--The term ``Cheyenne tracts'' means the aggregate tract of land that-- (A) is located in the eastern portion of the State within the boundaries of the Reservation; (B) comprises approximately 5,000 acres; (C) is generally depicted on the map entitled ``Cheyenne Coal Land Conveyance'' and dated April 7, 2010; and (D) is comprised of land located in-- (i) T. 2 S., R. 44 E., sec. 17; (ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; (iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and S\1/2\N\1/2\, Lots 1-4; (iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and E\1/2\W\1/2\, Lots 1-4; (v) T. 3 S., R. 44 E., sec. 9, N\1/2\, SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4; (vi) T. 3 S., R. 44 E., sec. 17; (vii) T. 3 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; and (viii) T. 3 S., R. 44 E., sec. 21, N\1/2\, SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2. (2) Federal tracts.--The term ``Federal tracts'' means the unleased tracts of land that-- (A) are located in the State; (B) are located outside of the boundaries of the Reservation; (C) consist of approximately 5,000 acres; (D) are generally depicted on the map entitled ``Federal Coal Land Conveyance'' and dated March 18, 2011; and (E) are comprised of land located in-- (i) T. 3 S., R. 44 E., sec. 26, S\1/2\; (ii) T. 3 S., R. 44 E., sec. 34; (iii) T. 3 S., R. 45 E., sec. 30, E\1/ 2\SW\1/4\ and SE\1/4\, Lots 1-4; (iv) T. 4 S., R. 44 E., sec. 2, S\1/2\N\1/ 2\ and S\1/2\, Lots 1-4; (v) T. 6 N., R. 27 E., sec. 4, S\1/2\N\1/2\ and S\1/2\, Lots 1-4; (vi) T. 6 N., R. 27 E., sec. 8; (vii) T. 6 N., R. 27 E., sec. 10; (viii) T. 6 N., R. 27 E., sec. 14; and (ix) T. 6 N., R. 27 E., sec. 22. (3) Great northern properties.--The term ``Great Northern Properties'' means-- (A) the Great Northern Properties Limited Partnership, which is a Delaware limited partnership; and (B) any successor to the ownership interest of Great Northern Properties in any coal or iron that underlies the Cheyenne tracts. (4) Reservation.--The term ``Reservation'' means the Northern Cheyenne Reservation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Montana. (7) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 4. MINERAL RIGHTS CONVEYANCES. (a) In General.--Notwithstanding any other Federal law (including regulations) that otherwise applies to the conveyance of any Federal coal right, title, or interest, if Great Northern Properties conveys to the Tribe all mineral interests of Great Northern Properties underlying the Cheyenne tracts in accordance with this Act, the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal underlying the Federal tracts. (b) Immunities.--The mineral interests underlying the Cheyenne tracts conveyed to the Tribe under subsection (a) shall not be subject to taxation by the State (including any political subdivision of the State). SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEYANCES. (a) Waiver of Legal Claims.--In return for the mineral conveyances under section 4(a), the Tribe shall waive any and all claims arising from the continuing failure of the United States to acquire in trust for the Tribe as part of the Reservation the mineral rights underlying approximately 5,000 acres of Reservation land (the Cheyenne Tracts) as directed by Congress in 1900. (b) Condition.--As a condition of the mineral conveyances by the Secretary under section 4(a), the Tribe and Great Northern Properties shall jointly notify the Secretary in writing that the Tribe and Great Northern Properties have agreed on a formula for the sharing of revenue from coal produced from any portion of the Federal tracts. (c) Completion of Mineral Conveyances.--Notwithstanding any other Federal law (including regulations) that otherwise applies to the conveyance of any Federal coal right, title, or interest, after satisfaction of the condition described in subsection (b) and not later than 90 days after the date on which the Secretary receives written notification under subsection (b), the mineral conveyances under section 4(a) shall be completed in a single transaction. (d) Rescission of Mineral Conveyances.-- (1) In general.--If any portion of the mineral conveyances under section 4(a) is invalidated by a Federal district court, and the judgment of the Federal district court is not vacated or reversed on appeal, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under section 4(a). (2) Effect.--If the Secretary or Great Northern Properties carries out a rescission under paragraph (1), the waiver of the Tribe under subsection (a) shall be considered to be rescinded. SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. No benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of-- (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe.

Montana Mineral Conveyance Act - (Sec. 4) Requires the Secretary of the Interior, if Great Northern Properties Limited Partnership (the Great Northern Properties) conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified aggregate tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States in and to the coal underlying specified unleased federal tracts in Montana outside of the Tribe's reservation. Prohibits the mineral interests underlying the Cheyenne tracts conveyed to the Tribe from being subject to taxation by the state of Montana. (Sec. 5) Requires the Northern Cheyenne Tribe to waive all legal claims arising from the continuing failure of the United States to acquire for the Tribe the mineral rights underlying the Cheyenne tracts as part of the Tribe's reservation as directed by Congress in 1900. Instructs the Northern Cheyenne Tribe and Great Northern Properties to jointly notify the Secretary in writing when they have agreed on a formula for the sharing of revenue from the coal produced from the federal tracts. Requires, after such condition is satisfied and within 90 days of the Secretary receiving such written notification, the completion of the mineral conveyances under this Act in a single transaction. Allows the Secretary or Great Northern Properties, if any part of such conveyances is invalidated by a federal district court and the court's judgment is not vacated or reversed on appeal, to rescind each such conveyance. Requires, if such a rescission is carried out, the Tribe's waiver to be considered as being rescinded. (Sec. 6) Specifies this Act's effect on the eligibility of the Tribe or its members to receive other federal benefits or services.

To authorize the conveyance of mineral rights by the Secretary of the Interior in the State of Montana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Removal of Terminated Providers from Medicaid and CHIP Act''. SEC. 2. INCREASING OVERSIGHT OF TERMINATION OF MEDICAID PROVIDERS. (a) Increased Oversight and Reporting.-- (1) State reporting requirements.--Section 1902(kk) of the Social Security Act (42 U.S.C. 1396a(kk)) is amended-- (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7) the following new paragraph: ``(8) Provider terminations.-- ``(A) In general.--Beginning on July 1, 2018, in the case of a notification under subsection (a)(41) with respect to a termination for a reason specified in section 455.101 of title 42, Code of Federal Regulations (as in effect on November 1, 2015), or for any other reason specified by the Secretary, of the participation of a provider of services or any other person under the State plan, the State, not later than 21 business days after the effective date of such termination, submits to the Secretary with respect to any such provider or person, as appropriate-- ``(i) the name of such provider or person; ``(ii) the provider type of such provider or person; ``(iii) the specialty of such provider's or person's practice; ``(iv) the date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of such provider or person; ``(v) the reason for the termination; ``(vi) a copy of the notice of termination sent to the provider or person; ``(vii) the date on which such termination is effective, as specified in the notice; and ``(viii) any other information required by the Secretary. ``(B) Effective date defined.--For purposes of this paragraph, the term `effective date' means, with respect to a termination described in subparagraph (A), the later of-- ``(i) the date on which such termination is effective, as specified in the notice of such termination; or ``(ii) the date on which all appeal rights applicable to such termination have been exhausted or the timeline for any such appeal has expired.''. (2) Contract requirement for managed care entities.-- Section 1932(d) of the Social Security Act (42 U.S.C. 1396u- 2(d)) is amended by adding at the end the following new paragraph: ``(5) Contract requirement for managed care entities.--With respect to any contract with a managed care entity under section 1903(m) or 1905(t)(3) (as applicable), no later than July 1, 2018, such contract shall include a provision that providers of services or persons terminated (as described in section 1902(kk)(8)) from participation under this title, title XVIII, or title XXI be terminated from participating under this title as a provider in any network of such entity that serves individuals eligible to receive medical assistance under this title.''. (3) Termination notification database.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(ll) Termination Notification Database.--In the case of a provider of services or any other person whose participation under this title, title XVIII, or title XXI is terminated (as described in subsection (kk)(8)), the Secretary shall, not later than 21 business days after the date on which the Secretary terminates such participation under title XVIII or is notified of such termination under subsection (a)(41) (as applicable), review such termination and, if the Secretary determines appropriate, include such termination in any database or similar system developed pursuant to section 6401(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395cc note).''. (4) No federal funds for items and services furnished by terminated providers.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (A) in subsection (i)(2)-- (i) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (ii) in subparagraph (B), by striking ``or'' at the end; and (iii) by adding at the end the following new subparagraph: ``(D) beginning not later than July 1, 2018, under the plan by any provider of services or person whose participation in the State plan is terminated (as described in section 1902(kk)(8)) after the date that is 60 days after the date on which such termination is included in the database or other system under section 1902(ll); or''; and (B) in subsection (m), by inserting after paragraph (2) the following new paragraph: ``(3) No payment shall be made under this title to a State with respect to expenditures incurred by the State for payment for services provided by a managed care entity (as defined under section 1932(a)(1)) under the State plan under this title (or under a waiver of the plan) unless the State-- ``(A) beginning on July 1, 2018, has a contract with such entity that complies with the requirement specified in section 1932(d)(5); and ``(B) beginning on January 1, 2018, complies with the requirement specified in section 1932(d)(6)(A).''. (5) Development of uniform terminology for reasons for provider termination.--Not later than July 1, 2017, the Secretary of Health and Human Services shall, in consultation with the heads of State agencies administering State Medicaid plans (or waivers of such plans), issue regulations establishing uniform terminology to be used with respect to specifying reasons under subparagraph (A)(v) of paragraph (8) of section 1902(kk) of the Social Security Act (42 U.S.C. 1396a(kk)), as amended by paragraph (1), for the termination (as described in such paragraph) of the participation of certain providers in the Medicaid program under title XIX of such Act or the Children's Health Insurance Program under title XXI of such Act. (6) Conforming amendment.--Section 1902(a)(41) of the Social Security Act (42 U.S.C. 1396a(a)(41)) is amended by striking ``provide that whenever'' and inserting ``provide, in accordance with subsection (kk)(8) (as applicable), that whenever''. (b) Increasing Availability of Medicaid Provider Information.-- (1) FFS provider enrollment.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph: ``(78) provide that, not later than January 1, 2017, in the case of a State plan that provides medical assistance on a fee- for-service basis, the State shall require each provider furnishing items and services to individuals eligible to receive medical assistance under such plan to enroll with the State agency and provide to the State agency the provider's identifying information, including the name, specialty, date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of the provider;''. (2) Managed care provider enrollment.--Section 1932(d) of the Social Security Act (42 U.S.C. 1396u-2(d)), as amended by subsection (a)(2), is amended by adding at the end the following new paragraph: ``(6) Enrollment of participating providers.-- ``(A) In general.--Beginning not later than January 1, 2018, a State shall require that, in order to participate as a provider in the network of a managed care entity that provides services to, or orders, prescribes, refers, or certifies eligibility for services for, individuals who are eligible for medical assistance under the State plan under this title and who are enrolled with the entity, the provider is enrolled with the State agency administering the State plan under this title. Such enrollment shall include providing to the State agency the provider's identifying information, including the name, specialty, date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of the provider. ``(B) Rule of construction.--Nothing in subparagraph (A) shall be construed as requiring a provider described in such subparagraph to provide services to individuals who are not enrolled with a managed care entity under this title.''. (c) Coordination With CHIP.-- (1) In general.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (A) by redesignating subparagraphs (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), and (O) as subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (O), (P), (Q), and (R), respectively; (B) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Section 1902(a)(39) (relating to termination of participation of certain providers). ``(C) Section 1902(a)(78) (relating to enrollment of providers participating in State plans providing medical assistance on a fee-for-service basis).''; (C) by inserting after subparagraph (K) (as redesignated by subparagraph (A)) the following new subparagraph: ``(L) Section 1903(m)(3) (relating to limitation on payment with respect to managed care).''; and (D) in subparagraph (P) (as redesignated by subparagraph (A)), by striking ``(a)(2)(C) and (h)'' and inserting ``(a)(2)(C) (relating to Indian enrollment), (d)(5) (relating to contract requirement for managed care entities), (d)(6) (relating to enrollment of providers participating with a managed care entity), and (h) (relating to special rules with respect to Indian enrollees, Indian health care providers, and Indian managed care entities)''. (2) Excluding from medicaid providers excluded from chip.-- Section 1902(a)(39) of the Social Security Act (42 U.S.C. 1396a(a)(39)) is amended by striking ``title XVIII or any other State plan under this title'' and inserting ``title XVIII, any other State plan under this title, or any State child health plan under title XXI''. (d) Rule of Construction.--Nothing in this section shall be construed as changing or limiting the appeal rights of providers or the process for appeals of States under the Social Security Act. (e) OIG Report.--Not later than March 31, 2020, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the implementation of the amendments made by this section. Such report shall include the following: (1) An assessment of the extent to which providers who are included under subsection (ll) of section 1902 of the Social Security Act (42 U.S.C. 1396a) (as added by subsection (a)(3)) in the database or similar system referred to in such subsection are terminated (as described in subsection (kk)(8) of such section, as added by subsection (a)(1)) from participation in all State plans under title XIX of such Act. (2) Information on the amount of Federal financial participation paid to States under section 1903 of such Act in violation of the limitation on such payment specified in subsections (i)(2)(D) and (m)(3) of such section, as added by subsection (a)(4). (3) An assessment of the extent to which contracts with managed care entities under title XIX of such Act comply with the requirement specified in section 1932(d)(5) of such Act, as added by subsection (a)(2). (4) An assessment of the extent to which providers have been enrolled under section 1902(a)(78) or 1932(d)(6)(A) of such Act (42 U.S.C. 1396a(a)(78), 1396u-2(d)(6)(A)) with State agencies administering State plans under title XIX of such Act.

Ensuring Removal of Terminated Providers from Medicaid and CHIP Act This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to prohibit federal payment under Medicaid for nonemergency services furnished by providers whose participation in Medicaid, Medicare, or CHIP has been terminated. Under current law, a state must exclude from Medicaid participation any provider that has been terminated under any state's Medicaid program or under Medicare. The bill maintains those requirements and further requires a state to exclude from Medicaid participation any provider that has been terminated under CHIP. Furthermore, a state must exclude from CHIP participation any provider that has been terminated under Medicaid or Medicare. The bill also revises a state's reporting requirements with respect to terminating a provider under a state plan. A state shall require each Medicaid or CHIP provider, whether the provider participates on a fee-for-service (FFS) basis or within the network of a managed care organization (MCO), to enroll with the state by providing specified identifying information. When notifying the Department of Health and Human Services (HHS) that a provider has been terminated under a state plan, the state must submit this information as well as information regarding the termination date and reason. HHS shall review such termination notifications and, if appropriate, include them in a database or similar system, as specified by the bill. The bill prohibits federal payment under a state's Medicaid or CHIP program for services provided by an MCO unless: (1) the state has a system for notifying MCOs when a provider is terminated under Medicaid, Medicare, or CHIP; and (2) any contract between the state plan and an MCO provides that such providers be excluded from participation in the MCO provider network.

Ensuring Removal of Terminated Providers from Medicaidand CHIP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Care for All Veterans Act''. SEC. 2. REVISION TO MEDICAL CARE FUNDING ALLOCATION FORMULA FOR DEPARTMENT OF VETERANS AFFAIRS. (a) Modification to VERA Formula.--The funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation (VERA) system, established pursuant to section 429 of Public Law 104-204 (110 Stat. 2929), shall be modified by the Secretary of Veterans Affairs in accordance with this section. Such modifications shall provide for the incorporation of regional differences in the cost of providing health care to veterans (due to different regional cost of living, long travel distance, and other appropriate factors) as part of the criteria used to determine the national means differential used in the existing system. (b) Evaluation.--At the end of the second fiscal year beginning after the date of the enactment of this Act, the Secretary of Veterans Affairs shall evaluate the effects of the modifications implemented pursuant to subsection (a) on the regional allocation of funds available to the Department of Veterans Affairs for health care. The Secretary shall submit to Congress not later than 60 days after the end of such fiscal year the determination of the Secretary as to whether those modifications have resulted in a substantive shift in the funding allocations among the different service regions of the Veterans Health Administration compared to the allocations before such modifications. (c) Contingent Termination of VERA Formula.--If in the report submitted pursuant to subsection (b) the Secretary of Veterans Affairs determines that the modifications have not resulted in a substantive shift in the funding allocations described in that subsection, the Secretary shall immediately terminate use of the Veterans Equitable Resource Allocation system for the regional allocation of funds available to the Department of Veterans Affairs for health care. SEC. 3. STANDBY ALTERNATIVE SYSTEM. (a) Development of Replacement Formula.--If pursuant to section 2(c) the Secretary of Veterans Affairs is required to terminate the use of the Veterans Equitable Resource Allocation system, the Secretary shall develop a new formula for the allocation of funds appropriated to the Department of Veterans Affairs for Medical Care to the national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department. In developing such formula, the Secretary shall take the following requirements into account: (1) For any fiscal year for which the amount appropriated for Medical Care is an increase from the preceding year, the funding level provided under the new formula to any VISN may not be less than the amount provided for the preceding year. (2) The new formula shall take into account additional costs incurred by a VISN due to any of the following factors at that VISN being in excess of the median for all VISNs: (A) The number of veterans moving into the geographic area of that VISN. (B) The median age of veterans in that VISN. (C) The number of veterans in that VISN requiring complex care or nursing home care. (D) The age of Department of Veterans Affairs health care facilities in that VISN. (b) Transition Formula.--Until a replacement funding allocation formula is implemented pursuant to subsection (a), the funding allocation formula to be applied by the Secretary to amounts appropriated for veterans medical care shall be the formula in effect before the Veterans Equitable Resource Allocation system. SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS. (a) Authorization for Replacement Allocation Formula.--There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2002 the amount of $10,000,000 for purposes of this Act. (b) Additional ``Medical Care'' Authorizations.--There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2002 the amount of $100,000,000 for ``Medical Care'' for the Department of Veterans Affairs. Such amount is in addition to any other amount authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2002 and shall be allocated by the Secretary to the national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department of Veterans Affairs on the basis of need, as follows: (1) First, to the VISN that has experienced the greatest reduction in funding from the funding levels for fiscal year 1997. (2) Second, to any other VISN that has experienced an overall five-year funding decrease. (3) Third, if any amount appropriated pursuant to such authorization remains after allocations pursuant to paragraphs (1) and (2), such amount shall be allocated equally among the remaining 22 VISNs before implementation of the new formula.

Equitable Care for All Veterans Act - Requires the Secretary of Veterans Affairs to modify the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Resource Allocation (VERA) system to provide for the incorporation of regional differences in the cost of providing health care to veterans as part of the criteria used to determine the national means differential used. Directs the Secretary to evaluate the effects of such modifications on the regional allocation of funds available to the Department of Veterans Affairs for health care and, if the modifications do not result in a substantive shift in such allocations, to terminate VERA.Directs the Secretary, if required to terminate VERA, to develop a new formula for the allocation of funds to the Department's national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs.Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions.

To require the Secretary of Veterans Affairs to modify the formula, known as the Veterans Equitable Resource Allocation (VERA) system, for the allocation of funds appropriated to the Department of Veterans Affairs for medical care to different geographic regions of the Nation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Act to Improve the American Diet''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Surgeon General of the Public Health Service has stated that dietary patterns with excessive intake of foods high in fat (especially saturated fat), calories, cholesterol and sodium, contribute to the high rates of chronic diseases among Americans. Reversing such dietary patterns should decrease the incidence of these chronic diseases. (2) Currently, diet plays a major role in the development of 4 of the top 7 diseases that are killers in the United States: heart disease, cancer, stroke, and diabetes. (3) According to the Department of Health and Human Services, America's poor diet and sedentary lifestyle contribute to 300,000 to 580,000 deaths each year. (4) To make significant strides toward improving the health of Americans, greater attention must be made to nutrition education. The President could provide leadership by giving a higher profile to the importance of a healthy diet. (5) Good nutrition is one of the most important factors in determining long-term health. (6) Improvements in the diet of Americans can reduce the health care cost of treating dietary-related diseases and produce a savings of up to $200,000,000,000. (7) The Department of Health and Human Services and the Preventive Services Task Force have recommended that health care programs for individuals of all ages should include dietary counselling. (8) Efforts must be made to identify and to remove the barriers to optimal health and nutritional status in high-risk groups, including minority and low-income population groups (using methods that take into consideration their diverse cultural, ethnic and economic backgrounds); and special attention should also be made to pregnant and lactating women, to children, and to the elderly, who have special nutritional needs. SEC. 3. COORDINATION BETWEEN FEDERAL GOVERNMENT, STATE AND LOCAL GOVERNMENTS, VOLUNTARY ORGANIZATIONS, AND PRIVATE ENTERPRISE REGARDING THE NATIONAL PROGRAM FOR A HEALTHY DIET. (a) In General.--The President shall establish a national program for diet and health in accordance with the purpose described in subsection (b). (b) Purpose of Program.--The purpose of the National Program is to help coordinate, support, and assist nutrition education activities and programs by State and local governments and by private entities, including educational institutions, voluntary organizations, civic groups, professional associations, business organizations, and other private entities. (c) Coordination Regarding Intergovernmental Relationships and Public and Private Entities.-- (1) Coordination in federal activities.--The National Program shall assess the extent to which the purpose described in subsection (b) is being carried out by the various departments and agencies of the Federal Government, and shall carry out the activities of the Program in coordination with the departments and agencies involved. (2) Intergovernmental relationships.--The National Program shall assess the nutrition education activities and programs being carried out by State and local governments and by private entities, and shall help coordinate, support, and assist the activities and programs. (d) Certain Program Activities.--The activities of the National Program shall include (but are not limited to) the following: (1) Promoting the health of Americans by facilitating and collaborating with Federal, State, local, and private strategies to encourage the American people to eat a healthy diet. (2) Initiating programs to inform the general public of the importance of a healthy diet and its link to good health and disease prevention. (3) Enlisting the active support and assistance of individual citizens, civic groups, private enterprise, voluntary organizations and others in efforts to promote and improve the health of all Americans through healthy eating habits. (4) Inviting appropriate Federal health agencies to participate in the National Program. (5) Seeking to improve the diets of children, youth, adults, minorities, senior citizens, and low-income individuals by encouraging the development of community-wellness programs and health education programs. (6) Working with State and local government to develop and implement nutrition education programs. (7) Assisting health educational agencies at all levels in developing high quality, innovative health programs which emphasize the importance of diet to good health. (8) Developing cooperative programs with medical, dental, social workers and other similar professional schools and educational associations to encourage the implementation of sound nutrition practices in medical services and education. (9) Assisting business, industry, government, and labor organizations, and other workplace organizations or groups, in developing and implementing sound nutrition programs to elevate employee health and reduce the financial and human costs resulting from a poor diet. (10) Increasing awareness among the American people about the importance of producing healthy food and of the availability of healthy food in the supermarkets, food establishments, and food programs, and to encourage food providers to provide and serve healthy meals and products. (e) Authority Regarding Non-Federal Contributions.--In carrying out activities under the National Program in a community (or other geographic area), the National Program may require that, as a condition of carrying out the Federal activities, non-Federal contributions be provided toward the costs of the activities. (f) Requirement Regarding Participation of Private Entities.--A private entity may be permitted to sponsor or otherwise participate in a particular activity of the National Program only if the entity does not promote, directly or indirectly, any health-related behavior that is inconsistent with the purpose of such activity. SEC. 4. PRESIDENT'S COUNCIL ON DIET AND HEALTH. (a) In General.--The President shall provide for the establishment and operation of a council to be known as the President's Council on Diet and Health. (b) Duties.--The Council shall provide advice to the President regarding the National Program, including advice on the extent of progress being made toward achieving the goals of the Program, and shall recommend, as necessary, actions to accelerate progress. The Council shall assist in carrying out the Program, as necessary, and provide advice and guidance to State and local public health officials, and to private entities (including educational, voluntary, and civic groups), on how to promote diet and health. (c) Composition.-- (1) In general.--The Council shall be composed of-- (A) such Federal officials or employees as the President may designate to serve as members of the Council; and (B) 20 members appointed to the Council by the President from among individuals who are not officers or employees of the Federal Government and who possess appropriate expertise or experience regarding nutrition and health. (2) Certain requirements.--Of the members of the Council appointed under paragraph (1)(B)-- (A) not fewer than 3 shall be individuals representing a national organization concerned with nutrition and health; and (B) not fewer than 7 shall be individuals who possess professional credentials demonstrating particular expertise regarding food, nutrition, or health, of which 3 individuals shall be knowledgeable on nutrition and health among low-income populations or among one or more racial or ethnic minority groups. (d) Chair.--The President shall designate an individual or individuals who are not officers or employees of the Federal Government to serve as the chair or chairs of the Council. A Chair shall serve at the pleasure of the President. The President shall seek to ensure that the Chair of the Council is an individual who is well-known by the public and who will be an appropriate advocate among the public with respect to obtaining the goals of the National Program. (e) Terms.--Each of the members of the Council appointed under paragraph (1)(B) shall be appointed for a term of 4 years, except that up to half of the initial appointments, when the Council is first created, may be for 2 years, and may upon the expiration of a term be reappointed by the President. A member of the Council may continue to serve after the expiration of his or her term until a successor is appointed. The President may at any time terminate the membership on the Council of any individual for cause. (f) Vacancies.--A vacancy in the membership of the Council does not affect the power of the remaining members to execute the duties of the Council. (g) Meetings.--The Council shall meet not less than once each fiscal year. (h) Compensation and Reimbursement of Expenses.--Members of the Council may not receive compensation for service on the Council. The members may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Council. (i) Staff; Administrative Support.-- (1) In general.--The President shall furnish the Council with such staff, quarters, supplies, facilities, and other administrative support as may be necessary to carry out the duties of the Council and assist in carrying out the National Program. (2) Executive director.--To carry out the National Program, the President shall appoint an executive director for the Council, who shall serve until a new one is appointed. (j) Seal of Program.--The President shall provide for the development and use of a seal for the National Program. (k) Termination.--For purposes of section 14(a)(2)(B) of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law after the date of the enactment of this Act. SEC. 5. GENERAL PROVISIONS. (a) Requests for Federal Information and Assistance.--The National Program and the Council may upon request receive from Federal agencies such information and other assistance as may otherwise be permitted by law, subject to the availability of funds to comply with the request. (b) Definitions.--For purposes of this Act: (1) The term ``Council'' means the council established under section 4(a). (2) The term ``National Program'' means the program established under section 3(a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other authorizations of appropriations that are available for the purpose of carrying out this Act, there are authorized to be appropriated to the National Program and the Council for such purpose $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $1,000,000 for fiscal year 1997 and each subsequent fiscal year.

Act to Improve the American Diet - Directs the President to establish a national program for diet and health through the coordination of activities between the Federal Government, State and local governments, voluntary organizations, and private entities. Requires the establishment of the President's Council on Diet and Health to advise the President on the national program. Authorizes appropriations.

Act to Improve the American Diet

SECTION 1. SHORT TITLE. This Act may be cited as the ``Piracy Deterrence and Education Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Internet, while changing the way our society communicates, has also changed the nature of many crimes, including the theft of intellectual property. (2) Trafficking in copyrighted works through increasingly sophisticated electronic means, including peer-to-peer file trading networks, Internet chat rooms, and newsgroups, threatens lost jobs, lost income for creators, lower tax revenue, and higher prices for honest purchasers. (3) The most popular peer-to-peer file trading software programs have been downloaded by computer users over 200,000,000 times. At any one time there are over 3,000,000 users simultaneously using just one of these services. Each month, on average, over 2,300,000,000 digital-media files are transferred among users of peer-to-peer systems. (4) Many computer users either do not know that copyright laws apply to Internet activity or simply believe that they will not be caught or prosecuted for their conduct. (5) In addition, many of the computer users drawn to the convenience of peer-to-peer systems do not realize that these systems pose serious security and privacy threats to their personal computers or company networks. Recent studies reveal that the majority of the users of these systems are unable to tell what files they are sharing and sometimes incorrectly assume they were not sharing any files when in fact they were sharing all files on their hard drive. (6) The security and privacy threats posed by peer-to-peer networks extend beyond users inadvertently enabling a hacker to access files. Millions of copies of one of the most popular peer-to-peer networks contain software that could allow an independent company to take over portions of users' computers and Internet connections and has the capacity to keep track of users' online habits. (7) In light of these considerations, it is important that Federal law enforcement agencies actively pursue criminals who steal the copyrighted works of others, and prevent such activity through enforcement and awareness. It is also important that the public be educated about the security and privacy risks associated with being connected to an unauthorized peer-to-peer network. (8) In addition, the Bureau of Customs and Border Protection of the Department of Homeland Security has the authority to act against infringements of copyrighted works, including those works protected under the Berne Convention and the Agreement on Trade Related Aspects of Intellectual Property of the World Trade Organization. Under United States law, merchandise can be seized by or forfeited to the Bureau of Customs and Border Protection if ``it is merchandise or packaging in which copyright, trademark, or trade name protection violations are involved'' (section 596(c)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)(C)). (9) Though the regulations of the Bureau of Customs and Border Protection (section 133.31 of title 19, Code of Federal Regulations) provide that registered copyrighted works may be recorded with the Bureau for ``import protection,'' recordation is not explicitly required before infringing merchandise can be seized or forfeited. Notwithstanding present legal authority, there have been concerns raised about the authority of the Bureau of Customs and Border Protection to seize infringing copyrighted materials that have neither been registered with the United States Copyright Office or recorded with the Bureau. (10) Neither United States nor foreign works require registration with the Copyright Office for protection of the copyright in those works. United States works require registration only before an action for infringement is brought under title 17, United States Code. A foreign work need not be registered to bring such an action for infringement, and none of the rights contained in title 17, United States Code, including the right to control distribution in section 106 of that title or importation under section 602 of that title, are contingent upon registration. In accordance with the international obligations of the United States barring the use of formalities, United States law gives foreign copyright owners direct access to United States courts and procedures without resort to any registration requirement, and section 603 of title 17, United States Code, directs the Secretary of the Treasury and the United States Postal Service to separately or jointly make regulations for the enforcement of the provisions of title 17, United States Code, prohibiting importation. (11) Notwithstanding the preceding provisions of this section, the Bureau of Customs and Border Protection has been unclear about its legal authority to seize infringing copyrighted materials that have neither been registered with the Copyright Office nor recorded with the Bureau. To provide clarity, it is necessary to specify the authority of the Bureau of Customs and Border Protection to seize infringing materials protected by the copyright laws, with or without registration or recordation. SEC. 3. DETERRENCE AND COORDINATION. The Director of the Federal Bureau of Investigation shall-- (1) develop a program to deter members of the public from committing acts of copyright infringement by-- (A) offering on the Internet copies of copyrighted works, or (B) making copies of copyrighted works from the Internet, without the authorization of the copyright owners; and (2) facilitate the sharing among law enforcement agencies, Internet service providers, and copyright owners of information concerning activities described in subparagraphs (A) and (B) of paragraph (1). The program under paragraph (1) shall include issuing appropriate warnings to individuals engaged in an activity described in subparagraph (A) or (B) of paragraph (1) that they may be subject to criminal prosecution. SEC. 4. DESIGNATION AND TRAINING OF AGENTS IN COMPUTER HACKING AND INTELLECTUAL PROPERTY UNITS. (a) Designation of Agents in CHIPs Units.--The Attorney General shall ensure that any unit in the Department of Justice responsible for investigating computer hacking or responsible for investigating intellectual property crimes is assigned at least one agent to support such unit for the purpose of investigating crimes relating to the theft of intellectual property. (b) Training.--The Attorney General shall ensure that each agent assigned under subsection (a) has received training in the investigation and enforcement of intellectual property crimes. SEC. 5. EDUCATION PROGRAM. (a) Establishment.--There shall be established within the Office of the Associate Attorney General of the United States an Internet Use Education Program. (b) Purpose.--The purpose of the Internet Use Education Program shall be to-- (1) educate the general public concerning the value of copyrighted works and the effects of the theft of such works on those who create them; (2) educate the general public concerning the privacy, security, and other risks of using the Internet to obtain unauthorized copies of copyrighted works; (3) coordinate and consult with the Department of Education on compliance by educational institutions with applicable copyright laws involving Internet use; and (4) coordinate and consult with the Department of Commerce on compliance by corporations with applicable copyright laws involving Internet use. SEC. 6. CUSTOMS RECORDATION. (a) Registration and Infringement Actions.--Section 411(a) of title 17, United States Code, is amended by inserting after the first sentence the following: ``An action for infringement of the copyright in any United States work shall not include any action brought by the Government of the United States or by any agency or instrumentality thereof.''. (b) Infringing Importation.--Section 602(a) of title 17, United States Code, is amended by inserting before the period at the end of the first sentence the following: ``, regardless of whether that work has been registered with the Copyright Office or recorded with the Bureau of Customs and Border Protection of the Department of Homeland Security''. (c) Importation Prohibitions.--Section 603(a) of title 17, United States Code, is amended by inserting before the period the following: ``of copies or phonorecords of a work protected under this title, regardless of whether that work has been registered with the Copyright Office or recorded with the Bureau of Customs and Border Protection of the Department of Homeland Security''. SEC. 7. INFRINGEMENT WARNING NOTICE. The Attorney General shall, within 3 months after the date of the enactment of this Act, set forth criteria under which copyright owners designated by the Attorney General will be able to use the seal of the Federal Bureau of Investigation for deterrent purposes in connection with physical and digital copies and phonorecords and digital transmission of their works of authorship.

Piracy Deterrence and Education Act of 2003 - Directs the Director of the Federal Bureau of Investigation (FBI) to: (1) develop a program (including suitable warnings) to deter members of the public from committing acts of copyright infringement by offering on the Internet copies of copyrighted works, or making copies of copyrighted works from the Internet, without the authorization of the copyright owners; and (2) facilitate the sharing among law enforcement agencies, Internet service providers, and copyright owners of information concerning such activities. Requires the Attorney General to ensure that: (1) any unit in the Department of Justice responsible for investigating computer hacking or responsible for investigating intellectual property crimes is assigned at least one agent to support such unit for the purpose of investigating crimes relating to the theft of intellectual property; and (2) each agent so assigned has received training in the investigation and enforcement of intellectual property crimes. Establishes within the Office of the Associate Attorney General of the United States an Internet Use Education Program. Amends Federal copyright law to make importation into the United States without the copyright owner's authorization of copies and phonorecords of a work that have been acquired outside the United State an infringement of the exclusive right to distribute such copies or phonorecords, regardless of whether that work has been registered with the Copyright Office or recorded with the Bureau of Customs and Border Protection (BCBP) of the Department of Homeland Security. Authorizes the Secretary of the Treasury and the U.S. Postal Service to make regulations prohibiting such importations regardless of registration with the Copyright Office or recordation with the BCBP. Directs the Attorney General to set forth criteria under which copyright owners designated by the Attorney General will be able to use the FBI seal for deterrent purposes in connection with physical and digital copies and phonorecords and digital transmission of their works of authorship.

To enhance criminal enforcement of the copyright laws, educate the public about the application of copyright law to the Internet, and clarify the authority to seize unauthorized copyrighted works.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Security Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1949, the close relationship between the United States and Taiwan has been of enormous benefit to both parties. (2) The security of Taiwan and its democracy are key elements for the continued peace and stability of the greater Asia-Pacific region, and the indefinite continuation of that security is in the vital national security interests of the United States. (3) Taiwan and its diplomatic partners continue to face sustained pressure and coercion from the People's Republic of China to isolate Taiwan from the international community. (4) The military balance of power along the Taiwan Strait continues to shift in favor of the People's Republic of China, which is currently engaged in a comprehensive military modernization campaign to enhance the power-projection capabilities of the People's Liberation Army. (5) Since the United States discontinued annual arms sales talks in 2001, defense article transfers to Taiwan have ceased to occur in a routine manner. (6) Recent delays, denials, and reductions of arms sales do not optimize the ability of Taiwan to defend its democracy against potential aggression from the People's Republic of China. SEC. 3. MILITARY EXCHANGES BETWEEN THE UNITED STATES AND TAIWAN. (a) Military Exchanges Between Senior Officers and Officials of the United States and Taiwan.--The Secretary of Defense shall carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan designed to improve military to military relations between the United States and Taiwan. (b) Exchanges Described.--For the purposes of this section, an exchange is an activity, exercise, event, or observation opportunity between members of the Armed Forces and officials of the Department of Defense, on the one hand, and armed forces personnel and officials of Taiwan, on the other hand. (c) Focus of Exchanges.--The exchanges under the program required by subsection (a) should include exchanges focused on the following: (1) Threat analysis. (2) Military doctrine. (3) Force planning. (4) Logistical support. (5) Intelligence collection and analysis. (6) Operational tactics, techniques, and procedures. (7) Humanitarian assistance and disaster relief. (d) Civil-Military Affairs.--The exchanges under the program required by subsection (a) should include activities and exercises focused on civil-military relations, including relations between the military and parliament. (e) Locations of Exchanges.--The exchanges under the program required by subsection (a) should be conducted in both the United States and Taiwan. (f) Definitions.--In this section: (1) The term ``senior military officer'', with respect to the Armed Forces, means a general or flag officer of the Armed Forces on active duty. (2) The term ``senior official'', with respect to the Department of Defense, means a civilian official of the Department of Defense at the level of Assistant Secretary of Defense or above. SEC. 4. ENHANCED DIPLOMATIC CONTACTS WITH TAIWAN. (a) In General.--The Secretary of Defense and the Secretary of State are authorized and encouraged, to the extent consistent with law, to send to Taiwan for visits officials of the Department of Defense and the Department of State, as applicable, at the Assistant Secretary level or above. (b) Sense of Congress.--It is the sense of Congress that the high- level visits authorized by subsection (a) will improve bilateral and multilateral policy coordination between the United States and Taiwan, and enhance dialogue between the United States and Taiwan, to promote peace and stability in the Asia-Pacific region. SEC. 5. ARMS SALES TO TAIWAN. (a) In General.--The United States shall conduct regular transfers of defense articles to Taiwan in order to support the efforts of Taiwan to develop and integrate asymmetric capabilities, including undersea warfare and air defense capabilities, into its military forces. (b) Annual Strategic Dialogue on Sales.-- (1) In general.--The United States Government shall host senior officials of the Taiwan Ministry of National Defense for an annual strategic dialogue between the United States and Taiwan on arms sales in order to ensure the regular transfer of defense articles as described in subsection (a). (2) Element on final decision on requested transfers in annual dialogue.--Each strategic dialogue between the United States and Taiwan pursuant to this subsection shall include a presentation by United States officials to the Taiwan delegation of final decisions by the United States regarding the transfer of any defense articles requested by Taiwan within the last fiscal year, whether pursuant to the Foreign Military Sales program or the Direct Commercial Sales program. SEC. 6. INVITATION OF TAIWAN MILITARY FORCES TO PARTICIPATE IN CERTAIN JOINT MILITARY EXERCISES. The Secretary of Defense shall invite the military forces of Taiwan to participate in each of the following: (1) The 2018 Rim of the Pacific Exercise (RIMPAC). (2) One of the military exercises known as the ``Red Flag'' exercise, conducted at Eielson Air Force Base, Alaska, and Nellis Air Force Base, Nevada, that is conducted during the one-year period beginning on the date of the enactment of this Act. SEC. 7. NAVAL PORT OF CALL EXCHANGES BETWEEN THE UNITED STATES AND TAIWAN. The Secretary of Defense shall-- (1) reestablish regular ports of call by the United States Navy in Kaohsiung, Taiwan, or in any other suitable port or ports on the island of Taiwan; and (2) permit the United States Pacific Command to receive ports of call by the navy of the Republic of China in Hawaii, Guam, or other appropriate locations. SEC. 8. SENSE OF CONGRESS ON DEFENSE SPENDING BY TAIWAN. Congress supports the plan of Taiwan to increase its defense spending to 3 percent of gross domestic product as a necessary and prudent means for Taiwan to enhance its military readiness and to more effectively provide for the defense of its citizens. SEC. 9. SENSE OF CONGRESS ON TAIWAN AND NORTH KOREA. Congress supports the continued efforts of Taiwan to suspend all economic ties with North Korea, as well as the cooperation of Taiwan with the United States to achieve the peaceful denuclearization of North Korea.

Taiwan Security Act of 2017 This bill directs the Department of Defense (DOD) to carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan that are designed to improve military relations. Exchanges should focus on: threat analysis; military doctrine; force planning; logistical support; intelligence collection and analysis; operational tactics, techniques, and procedures; humanitarian assistance and disaster relief; and civil-military relations. Such exchanges should be conducted in the United States and Taiwan. The United States shall: (1) conduct regular transfers of defense articles to Taiwan to support its efforts to develop and integrate asymmetric capabilities into its military forces, and (2) host senior officials of the Taiwan Ministry of National Defense for an annual strategic dialogue on arms sales to ensure the regular transfer of such articles. DOD shall invite Taiwan's military forces to participate in: (1) the 2018 Rim of the Pacific Exercise; and (2) one of the Red Flag military exercises at either Eielson Air Force Base, Alaska, or Nellis Air Force Base, Nevada. DOD shall: (1) reestablish regular ports of call by the U.S. Navy in Kaohsiung, Taiwan, or in other suitable ports on Taiwan; and (2) permit the United States Pacific Command to receive ports of call by Taiwan's navy in Hawaii, Guam, or other appropriate locations.

Taiwan Security Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Automatic Reserve Component Enrollment Act of 2009''. SEC. 2. AUTOMATIC ENROLLMENT OF DEMOBILIZING MEMBERS OF THE NATIONAL GUARD AND RESERVE IN HEALTH CARE AND DENTAL CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly take appropriate actions to provide for the automatic enrollment of members of the National Guard and Reserve who are being discharged or released from active duty in the Armed Forces in the health care and dental care programs for veterans of the Department of Veterans Affairs during the participation of such members in the demobilization and discharge process used for members of the Reserve components of the Armed Forces. (b) Enrollment.-- (1) Protection of privacy.--Any enrollment activities required of members under subsection (a) shall provide appropriate protections for the privacy of such members and their personal information in accordance with applicable requirements of law. (2) Assistance.-- (A) In general.--In providing for the enrollment of members as described in subsection (a), the Secretary of Veterans Affairs shall provide members assistance in the completion of any enrollment activities required under such subsection. Such assistance shall be provided during the demobilization and discharge process of such members utilizing such personnel of the Department of Veterans Affairs, including personnel of the Veterans Health Administration and the Veterans Benefits Administration, as the Secretary shall assign for such purposes. (B) Education and outreach.--When providing assistance under subparagraph (A) to members described in subsection (a), the personnel of the Department providing such assistance shall also provide information to such members about the programs, benefits, and services of the Department for which they may be eligible, including how such members can apply for and access such programs, benefits, and services. (3) Facilities and other resources.--The Secretary of Defense shall ensure that the facilities and other resources (including space and computer facilities) for the demobilization and discharge process used for members of Reserve components of the Armed Forces include adequate facilities and resources for the performance by members of any enrollment activities required under subsection (a) and any assistance in the performance of such activities under paragraph (2). (c) Construction.--Nothing in this section shall be construed to require a member of a Reserve component of the Armed Forces to participate in any health care or dental care program or use any service of the Department of Veterans Affairs. (d) Reports.-- (1) In general.--Not later than one year after the date of the enactment of this Act and each year thereafter for five years, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit a report on the implementation of the requirements of this section to-- (A) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives. (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the activities undertaken by the Secretary of Defense and the Secretary of Veterans Affairs to carry out the requirements of this section. (B) An assessment of the effect of such activities on-- (i) the enrollment of members of the Reserve components of the Armed Forces in health care and dental care programs for veterans of the Department of Veterans Affairs; and (ii) the participation of such members in such programs. (C) An assessment of the potential budgetary impact and demand for services that actions taken under subsection (a) may have on the Department of Veterans Affairs and any need for additional staff or resources to meet that demand. (D) Such recommendations for legislative or administrative action as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate in order to improve or enhance the requirements of this section so as to further facilitate the enrollment of members of the Reserve components of the Armed Forces in health care and dental care programs for veterans of the Department of Veterans Affairs. (E) Such other matters with respect to the requirements of this section as Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate. (e) Enrollment Defined.--In this section, the term ``enrollment'' means, with respect to enrolling a member of a Reserve component of the Armed Forces in a health care or dental care program for veterans of the Department of Veterans Affairs, collecting and recording appropriate information about such member in the record keeping system of the Department of Veterans Affairs to facilitate participation of such member in such program if such member elects such participation and is eligible for such participation.

Automatic Reserve Component Enrollment Act of 2009 - Directs the Secretaries of Defense and Veterans Affairs to jointly provide for the enrollment of members of the National Guard and reserve being discharged or released from active duty in the health and dental care programs for veterans of the Department of Veterans Affairs (VA) during their participation in the demobilization and discharge process. Requires for such members: (1) the protection of privacy and personal information; (2) appropriate assistance in the completion of enrollment activities; and (3) education and outreach about the VA programs, benefits, and services for which they may be eligible.

A bill to provide for the automatic enrollment of demobilizing members of the National Guard and Reserve in health care and dental care programs of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abducted Young Adults Act''. SEC. 2. FINDINGS IN REGARD TO VULNERABLE INVOLUNTARILY MISSING YOUNG ADULTS. (a) Conforming Amendments.--Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended-- (1) in paragraph (2), by inserting after ``these children'' the following: ``and involuntarily missing young adults''; (2) in paragraph (3), by inserting after ``these children'' the following: ``and involuntarily missing young adults''; (3) in paragraph (4), by inserting after ``many missing children'' the following: ``and involuntarily missing young adults''; (4) in paragraph (6), by inserting after ``abducted children'' the following: ``and involuntarily missing young adults''; and (5) in paragraph (7)-- (A) by inserting after ``leads in missing children'' the following: ``and involuntarily missing young adults''; and (B) by inserting after ``where the child'' the following: ``or involuntarily missing young adult''. (b) Additional Findings.--Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended by-- (1) redesignating paragraphs (2) through (21) as paragraphs (3) through (22), respectively; and (2) inserting after paragraph (1) the following: ``(2) each year many young adults are abducted or are involuntarily missing under circumstances which immediately place them in grave danger;''. SEC. 3. EXPANSION OF PURPOSE OF NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN. Section 403 of the Missing Children's Assistance Act (42 U.S.C. 5772) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by adding after paragraph (1) the following: ``(2) the term `involuntarily missing young adult' means any individual who is at least 18 but has not attained the age of 22 whose whereabouts are unknown to such individual's parent or guardian if law enforcement determines-- ``(A) there is a reasonable indication or suspicion that the individual has been abducted or is missing under circumstances suggesting foul play or a threat to life; or ``(B) the individual is known to be suicidal or has a severe medical condition that poses a threat to his or her life; ``(3) the term `young adult' means any individual who is at least 18 but has not attained the age of 22;''. SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR IN REGARD TO INVOLUNTARILY MISSING YOUNG ADULTS. Section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting after ``missing children'' the following: ``and involuntarily missing young adults''; (B) in paragraph (5)(A), by inserting after ``missing children'' the following: ``and involuntarily missing young adults''; (C) in paragraph (5)(B), by inserting after ``missing children'' the following: ``and involuntarily missing young adults''; (D) in paragraph (5)(C), by-- (i) inserting after ``missing children'' the following: ``or involuntarily missing young adults''; and (ii) inserting after ``or to children'' the following: ``or involuntarily missing young adults''; and (E) in paragraph (5)(I)(iv), by inserting after ``missing children'' the following: ``and involuntarily missing young adults''; (2) in subsection (b)(1)-- (A) in subparagraph (A)(i), by-- (i) inserting after ``regarding the location of any'' the following: ``involuntarily missing young adult or''; and (ii) inserting after ``reunite such child with such child's legal custodian'' the following: ``, or request information pertaining to procedures necessary to notify law enforcement about such involuntarily missing young adult''; (B) in subparagraph (C)(i), by inserting after ``children and their families'' the following: ``and involuntarily missing young adults and their families''; (C) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; (D) by inserting after subparagraph (D) the following: ``(E) to coordinate public and private programs which locate or recover involuntarily missing young adults;''; (E) in subparagraph (F), as redesignated, by inserting after ``missing and exploited children'' the following: ``and involuntarily missing young adults;''; (F) in subparagraph (G), as redesignated by inserting after ``missing and exploited children'' the following: ``and involuntarily missing young adults''; and (G) in subparagraph (H), as redesignated, by inserting after ``missing and exploited children'' the following: ``and involuntarily missing young adults,''; and (3) in subsection (c)-- (A) paragraph (1), by inserting after ``number of children'' each place it appears (except after ``who are victims of parental kidnapings'') the following: ``and involuntarily missing young adults''; and (B) in paragraph (2), by inserting after ``missing children'' the following: ``and involuntarily missing young adults''. SEC. 5. AUTHORITY OF ADMINISTRATOR TO MAKE GRANTS AND ENTER IN CONTRACTS RELATING TO INVOLUNTARILY MISSING YOUNG ADULTS. Section 405 of the Missing Children's Assistance Act (42 U.S.C. 5775) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting after ``children,'' the first place it appears the following: ``young adults,''; (ii) by inserting after ``children'' the second place it appears the following: ``or involuntarily missing young adults''; (B) in paragraph (2), by inserting after ``children'' the following: ``or involuntarily missing young adults''; (C) in paragraph (3), by inserting after ``children'' the following: ``or involuntarily missing young adults''; (D) in paragraph (4)-- (i) in the matter before subparagraph (A), by inserting after ``children'' the following: ``or involuntarily missing young adults''; (ii) in subparagraph (A), by inserting after ``child'' each place it appears the following: ``or involuntarily missing young adult''; and (iii) in subparagraph (B), by inserting after ``child'' the following: ``or involuntarily missing young adult''; (E) in paragraph (5), by inserting after ``missing children's'' the following: ``or involuntarily missing young adults' ''; (F) in paragraph (6), by inserting after ``children'' each place it appears the following: ``or involuntarily missing young adults''; (G) in paragraph (7), by inserting after ``children'' each place it appears the following: ``or involuntarily missing young adults''; and (H) in paragraph (9), by inserting after ``children'' the following: ``or involuntarily missing young adults''; and (2) in subsection (b)(1)-- (A) in subparagraph (A), by inserting after ``children'' the first place it appears the following: ``or involuntarily missing young adults''; (B) in subparagraph (B), by inserting after ``services to'' the following: ``involuntarily missing young adults,''; and (C) in subparagraph (C), by inserting after ``children'' the following: ``or involuntarily missing young adults''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 408(a) of the Missing Children's Assistance Act (42 U.S.C. 5777(a)) is amended by adding at the end the following: ``In addition, there is authorized to be appropriated $2,500,000 for fiscal years 2001 through 2003 to carry out the provisions of the amendments made to this Act by the Abducted Young Adults Act.''. SEC. 7. SPECIAL STUDY AND REPORT. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall begin to conduct a study to determine the obstacles that prevent or impede law enforcement from recovering involuntarily missing young adults. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall submit a report to the chairman of the Committee on the Judiciary of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under subsection (a). SEC. 8. REPORTING REQUIREMENT. Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C. 5779) is amended by adding at the end the following: ``Each Federal, State, and local law enforcement agency may report each case of an involuntarily missing young adult reported to such agency to the National Crime Information Center of the Department of Justice.''. SEC. 9. STATE REQUIREMENTS. Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended by-- (1) redesignating paragraph (3) as paragraph (4); (2) inserting after paragraph (2) the following: ``(3) provide that each involuntarily missing young adult report and all necessary and available information with respect to such report, shall include-- ``(A) the name, date of birth, sex, race, height, weight, and eye and hair color of the involuntarily missing young adult; ``(B) the date and location of the last known contact with the involuntarily missing young adult; and ``(C) once the State agency receiving the case has made a determination to enter such report into the State law enforcement system and the National Crime Information Center computer networks, and make such report available to the Missing and Exploited Children Information Clearinghouse within the State or other agency designated within the State to receive such reports, shall immediately enter such report and all necessary and available information described in subparagraphs (A) and (B);''; (3) in paragraph (4), as redesignated, by striking ``paragraph (2)'' and inserting the following: ``paragraphs (2) and (3)''; and (4) in paragraph (4)(C), as redesignated, by inserting after ``missing children'' the following: ``and involuntarily missing young adults''.

Defines "young adult" as any individual who is at least 18 but has not attained age 22. (Sec. 4) Amends provisions of the Act regarding the duties and functions of the Administrator of the Office of Juvenile Justice and Delinquency Prevention to require: (1) the national 24-hour toll-free telephone line established and operated by the Administrator to handle requests of information pertaining to procedures necessary to notify law enforcement about involuntarily missing young adults; and (2) the Administrator to coordinate public and private programs which locate or recover involuntarily missing young adults. (Sec. 5) Grants the Administrator authority to make grants and enter into contracts relating to involuntarily missing young adults. (Sec. 6) Authorizes appropriations to carry out this Act. (Sec. 7) Requires the Administrator to conduct a study to determine the obstacles that prevent or impede law enforcement from recovering involuntarily missing young adults, and to report to the chairmen of the House and Senate Judiciary Committees. (Sec. 8) Amends the Crime Control Act of 1990 to: (1) authorize each Federal, State, and local law enforcement agency to report each case of an involuntarily missing young adult reported to such agency to the Department of Justice's National Crime Information Center; and (2) require each State reporting under that Act to include specified information regarding such individuals in its report and make such report available to the Missing and Exploited Children Information Clearinghouse within the State or other agency designated within the State to receive such reports.

Abducted Young Adults Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Protection and Security Act''. SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Entities commonly known as ``information brokers'' have created up to several billion personal records on individuals. (2) Information made available by information brokers is used in the determination of opportunities for credit, employment, housing, insurance, means of travel, and other commercial decisions, and must therefore be as accurate, transparent to the individual, and secure as possible. Inaccurate information pertaining to an individual that is made available by an information broker may significantly interfere with the individual's economic opportunities. For these reasons, there is a vital need to ensure that information brokers exercise their important responsibilities with fairness, impartiality, accuracy, and respect for individuals' rights to privacy and security, and that information brokers properly safeguard individuals' personally identifiable information. (3) In 2004, an identity theft operation improperly gained access to hundreds of thousands of individual profiles maintained by one large information broker. Many of these individuals have and will become victims of identity theft. The full extent of this incident will not be known for years. (4) Identity thieves illegally exploit information technology to take advantage of innocent individuals. Identity thieves typically steal individuals' names, addresses, telephone numbers, social security numbers, bank account information, and personal financial and medical data. Due to identity thieves misusing this personal information, some individuals are denied jobs, faced with debts that are not their own, and arrested for crimes they did not commit. (5) According to the Federal Trade Commission, 10,000,000 Americans were affected by identity theft in 2004, and the problem is growing worse. Identity theft is now the most common fraud perpetrated on individuals. In 2004, identity theft accounted for 39 percent of consumer fraud complaints filed with the Federal Trade Commission. (6) According to a survey cited by the Federal Trade Commission, identity theft cost the United States $52,600,000,000 in 2004. Both individuals and businesses bear this heavy financial burden. (7) The increasing power of computers and information technology has greatly magnified the risk to individual privacy that can occur from any collection, maintenance, use, or dissemination of personally identifiable information, as well as the number of individuals who can be harmed. (8) There is a clear difference between a compilation of personally identifiable information and the compilation's component parts. Even for information contained in public records, items of data that appear in widely scattered sources are different from the collection and assembly of that information into databases, reports, or profiles. The interest in maintaining the privacy and security of such databases has always been, and will continue to be, very high. (9) In order to protect the privacy and security of individuals whose personally identifiable information resides in systems maintained by information brokers, it is necessary and proper for Congress to regulate the collection, maintenance, use, and dissemination of such information by information brokers by adopting a framework of fair information principles. It is the policy of Congress that information brokers have an affirmative and continuing obligation to protect the privacy and security of an individual's personally identifiable information. (b) Purposes.--The purposes of this Act are-- (1) to regulate the narrow category of business entities commonly known as ``information brokers'', but not to extend the regulations to businesses other than information broker businesses, or to weaken or alter the protections provided by other applicable laws; (2) to protect individual rights in relation to information brokers; and (3) to ensure that information brokers compete fairly in the processing and sale of personally identifiable information. SEC. 3. REGULATION BY FEDERAL TRADE COMMISSION. (a) Regulations.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission (in this Act referred to as ``the Commission'') shall promulgate regulations with respect to the conduct of information brokers and the protection of personally identifiable information held by such brokers. (2) Content of regulations.--The regulations promulgated under paragraph (1) shall include rules-- (A) requiring that procedures for the collection and maintenance of data guarantee maximum possible accuracy of personally identifiable information held by any information broker; (B) allowing an individual the right to obtain disclosure of all personally identifiable information pertaining to the individual held by an information broker, and to be informed of the identity of each entity that procured any personally identifiable information from the broker; (C) allowing individuals the right to request and receive prompt correction of errors in personally identifiable information held by information brokers; (D) requiring information brokers to safeguard and protect the confidentiality of personally identifiable information, appropriate to the nature and type of information involved; (E) requiring information brokers to authenticate users before allowing access to personally identifiable information, and requiring that each use of personal information is employed only for a lawful purpose; (F) requiring procedures to be established to prevent and detect fraudulent, unlawful, or unauthorized access, use, or disclosure of personally identifiable information held by an information broker, and to mitigate any potential harm to individuals from threats to the privacy or security of such information; (G) requiring information brokers to establish and maintain procedures that track users' access to personally identifiable information held by the broker, and the lawful purpose for which each access was made; and (H) prohibiting information brokers from engaging in activities that fail to comply with the Commission's regulations. (b) Definitions.--In this section: (1) Information broker.-- (A) In general.--The term ``information broker'' means a commercial entity whose business is to collect, assemble, or maintain personally identifiable information for the sale or transmission of such information or the provision of access to such information to any third party, whether such collection, assembly, or maintenance of personally identifiable information is performed by the information broker directly, or by contract or subcontract with any other entity. (B) Exemptions.--The Commission, in promulgating regulations under subsection (a), may exempt any commercial entity from such regulations, in whole or in part, if the Commission determines that granting such an exemption is in the public interest, consistent with the purposes of this Act, and if the entity's collection, assembly, and maintenance of personally identifiable information is only incidental to the entity's primary business. (2) Personally identifiable information.--The term ``personally identifiable information'' means any personal information, as determined by the Commission, which may be used to identify a person or cause harm to such person. SEC. 4. ENFORCEMENT. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a regulation promulgated under section 2 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce the regulations promulgated under section 2 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 person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) Actions by States.-- (1) Civil actions.--In any case in which the attorney general 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 an act or practice that violates any regulation of the Commission promulgated under section 2, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction, to-- (A) enjoin that act or practice; (B) enforce compliance with the regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission and to the Attorney General a written notice of that action and a copy of the complaint for that action. If the State attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the State attorney general shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General as soon after the filing of the complaint as practicable. (3) Commission and attorney general authority.--On receiving notice under paragraph (2), the Commission and the Attorney General each shall have the right-- (A) to move to stay the action, pending the final disposition of a pending Federal matter as described in paragraph (4); (B) to intervene in an action under paragraph (1); and (C) to file petitions for appeal. (4) Pending criminal proceedings.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or any regulations thereunder, no State may, during the pendency of such proceeding or action, bring an action under this subsection against any defendant named in the criminal proceeding or civil action for any violation that is alleged in that proceeding or action. (5) Rule of construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (c) Private Right of Action.-- (1) In general.--Any individual injured by an act in violation of the regulations promulgated under section 2, if otherwise permitted by the laws or rules of the court of a State, bring in an appropriate court of that State-- (A) an action to enjoin such violation; (B) an action to recover for actual monetary loss from such a violation, or to receive up to $1000 in damages for each such violation, whichever is greater; or (C) both such actions. (2) Limitation.--An action may be commenced under this subsection within 2 years after the date on which the alleged violation occurred, except that where a defendant has materially and willfully misrepresented or disclosed any information under this Act or the regulations promulgated pursuant to this Act and the information so misrepresented or disclosed is material to the establishment of the defendant's liability under this Act or such regulations, the action may be brought by the individual under paragraph (1) at any time within 3 years after discovery by the individual of the misrepresentation or disclosure. (3) Nonexclusive remedy.--The remedy provided under this subsection shall be in addition to any other remedies available to the individual. SEC. 5. RELATION TO OTHER LAWS. (a) Fair Credit Reporting Act.--Nothing in this Act or the regulations promulgated under this Act shall be construed to modify, limit or supersede the operation of the Fair Credit Reporting Act. A person or entity subject to the Fair Credit Reporting Act shall comply with that Act as well as with this Act and the regulations promulgated under this Act. To the extent that there is any conflict between the Fair Credit Reporting Act and this Act or such regulations, the Act that affords an individual greater protection shall apply. Multiple requirements with respect to the same information, transaction, or individual shall not be considered a conflict. (b) State Laws.--This Act and the regulations promulgated under this Act shall not be construed as superseding, altering, or affecting any statute, regulation, order, or interpretation in effect in any State, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this Act or the regulations promulgated under this Act, and then only to the extent of the inconsistency. For purposes of this section, a State statute, regulation, order, or interpretation shall not be considered inconsistent with the provisions of this Act or the regulations promulgated under this Act if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection under this Act or the regulations promulgated under this Act. SEC. 6. REPORT. Not later than 12 months after the issuance of the regulations required by section 2, the Commission shall transmit to Congress a report on the information brokerage industry and its impact on the privacy of personally identifiable information. Such report shall describe the regulations promulgated pursuant to this Act, compliance with such regulations by the information brokerage industry, and any recommendations by the Commission for additional measures (including any necessary legislation) to ensure the privacy of personally identifiable information.

Information Protection and Security Act - Directs the Federal Trade Commission (FTC) to promulgate regulations governing the conduct of information brokers and the protection of personally identifiable information held by such brokers. States that such regulations shall include rules: (1) requiring procedures for maximum data accuracy, confidentiality, user authentication and tracking, the prevention and detection of illegal or unauthorized activity, and mitigation of potential harm to individuals; (2) allowing individuals to obtain disclosure of such information pertaining to them held by an information broker, to be informed of each entity that procured such information, and to request and receive prompt correction of errors; and (3) prohibiting brokers from engaging in activity that fails to comply with FTC regulations. Requires violations of such regulations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Authorizes States, after providing notice to the FTC and the Attorney General, to bring civil actions on behalf of State residents in Federal district court or any other court of competent jurisdiction to: (1) enjoin such acts or practices; (2) enforce compliance with FTC regulations; or (3) obtain damages, restitution, compensation, or other appropriate relief. Prohibits State actions during the pendency of criminal proceedings brought by the Attorney General or civil actions instituted by the FTC against the same defendant for violations of this Act. Establishes a private right of action for individuals injured by violations of regulations promulgated under this Act.

A bill to regulate information brokers and protect individual rights with respect to personally identifiable information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosives Control Act of 1994''. SEC. 2. PROHIBITION AGAINST THE RECEIPT OF EXPLOSIVE MATERIALS WITHOUT A FEDERAL PERMIT. Section 842 of title 18, United States Code, is amended-- (1) by amending subsection (a)(3)(A) to read as follows: ``(A) to transport, ship, or cause to be transported in interstate or foreign commerce any explosive materials, or to receive in interstate or foreign commerce any explosive materials (other than black powder or smokeless powder, in amounts less than 50 pounds); or''; and (2) in subsection (b)-- (A) by adding ``or'' at the end of paragraph (1); (B) by striking ``; or'' in paragraph (2) and inserting a period; (C) by striking paragraph (3); and (D) by adding at the end the following new sentence: ``The preceding sentence shall not apply to the distribution of black powder or smokeless powder in amounts of less than 50 pounds.''. SEC. 3. FEDERAL EXPLOSIVES LICENSEE REQUIRED TO CONDUCT CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF EXPLOSIVE MATERIALS TO NON-LICENSEE. (a) In General.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(l)(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after November 30, 1993, it shall be unlawful for any licensee to sell, deliver, or transfer explosive materials to an individual who is not a licensee, unless-- ``(A) after the most recent proposal of such transfer by the transferee-- ``(i) the transferor has-- ``(I) received from the transferee a statement of the transferee containing the information described in paragraph (3); ``(II) verified the identity of the transferee by examining the identification document presented; ``(III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee; and ``(IV) within 1 day after the transferee furnishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and ``(ii)(I) 5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the explosive materials by the transferee would be in violation of Federal, State, or local law; or ``(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the explosive materials by the transferee would violate Federal, State, or local law; ``(B)(i) the transferee has presented to the transferor a permit that-- ``(I) allows the transferee to possess or acquire explosive materials; and ``(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of explosive materials by the transferee would be in violation of the law; ``(C) the law of the State requires that, before any licensee completes the transfer of explosive materials to an individual who is not a licensee, an authorized government official verify that the information available to such official does not indicate that possession of explosive materials by the transferee would be in violation of law; ``(D) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or ``(E) on application of the transferor, the Secretary has certified that compliance with subparagraph (A)(i)(III) is impracticable because-- ``(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and ``(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General. ``(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only-- ``(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the transferee containing a photograph of the transferee and a description of the identification used; ``(B) a statement that transferee-- ``(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(ii) is not a fugitive from justice; ``(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); ``(iv) has not been adjudicated as a mental defective or been committed to a mental institution; ``(v) is not an alien who is illegally or unlawfully in the United States; ``(vi) has not been discharged from the Armed Forces under dishonorable conditions; and ``(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; ``(C) the date the statement is made; and ``(D) notice that the transferee intends to obtain explosive materials from the transferor. ``(4) Any transferor of explosive materials who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the explosive materials by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate all information related to the transfer that the transferor has about the transfer and the transferee to-- ``(A) the chief law enforcement officer of the place of business of the transferor; and ``(B) the chief law enforcement officer of the place of residence of the transferee. ``(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. ``(6)(A) Any transferor who sells, delivers, or otherwise transfers explosive materials to a transferee shall retain the copy of the statement of the transferee with respect to the explosive materials transaction, and shall retain evidence that the transferor has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement. ``(B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law-- ``(i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement, any record containing information derived from the statement, and any record created as a result of the notice required by paragraph (1)(A)(i)(III); ``(ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection; and ``(iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection. ``(C) If a chief law enforcement officer determines that an individual is ineligible to receive explosive materials and the individual requests the officer to provide the reason for such determination, the officer shall provide such reasons to the individual in writing within 20 business days after receipt of the request. ``(7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages-- ``(A) for failure to prevent the sale or transfer of explosive materials to a person whose receipt or possession of the explosive materials is unlawful under this section; or ``(B) for preventing such a sale or transfer to a person who may lawfully receive or possess explosive materials. ``(8) For purposes of this subsection: ``(A) The term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. ``(B) The term `explosive materials' does not include black powder or smokeless powder in amounts of less than 50 pounds. ``(9) The Secretary shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensees and the public. ``(m)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act of 1994 that the national instant criminal background check system is established, a licensee shall not transfer explosive materials to any other person who is not a licensee, unless-- ``(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of explosive materials by such other person would violate this section; and ``(C) the transferor has verified the identity of such other person by examining a valid identification document (as defined in section 1028(d)(1) of this title) of such other person containing a photograph of such other person. ``(2) If receipt of explosive materials would not violate this section or State law, the system shall-- ``(A) assign a unique identification number to the transfer; ``(B) provide the licensee with the number; and ``(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer. ``(3) Paragraph (1) shall not apply to explosive materials transfer between a licensee and another person if-- ``(A)(i) such other person has presented to the licensee a permit that-- ``(I) allows such other person to possess or acquire explosive materials; and ``(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(ii) the law of the State provides that such a permit is to be issued only if not prohibited by other law and only after an authorized government official has verified that the information available to such official does not indicate that possession of explosive materials by such other person would be in violation of law; ``(B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or ``(C) on application of the transferor, the Secretary has certified that compliance with paragraph (1)(A) is impracticable because-- ``(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (l)(8)); and ``(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of explosive materials by such other person would violate this section or State law, and the licensee transfers explosive materials to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(5) If the licensee knowingly transfers explosive materials to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of explosive materials by such other person would violate this section or State law, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 843, and may impose on the licensee a civil fine of not more than $5,000. ``(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages-- ``(A) for failure to prevent the sale or transfer of explosive materials to a person whose receipt or possession of the firearm is unlawful under this section; or ``(B) for preventing such a sale or transfer to a person who may lawfully receive or possess explosive materials. ``(7) For purposes of this subsection, the term `explosive materials' does not include black powder or smokeless powder in amounts of less than 50 pounds.''. (b) Penalties.--Section 844 of such title is amended-- (1) in subsection (b), by striking ``any other provision of section 842 of this chapter'' and inserting ``subsection (j) or (k) of section 842''; and (2) by adding at the end the following: ``(k) Whoever knowingly violates subsection (l) or (m) of section 842 shall be fined not more than $10,000, imprisoned not more than 10 years, or both. Section 3571 shall not apply in the imposition of any fine under this subsection.''. SEC. 4. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. The requirements of section 103 of the Brady Handgun Violence Prevention Act (other than subsection (i) thereof) shall apply to explosive materials (other than black powder or smokeless powder in amounts of less than 50 pounds) in the same manner in which such section applies to firearms, except that, in the case of such explosive materials-- (1) the system shall provide information on whether receipt of such explosive materials by a prospective transferee would violate section 842 of title 18, United States Code, or State law; and (2) as used in such section, the term ``licensee'' has the same meaning given such term by section 841(m) of title 18, United States Code. SEC. 5. REMEDY FOR ERRONEOUS DENIAL OF EXPLOSIVE MATERIALS. (a) In General.--Chapter 40 of title 18, United States Code, is amended by inserting after section 845 the following new section: ``Sec. 845A. Remedy for erroneous denial of explosive materials ``Any person denied explosive materials pursuant to subsection (l) or (m) of section 842-- ``(1) due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system established under section 3 of the Explosives Control Act of 1994; or ``(2) who was not prohibited from receipt of explosive materials pursuant to section 842, may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (b) Technical Amendment.--The chapter analysis for such chapter is amended by inserting after the item relating to section 845 the following new item: ``845A. Remedy for erroneous denial of explosive materials.''. HR 3912 IH----2

Explosives Control Act of 1994 - Amends the Federal criminal code to prohibit the receipt in interstate or foreign commerce of explosive materials (other than black powder or smokeless powder in amounts less than 50 pounds) without a Federal permit. Makes provisions of the Brady Handgun Violence Prevention Act applicable with respect to the transfer of explosive materials (i.e., requiring a Federal explosives licensee to conduct a criminal background check before the transfer of explosive materials to a non-licensee). Authorizes a person denied explosive materials pursuant to this Act due to the provision of erroneous information relating to the person by any State or political subdivision thereof or by the national instant criminal background check system, or who was not prohibited from receipt of explosive materials under this Act, to bring an action against the State or political subdivision responsible for providing the information or denying the transfer, or against the United States (as the case may be) for an order directing that the erroneous information be corrected or that the transfer be approved. Grants the court discretion to allow the prevailing party a reasonable attorney's fee as part of the costs.

Explosives Control Act of 1994

SECTION 1. REPORTS WITHIN THE JURISDICTION OF THE COMMITTEE ON EDUCATION AND THE WORKFORCE. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under the following provisions of law: (1) Section 425 of the General Education Provisions Act (20 U.S.C. 1226c), relating to the effectiveness of applicable programs. (2) The following provisions of the Department of Education Organization Act: (A) Section 414 (20 U.S.C. 3474), relating to the promulgation of rules and regulations. (B) Section 426 (20 U.S.C. 3486), relating to Departmental activities. (3) The following provisions of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.): (A) Section 114 (20 U.S.C. 1011c), relating to the National Advisory Committee on Institutional Evaluation and Integrity. (B) Section 392(b)(2) (20 U.S.C. 1068a(b)(2)), relating to reports on waivers. (C) Section 432(b) (20 U.S.C. 1082(b)), relating to budget submissions by the Secretary of Education. (D) Section 439(k) (20 U.S.C. 1087-2(k)), relating to reports on audits by the Secretary of the Treasury. (E) Section 482(d) (20 U.S.C. 1089(d)), relating to notices of failures to comply with master calendar deadlines. (F) Section 485B(d) (20 U.S.C. 1092b(d)), relating to a report on the student loan data system. (G) Section 702(a)(2)(D) (20 U.S.C. 1134a(a)(2)(D)), relating to reports of the Javits Fellows Program Fellowship Board. (4) The following provisions of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951 et seq.): (A) Section 5(q) (20 U.S.C. 954(q)), relating to the state of the arts in the Nation. (B) Section 7(k) (20 U.S.C. 956(k)), relating to the state of the humanities in the Nation. (C) Section 10(d) (20 U.S.C. 959(d)), relating to annual reports summarizing activities. (D) Section 10(e) (20 U.S.C. 959(e)), relating to annual reports summarizing activities. (5) The following provisions of the Arts and Artifacts Indemnity Act (20 U.S.C. 971 et seq.): (A) Section 6(b) (20 U.S.C. 975(b)), relating to certification of the validity of the claims. (B) Section 8 (20 U.S.C. 977), relating to an annual report on claims and contracts. (6) Section 5(a)(7) of the National Commission on Libraries and Information Science Act (20 U.S.C. 1504(a)(7)), relating to an annual report on the activities of the National Commission on Libraries and Information Science. (7) Section 112(b)(3) of the Education of the Deaf Act of 1986 (20 U.S.C. 4332(b)(3)), relating to the annual report on indirect costs from the Board of Trustees. (8) The following provisions of the United States Institute of Peace Act (22 U.S.C. 4601 et seq.): (A) Section 1708(h) (22 U.S.C. 4607(h)), relating to an annual report of audit. (B) Section 1712 (22 U.S.C. 4611), relating to a biennial report on progress. (9) Section 1121(h)(4) of the Education Amendments of 1978 (25 U.S.C. 2001(h)(4)), relating to review of or proposed closure or consolidation of schools operated by the Bureau of Indian Affairs. (10) Section 1125(b) of the Education Amendments of 1978 (25 U.S.C. 2005(b)), relating to plans to bring Indian educational facilities into compliance with health and safety standards. (11) Section 1137(a) of the Education Amendments of 1978 (25 U.S.C. 2017(a)), relating to annual reports on the status of educational programs administered by the Bureau of Indian Affairs and educational problems encountered during the year for which the report is submitted. (12) Section 5206(g) of the Tribally Controlled Schools Act of 1988 (P.L. 100-297; 102 Stat. 391), relating to applications received and actions taken on grants for tribally controlled schools. (13) Section 204(b)(2) of the Helen Keller National Center Act (29 U.S.C. 1903(b)(2)), relating to the report on the evaluation of the operation of the Helen Keller National Center. (14) The following provisions of the Older Americans Act of 1965: (A) Section 206(d) (42 U.S.C. 3017(d)), relating to reports on results of evaluative research and program evaluation. (B) Subsections (a) and (b) of section 207 (42 U.S.C. 3018(a), (b)), relating to reports on activities and reports on State long-term care ombudsman programs. (15) The following provisions of Federal law requiring reports related to the Equal Opportunity Employment Commission: (A) Section 13 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 632). (B) Section 705(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4(e)). (16) The following provisions of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.): (A) Section 13 (29 U.S.C. 710), relating to the annual report on activities carried out under the Act. (B) Section 106(d) (29 U.S.C. 726(d)), relating to an analysis of program performance based on standards and indicators. (C) Section 401 (29 U.S.C. 781), relating to the annual report on the status of disability policy. (D) Section 502(b)(8) and (9) and section 502(h)(1) (29 U.S.C. 792(b)(8) and (9) and (h)(1)), relating to reports by the Access Board on investigations, recommendations, and activities of the Board. (E) Section 507(c) (29 U.S.C. 794c(c)), relating to the report by the Interagency Disability Coordinating Council. (17) The following provisions of Federal law requiring reports related to labor: (A) Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c)), relating to case activities and operations of the National Labor Relations Board. (B) Section 8 of the Act of June 13, 1888 (29 U.S.C. 6) relating to reports by the Bureau of Labor Statistics. (C) Section 4(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 204(d)) relating to a report of the Secretary of Labor respecting implementation of such Act and the curtailment of employment opportunities. (D) Section 42 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 942) relating to a report of the Secretary of Labor respecting implementation of such Act. (E) Section 8152 of title 5, United States Code, relating to reports by the Secretary of Labor respecting the implementation of chapter 81 of such title relating to compensation for work injuries. (F) Section 26 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 675) relating to a report of the Secretary of labor respecting implementation of such Act. (G) Section 9(b)(1) of the Wagner-Peyser Act (29 U.S.C. 49h(b)(1)) relating to an evaluation by the Comptroller General regarding the United States Employment Service. (H) Section 511(a) of the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. 958(a)) relating to a report by the Secretary of Labor relating to coal mine health and safety. (I) Section 202(c) of the Labor Management Relations Act of 1947 (29 U.S.C. 172(c)) relating to reports by the Federal Mediation and Conciliation Service. (J) Section 22(f) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 671(f)) relating to reports by the National Institute of Occupational Safety and Health. (K) Section 2908 of Public Law 101-647, relating to reports by the Secretary of Labor respecting compliance with certain requirements. (18) Section 513(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1143(b)), relating to an explanation of variances granted for vesting or funding, the status of enforcement cases, any recommendations received from the Advisory Council, and recommendations for further legislation. (19) Section 4008 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1308), relating to the report of the Pension Benefit Guaranty Corporation of its financial statements and on its activities and providing actuarial evaluations for the next 5 years. (20) Section 650 of the Head Start Act (42 U.S.C. 9846), relating to the operation of Head Start programs. (21) The reporting requirements of section 8G(h)(2) of the Inspector General Act (5 U.S.C. App.), relating to results of audits conducted by the Office of Inspector General, and the requirements of section 8G(e) of such Act, relating to communication of reasons for removal or transfer of the Inspector General, for the following agencies: (A) The Pension Benefit Guaranty Corporation. (B) The Department of Labor. (C) The Equal Employment Opportunity Commission. Passed the House of Representatives November 10, 1999. Attest: JEFF TRANDAHL, Clerk.

Includes among such reports those submitted under specified provisions of: (1) the General Education Provisions Act, on effectiveness of applicable programs; (2) the Department of Education Organization Act, on promulgation of rules and regulations, and Departmental activities; (3) the Higher Education Act of 1965, on the National Advisory Committee on Institutional Evaluation and Integrity, waivers, budget submissions, audits, notices of failures to comply with master calendar deadlines, the student loan data system, and the Javits Fellows Program Fellowship Board; (4) the National Foundation on the Arts and the Humanities Act of 1965, on the state of the arts and of the humanities in the Nation, and activities of the National Endowments of the Arts and of the Humanities; (5) the Arts and Artifacts Indemnity Act, on certification of validity of claims, and to claims and contracts; (6) the National Commission on Libraries and Information Science Act, on activities of the National Commission on Libraries and Information Science; (7) the Education of the Deaf Act of 1986, on certain indirect costs; (8) the United States Institute of Peace Act, on audits and progress; (9) the Education Amendments of 1978, on review of or proposed closure or consolidation of schools operated by the Bureau of Indian Affairs (BIA), plans to bring Indian educational facilities into compliance with health and safety standards, the status of educational, programs administered by the BIA and educational problems encountered; (10) the Tribally Controlled Schools Act of 1988, on applications received and actions taken on grants for tribally controlled schools; (11) the Helen Keller National Center Act, on evaluation of such Center's operation; (12) the Older Americans Act of 1965, on results of evaluative research and program evaluation, activities, and State long-term care ombudsman programs; (13) both the Age Discrimination in Employment Act of 1967 and the Civil Rights Act of 1964, related to the Equal Employment Opportunity Commission (EEOC); (14) the Rehabilitation Act of 1973, on activities, program performance analysis, the status of disability policy, the Access Board, and the Interagency Disability Coordinating Council; (15) the National Labor Relations Act, on case activities and operations of the National Labor Relations Board; (16) specified Federal law, on the Bureau of Labor Statistics; (17) the Fair Labor Standards Act of 1938, on implementation and the curtailment of employment opportunities; (18) the Longshore and Harbor Workers' Compensation Act, on implementation; (19) specified Federal law, on implementation relating to compensation for work injuries; (20) the Occupational Safety and Health Act of 1970 (OSHA), on implementation; (21) the Wagner-Peyser Act, on evaluation of the United States Employment Service; (22) the Federal Coal Mine Health and Safety Act of 1969, on coal mine health and safety; (23) the Labor Management Relations Act of 1947, by the Federal Mediation and Conciliation Service; (24) OSHA, by the National Institute of Occupational Safety and Health; (25) specified Federal law, by the Secretary of Labor respecting compliance with certain requirements; (26) the Employee Retirement Income Security Act of 1974 (ERISA), on variances granted for vesting or funding, status of enforcement cases, and recommendations received from the Advisory Council or for further legislation; (27) ERISA, on Pension Benefit Guaranty Corporation (PBGC) financial statements, activities, and actuarial evaluations; (28) the Head Start Act, operation of Head Start programs; and (29) the Inspector General Act, on audits conducted by the Office of the Inspector General, and on reasons for removal or transfer of the Inspector General, for the PBGC, the Department of Labor, or the EEOC.

To exempt certain reports from automatic elimination and sunset pursuant to the Federal Reports and Elimination and Sunset Act of 1995.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Union Charter Choice Act''. SEC. 2. CONVERSIONS OF CREDIT UNIONS TO SAVINGS ASSOCIATIONS OR MUTUAL SAVINGS BANKS. (a) In General.--Section 205(b)(2) of the Federal Credit Union Act ( 12 U.S.C. 1785(b)) is amended-- (1) in subparagraph (G)-- (A) by striking ``Consistent rules'' in the heading of such subparagraph and all that follows through ``, the Administration shall promulgate'' (where such term appears in clause (i) of such subparagraph) and inserting ``Consistent rules.--The Board shall prescribe''; and (B) by striking clause (ii); (2) by redesignating subparagraphs (E), (F), and (G) (as amended by paragraph (1)) as subparagraphs (K), (L), and (M), respectively; and (3) by striking subparagraph (D) and inserting the following new subparagraphs: ``(D) Notice of proposal to board.--An insured credit union that proposes to convert to a mutual savings bank or savings association under subparagraph (A) shall submit to the Board, or a designee of the Board, for review and approval by the Board or such designee a copy of the written notice, ballot and such other materials to be mailed to members pursuant to subparagraph (C). ``(E) Contents of notice to board.--In addition to the requirements of subparagraph (D), a notice submitted under such subparagraph shall include the following: ``(i) The date that the membership vote will be taken and the date by which ballots must be received by the inspector of elections to be counted. ``(ii) A brief statement of why the directors of the converting credit union are considering the conversion and the board's recommendation to the members of the credit union. ``(iii) A brief statement of the material effects of the conversion on the credit union, as converted, and the members of the credit union, including any differences in powers between a credit union and a mutual savings bank or savings association that the converting credit union deems to be material to such members. ``(F) Restrictions on regulation of content of proposed conversion notice to members.--A converting credit union may not be required to include in the notice provided under subparagraph (C) any information or statements that-- ``(i) are speculative with respect to the future operations, governance, or form of organization of the financial institution that will result from the conversion, or may occur after the completion of the conversion; ``(ii) are inaccurate with respect to a proposed conversion of the converting credit union or the application for a mutual savings bank or savings association charter filed in connection with the conversion; ``(iii) conflict with regulations of other financial regulators, including the Director of the Office of Thrift Supervision, related to the subsequent conversion of the resulting financial institution from mutual to stock form; ``(iv) distort the impact of conversion on the members of the credit union; or ``(v) are attributable to the Board or state the Board's position on conversions. ``(G) Board approval process.-- ``(i) In general.--The Board shall approve the materials submitted by the converting credit union pursuant to subparagraph (D) if such materials comply with the requirements of subparagraph (E), unless the Board determines that the conversion is being made to circumvent a pending supervisory action that is about to be or has been initiated by the Board or by the State board, commission, or authority having jurisdiction over the credit union, in the case of converting State-chartered credit union, because of a concern over the safety and soundness of the converting credit union. ``(ii) Notice within 30 days.--The Board, or the designee of the Board, shall provide the converting credit union with written approval of the materials submitted by a converting credit union pursuant to subparagraph (D) or comments thereto within 30 days of the initial receipt by the Board or such designee of such materials. ``(iii) Revisions to notice.--Any revised materials filed with the Board by a converting credit union shall be acted upon by the later of the end of the 30-day period referred to in clause (ii) or the end of the 10-day period beginning when such revised materials are filed. ``(H) Other restrictions on the board.-- ``(i) Prohibition on submission and review of other communications with members.--Other than the written materials being mailed to the converting credit union's members pursuant to subparagraph (C), the converting credit union shall not be required to submit any other communications involving the conversion to the Board for approval and the Board shall have no authority to regulate the content of any such communications. ``(ii) Exception for inconsistent, misleading, or false communications.--Clause (i) shall not apply so as to to restrict the Board's authority to prevent or correct communications under subparagraph (C) that are inconsistent with the material facts contained in the notice of proposed conversion or are knowingly false or misleading. ``(iii) Limitation on authority to require new membership vote.--The Board shall not have the authority to require a new vote on the basis of the contents of the notice required under subparagraph (C) or any other communication from the converting insured credit union to the members of the credit union, unless the notice or communication contains a knowingly false statement that affects the outcome of a conversion vote. ``(I) Conduct and supervision of election.-- ``(i) Secret ballot.--The vote on the conversion shall be conducted by secret ballot. ``(ii) Independent inspector of election.-- ``(I) In general.--The converting credit union shall appoint an independent inspector of elections to receive and tally the votes cast on the conversion proposal. ``(II) Ineligible persons.--The inspector shall not be an employee, officer, or director of the converting credit union or have a family relationship with any employee, officer or director of the credit union. ``(III) Family relationship defined.--For purposes of subclause (II), the term `family relationship' means any relationship by blood, marriage or adoption, that is not more remote than first cousin. ``(iii) Certification.--The board of directors of the converting credit union shall certify to the Board (or the designee of the Board) and the Federal banking agency or the appropriate State bank supervisor (as such terms are defined in section 3 of the Federal Deposit Insurance Act) that will have jurisdiction over the institution after the conversion-- ``(I) the results of the membership vote, based on the report of the inspector of elections, within 10 calendar days after the vote is taken or as promptly thereafter as possible; and ``(II) at the same time, that the notice, ballot and other written materials provided to members were identical in all material respects to those submitted to the Board (or the designee of the Board) pursuant to subparagraph (D) and approved by the Board or such designee. ``(J) Restriction on post-election review or approval.--Absent fraud or reckless disregard for fairness during the voting process that affects the outcome of the vote, the Board shall have no further review or approval authority over the conversion process following the submission and review of the certification under subparagraph (I)(iii).''. (b) Effective Date.--The amendments made by this Act shall apply to all credit union conversions described in section 205(b)(2) of the Federal Credit Union Act that are pending on the date of the enactment of this Act and any conversion commenced on or after such date of enactment pursuant to a notice provided to the National Credit Union Administration Board in accordance with section 205(b)(2)(D) of the Federal Credit Union Act (as amended by subsection (a) of this section). (c) Regulations.--Before the end of the 60-day period beginning on the date of the enactment of this Act, the National Credit Union Administration Board shall publish proposed amendments to existing regulations of the Board governing conversions of insured credit unions to mutual savings banks or savings associations that are necessary to conform such regulations with the requirements of the amendments made by this Act.

Credit Union Charter Choice Act - Amends the Federal Credit Union Act to repeal requirements governing oversight by the National Credit Union Administration of the member vote concerning charter conversions of credit unions to mutual savings banks or savings associations. Revamps requirements governing credit union notification to the National Credit Union Administration Board of intent to convert to a mutual savings bank or savings association. Sets forth a Board approval process regarding materials submitted by converting credit unions in connection with such conversions. Requires the member vote on a proposed conversion to be conducted by secret ballot, with an independent inspector of elections appointed by the converting credit union to receive and tally the votes. Requires the board of directors of the converting credit union to certify vote results to the Board. Denies the Board any further review or approval authority over the conversion process, absent fraud or reckless disregard for fairness during the voting process that affects the vote outcome.

To amend the Federal Credit Union Act provisions relating to any conversion of a credit union charter to a mutual savings bank or savings association charter, and for other purposes.

SECTION 1. DEPUTY SECRETARY OF DEFENSE FOR MANAGEMENT. (a) Establishment.-- (1) Position and duties.-- (A) Chapter 4 of title 10, United States Code, is amended-- (i) in section 131(b), by striking paragraph (1) and inserting the following new paragraph: ``(1) Two Deputy Secretaries of Defense, as follows: ``(A) The Deputy Secretary of Defense. ``(B) The Deputy Secretary of Defense for Management.''; and (ii) by inserting after section 132 the following new section 132a: ``SECTION 132a. Deputy Secretary of Defense for Management ``(a) Establishment.--(1) There is a Deputy Secretary of Defense for Management, appointed from civilian life by the President, by and with the advice and consent of the Senate, from among persons who have-- ``(A) extensive executive level leadership and management experience in the private or public sector; ``(B) strong leadership skills; ``(C) a demonstrated ability to manage large and complex organizations; and ``(D) a record of achieving positive operational results. ``(2) A person may not be appointed as Deputy Secretary of Defense for Management within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. ``(3) The Deputy Secretary of Defense for Management shall serve for a term of seven years, except that the Deputy Secretary may be removed earlier if the Secretary of Defense determines under subsection (h)(2) that the Deputy Secretary's performance has not been satisfactory. ``(b) General Authority.--(1) The Deputy Secretary of Defense for Management-- ``(A) serves as the Chief Management Officer of the Department of Defense; ``(B) is the principal adviser to the Secretary of Defense on matters relating to the management of the Department of Defense, including defense business activities, to ensure departmentwide capability to carry out the strategic plan of the Department of Defense in support of national security objectives; and ``(C) performs such additional duties and exercises such other powers as the Secretary may prescribe. ``(2) The Deputy Secretary of Defense for Management takes precedence in the Department of Defense immediately after the Deputy Secretary of Defense. ``(3)(A) The Deputy Secretary of Defense for Management shall act for, and exercise the powers of, the Secretary of Defense when-- ``(i) the Secretary is disabled or there is no Secretary of Defense; and ``(ii) the Deputy Secretary of Defense is disabled or there is no Deputy Secretary of Defense. ``(B) The Deputy Secretary of Defense for Management shall act for, and exercise the powers of, the Deputy Secretary of Defense when the Deputy Secretary is disabled or there is no Deputy Secretary of Defense. ``(c) Management Duties.--To support the economical, efficient, and effective execution of the national defense objectives, policies, and plans of the Department of Defense, the Deputy Secretary of Defense for Management shall be responsible to the Secretary of Defense for the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of Defense that relate to performance of the following functions: ``(1) Planning and budgeting, including performance measurement. ``(2) Acquisition. ``(3) Logistics. ``(4) Facilities, installations, and environment. ``(5) Financial management. ``(6) Human resources and personnel. ``(7) Management of information resources, including information technology, networks, and telecommunications functions. ``(d) Defense Business Reform.--For the functions specified in subsection (c), the Deputy Secretary of Defense for Management shall-- ``(1) develop and maintain a departmentwide management strategic plan for business reform, and identify key initiatives to be undertaken by the Department of Defense and its components, together with related resource needs; ``(2) establish performance goals and measures for improving and evaluating overall economy, efficiency, and effectiveness; ``(3) monitor and measure the progress of the Department and its components in meeting established performance goals for improving economy, efficiency, and effectiveness; and ``(4) review and approve plans and budgets for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of those plans and budgets with-- ``(A) the overall strategic plan and budget of the Department; ``(B) the strategic plan for business reform of the Department; and ``(C) achievement of the integration of business activities throughout the Department. ``(e) Defense Business Systems.--(1) In carrying out the duties of the position under this section, the Deputy Secretary of Defense for Management shall oversee the implementation of a defense business systems modernization program including the expenditure of any funds appropriated for maintaining legacy systems and for modernizing defense business systems. ``(2) The Deputy Secretary of Defense for Management shall-- ``(A) oversee the development of, and shall review and approve, all budget requests for defense business systems, including the information to be submitted to Congress under section 2222(h) of this title; and ``(B) subject to the authority, direction, and control of the Secretary of Defense, perform the responsibilities of the Secretary under section 2222 of this title. ``(3) In this subsection, the terms `defense business system' and `defense business system modernization' have the meanings given to those terms in section 2222(j) of this title. ``(f) Relationship to Other Defense Officials.--The Deputy Secretary of Defense for Management exercises the authority of the Secretary of Defense in the performance of the duties of the Deputy Secretary under this section, subject to the authority, direction, and control of the Secretary. The Secretaries of the military departments and the heads of the other elements of the Department of Defense are subject to the authority, direction, and control of the Deputy Secretary in the performance of their duties with respect to matters within the authority of the Deputy Secretary, and the exercise of that authority by the Deputy Secretary is binding on the military departments and such other elements. ``(g) Consultation With Other Officials.--In carrying out the duties of the position under this section, the Deputy Secretary of Defense for Management shall consult on a continuing basis with the Deputy Secretary of Defense, the Secretaries of the military departments, and the Chairman of the Joint Chiefs of Staff-- ``(1) to support economical, efficient, and effective performance of the missions of the Department of Defense; and ``(2) to support each of those officials-- ``(A) in the implementation of the national defense strategy and the strategic plan of the Department of Defense; and ``(B) in the administration of related programs, plans, operations, and activities. ``(h) Performance and Evaluation.--(1) The Secretary of Defense and the Deputy Secretary of Defense for Management shall jointly identify in writing each year the individual and organizational goals to be achieved by the Deputy Secretary during the succeeding year. Such goals shall be expressed in terms of measurable milestones, and shall be consistent with the goals and measures established under subsection (d). Each set of goals so identified shall be available for public disclosure. ``(2) The Secretary of Defense shall evaluate the performance of the Deputy Secretary of Defense for Management each year and shall determine as part of each such evaluation whether the Deputy Secretary has made satisfactory progress toward achieving the goals set out in the performance agreement for that year under paragraph (1).''. (B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 132 the following new item: ``132a. Deputy Secretary of Defense for Management.''. (2) Executive level ii.--Section 5313 of title 5, United States Code, is amended by inserting after ``Deputy Secretary of Defense.'' the following: ``Deputy Secretary of Defense for Management.''. (b) Membership of Certain Department of Defense Management Committees.-- (1) Financial management modernization executive committee.--Section 185(a) of title 10, United States Code, is amended-- (A) in paragraph (2)-- (i) by redesignating subparagraphs (A), (B), (C), (D), and (E) as subparagraphs (B), (C), (D), (E), and (F), respectively; (ii) by inserting after ``composed of the following:'' the following new subparagraph (A): ``(A) The Deputy Secretary of Defense for Management, who shall be the chairman of the committee.''; and (iii) in subparagraph (B), as redesignated by clause (i), by striking ``, who shall be the chairman of the committee''; and (B) in paragraph (3), by inserting ``the Deputy Secretary of Defense for Management,'' after ``the Deputy Secretary of Defense,''. (2) Defense business system management committee.--Section 186 of such title is amended by striking ``Deputy Secretary of Defense'' each place it appears in subsections (a)(1) and (b) and inserting ``Deputy Secretary of Defense for Management''. (c) Adjustments to Duties and Precedence of Other Officials.-- (1) Under secretary of defense for policy.--Section 134 of title 10, United States Code, is amended-- (A) in subsection (b)(2), by striking ``Secretary of Defense--'' and inserting ``Secretary of Defense and the Deputy Secretary of Defense--''; and (B) in subsection (c), by inserting ``the Deputy Secretary of Defense for Management,'' after ``the Deputy Secretary of Defense,''. (2) Under secretary of defense for acquisition, technology, and logistics.--Section 133(e) of such title is amended-- (A) in paragraph (1), by striking ``and the Deputy Secretary of Defense'' and inserting ``, the Deputy Secretary of Defense, and the Deputy Secretary of Defense for Management''; and (B) in paragraph (2), by inserting ``the Deputy Secretary of Defense for Management,'' after ``the Deputy Secretary of Defense,''. (3) Deputy under secretary of defense for logistics and materiel readiness.--Section 133b(c)(2) of such title is amended by inserting ``the Deputy Secretary of Defense for Management,'' after ``the Deputy Secretary of Defense,''. (4) Director of operational test and evaluation.--Section 139 of such title is amended-- (A) in subsection (b)-- (i) in paragraph (2), by striking ``and the Under Secretary of Defense for Acquisition, Technology, and Logistics'' and inserting ``, the Deputy Secretary of Defense, the Deputy Secretary of Defense for Management, the Under Secretary of Defense for Acquisition, Technology, and Logistics,''; and (ii) in paragraph (6), by inserting ``, the Deputy Secretary of Defense, and the Deputy Secretary of Defense for Management'' after ``the Secretary of Defense''; and (B) in subsection (c), by striking ``and the Deputy Secretary of Defense'' in the first sentence and inserting ``, the Deputy Secretary of Defense, and the Deputy Secretary of Defense for Management''.

Establishes in the Department of Defense (DOD) a Deputy Secretary of Defense for Management (Deputy Secretary) to: (1) serve as the Chief Management Officer of DOD; and (2) act as principal adviser to the Secretary of Defense on matters relating to the management of DOD, including defense business activities. Makes the Deputy Secretary responsible to the Secretary for development, approval, implementation, integration, and oversight for the management of DOD that relate to performance of the the following functions: (1) planning and budgeting, including performance measurement; (2) acquisition; (3) logistics; (4) facilities, installations, and environment; (5) financial management; (6) human resources and personnel; and (7) management of information resources. Requires the Deputy Secretary, among other things, to: (1) develop and maintain a department-wide strategic plan for defense business reform; and (2) establish performance goals and measures for improving and evaluating overall DOD economy, efficiency, and effectiveness. Directs the Secretary and the Deputy Secretary to jointly identify each year the individual and organizational goals to be achieved by the Deputy Secretary.

A bill to amend title 10, United States Code, to establish the position of Deputy Secretary of Defense for Management, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financing Corporation and Savings Association Insurance Fund Reform Act of 1995''. SEC. 2. PAYMENT OF INTEREST EARNED ON RTC FUNDS TO FICO. (a) In General.--Subsection (i) of section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a(i)) is amended by adding at the end the following new paragraph: ``(7) Trust fund for unexpended rtc funding.-- ``(A) In general.--The Secretary of the Treasury shall transfer that portion of the amounts appropriated under paragraph (3) which are available to the Corporation but have not been paid to the Corporation to the Federal Deposit Insurance Corporation for deposit in a trust fund to be managed by the Federal Deposit Insurance Corporation. ``(B) Investment.--The Board of Directors of the Federal Deposit Insurance Corporation shall invest such portion of the trust fund established under subparagraph (A) as, in the judgment of the Board of Directors, is not required to meet the short-term requirements of the Resolution Trust Corporation or the Savings Association Insurance Fund. ``(C) Interest.--Interest earned on investments of the trust fund shall be paid to the Financing Corporation to meet interest payments, issuance costs, and custodial fees on obligations issued by the Financing Corporation. ``(D) Availability of trust fund principal as backstop for saif.--The balance in the trust fund shall be available to the Federal Deposit Insurance Corporation to cover losses incurred, or reasonably anticipated to be incurred, by the Savings Association Insurance Fund until the reserve ration of the Savings Association Insurance Fund first meets or exceeds the applicable designated reserve ratio. ``(E) Return of unexpended principal to treasury.-- After the maturity and full repayment of all obligations issued by the Financing Corporation under section 21, any remaining balance in the trust fund shall be returned to the general fund of the Treasury and the trust fund shall be abolished.''. (b) Technical and Conforming Amendments.-- (1) Section 21A(i)(5) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(i)(5)) is amended-- (A) by striking ``or to meet the requirements of section 11(a)(6)(F) of the Federal Deposit Insurance Act''; and (B) by striking ``general fund of the Treasury'' and inserting ``trust fund established pursuant to paragraph (7)(A)''. (2) Section 11(a)(6) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(6)) is amended by striking subparagraph (F). (3) Section 11(a)(6)(K) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(6)(K)) is amended by striking ``or (F)''. SEC. 3. CLARIFICATION OF EXISTING LAW. (a) Congressional Declaration.--The Congress declares as follows: (1) The Financing Corporation was established pursuant to the amendments made by title III of the Competitive Equality Banking Act of 1987 for the sole purpose of providing additional funding to the Federal Savings and Loan Insurance Corporation to meet the deposit insurance obligations of the Corporation with respect to savings associations. (2) The interest payments, issuance costs, and custodial fees on obligations issued by the Financing Corporation are paid, pursuant to section 21 of the Federal Home Loan Bank Act, by assessments on savings associations. (3) The total amount of assessments paid by savings associations to the Federal Savings and Loan Insurance Corporation, and since 1989, to the Federal Deposit Insurance Corporation, as premiums for deposit insurance are required to be reduced by the amount of the assessments paid by such associations to the Financing Corporation in recognition of the fact that the latter assessments are being made to finance the insurance obligations incurred with respect to savings associations. (b) Treatment of FICO Assessments.--The assessments paid by Savings Association Insurance Fund members to the Financing Corporation shall be treated as insurance outlays for purposes of Federal law. SEC. 4. 1-TIME SPECIAL SAIF CAPITALIZATION ASSESSMENT. Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by adding at the end the following new paragraph: ``(8) Special 1-time assessment to recapitalize saif.-- ``(A) In general.--The Corporation may, in the discretion of the Board of Directors, impose a special assessment on each Savings Association Insurance Fund member in an amount not greater than 0.40 percent of the assessment base, as of January 1, 1995, on which assessments are imposed under the risk-based assessment system established pursuant to paragraph (1). ``(B) Deposit of assessment in saif.--The proceeds of any assessment imposed under subparagraph (A) shall be deposited in the Savings Association Insurance Fund. ``(C) Imposition over period of years.--The assessment authorized under subparagraph (A) may be imposed incrementally over such period of years as the Board of Directors may determine to be appropriate, except the larger percentage of any such incremental assessment shall be allocated to the first year of the effective period for such assessment. ``(D) Abatement for troubled institutions.--The Board of Directors may abate any portion of any assessment under this paragraph in the case of any undercapitalized institution or any institution which would become undercapitalized as a result of the imposition of such assessment.''. SEC. 5. REPEAL OF MINIMUM SAIF ASSESSMENT RULE. Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by striking subparagraph (E). SEC. 6. LIMIT ON DIFFERENTIAL BETWEEN ASSESSMENT RATES IMPOSED ON FORMER BIF MEMBERS AND FORMER SAIF MEMBERS. Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by inserting after paragraph (G) the following new subparagraph: ``(H) Cap on differential between former bif and saif members.--The average assessment rate under the risk-based assessment system for insured depository institutions which, as of December 31, 1994, were Savings Association Insurance Fund members, including the special assessment under paragraph (9), shall not exceed the average assessment rate under the risk-based assessment system for insured depository institutions which, as of December 31, 1994, were Bank Insurance Fund members by more than 9 basis points.''.

Financing Corporation and Savings Association Insurance Fund Reform Act of 1995 - Amends the Federal Home Loan Bank Act to direct the Secretary of the Treasury to transfer into a trust fund managed by the Federal Deposit Insurance Corporation (FDIC) certain funds appropriated (but not yet paid) to the Resolution Trust Corporation (RTC). Instructs the FDIC Board of Directors to invest trust fund proceeds not required to meet the short-term requirements of either the RTC or the Savings Association Insurance Fund (SAIF). Mandates that: (1) the interest earned on such trust fund investments be paid to meet the obligations of the Financing Corporation; (2) the balance in such trust fund be made available to cover actual or anticipated SAIF losses until its reserve ratio meets or exceeds the applicable designated reserve ratio; (3) the trust fund be abolished and any remaining balance returned to the Treasury after the Financing Corporation has repaid certain obligations; and (4) the assessments paid by SAIF members to the Financing Corporation be treated as insurance outlays for purposes of Federal law. Amends the Federal Deposit Insurance Act (FDIA) to authorize the FDIC to impose a one-time special SAIF capitalization assessment on each SAIF member. Amends the FDIA to repeal the minimum assessments requirements for any deposit insurance fund risk-based assessment system. Limits the average assessment rate differential between former Bank Insurance Fund and SAIF members to a maximum of nine basis points.

Financing Corporation and Savings Association Insurance Fund Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Procedure Reform Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) The cost and burden of regulations have risen to historic highs. (2) The number of people writing Federal regulations has grown dramatically from 106,000 in 1989 to 122,440 in 1992--a 15 percent increase in just 3 years. (3) The Federal Government currently has 125,000 bureaucrats working on 5,000 regulations promulgated by 59 different Federal agencies. (4) The 1993 regulatory output of the Federal Government numbered 69,688 pages of regulations, with the Code of Federal Regulations taking up 21 feet of shelf space. (5) The Office of the Federal Register, the publisher of the journal of Federal agency rule making, now teaches classes to assist manufacturers in reading new regulations and proposals. (6) The total cost of administering the Federal regulatory apparatus in fiscal year 1993 was $11,300,000,000. (7) It is estimated that the total cost of regulation of manufacturing approximated, and in some studies exceeded, aggregate after-tax manufacturing profits. (8) The cost of regulatory compliance drains funds for research, job creation, training, wages, and employment benefits. (9) In a February 1993 survey of leading manufacturing chief executive officers, government mandates, including regulations, were identified as the government policies which have done the most to harm United States manufacturing employment in the past 5 years. (10) The vast scope, rigid construction, and costly impact of State and Federal regulatory schemes has created the perception of a hostile climate for manufacturing. SEC. 3. RULE MAKING NOTICES FOR MAJOR RULES. Section 553 of title 5, United States Code, is amended by adding at the end the following: ``(f)(1)(A) The head of an agency shall publish in the Federal Register, at least 90 days before the date of publication of general notice under subsection (b) for a proposed major rule, a notice of intent to engage in rule making. ``(B) A notice under subparagraph (A) for a proposed major rule shall include, to the extent possible, the information required to be included in a Regulatory Impact Analysis for the rule under section 5(c) (1), (2), and (8) of the Administrative Procedure Reform Act of 1994. ``(2) The head of an agency shall include in a general notice under subsection (b) for a major rule proposed by the agency-- ``(A) a final Regulatory Impact Analysis for the rule prepared in accordance with section 5 of the Administrative Procedure Reform Act of 1994; and ``(B) clear delineation of all changes in the information included in the final Regulatory Impact Analysis under section 5(c)(1) and (2) of the Administrative Procedure Reform Act of 1994 from any such information that was included in the notice for the rule under paragraph (1)(B) of this subsection. ``(3) In this subsection, the term `major rule' has the meaning given that term in section 5(b) of the Administrative Procedure Reform Act of 1994.''. SEC. 4. HEARING REQUIREMENT FOR PROPOSED RULES; EXTENSION OF COMMENT PERIOD. (a) Hearing Requirement.--Section 553 of title 5, United States Code, is further amended-- (1) in subsection (b), in the matter following paragraph (3), by inserting ``(except subsection (g))'' after ``this subsection''; and (2) by adding after subsection (f) (as added by section 3 of this Act) the following: ``(g) If more than 100 interested persons acting individually submit comments to an agency regarding any rule proposed by the agency, the agency shall hold a public hearing on the proposed rule.''. (b) Extension of Comment Period.--Section 553 of title 5, United States Code, is further amended by adding after subsection (g) (as added by subsection (a)(2) of this section) the following: ``(h) If during the 30-day period beginning on the date of publication of notice under subsection (f)(1)(A) for a proposed major rule, or if during the 30-day period beginning on the date of publication or service of notice required by subsection (b) for a proposed rule, more than 100 persons individually contact the agency to request an extension of the period for making submissions under subsection (c) pursuant to the notice, the agency-- ``(1) shall provide an additional 30-day period for making those submissions; and ``(2) may not adopt the rule until after that additional period.''. (c) Response to Comments.--Section 553(c) of title 5, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) The head of an agency shall publish in the Federal Register with each rule published under section 552(a)(1)(D) of this title, responses to the substance of all comments received by the agency regarding the rule.''. SEC. 5. REGULATORY IMPACT ANALYSIS. (a) Application of Executive Order as Statutory Requirement.-- Except as otherwise provided in this section, Executive Order 12866 (relating to Federal regulation requirements and regulatory impact analysis), as in effect on September 30, 1993, shall apply to each agency in accordance with the provisions of the Order. (b) Definition of Major Rule in Order.--Notwithstanding section 1(b) of the Order, for purposes of subsection (a) of this section, the term ``major rule'' means any proposed regulatory action-- (1) which affects more than 100 persons; or (2) compliance with which will require the expenditure of more than $1,000,000 by any person which is not a Federal agency. (c) Contents of Regulatory Impact Analyses.--In lieu of the information specified in section 3(d) of the Order, each preliminary and final Regulatory Impact Analysis required under section 3 of the Order for a rule shall contain the following: (1) An explanation of the necessity, appropriateness and reasonableness of the rule. (2) A description of the current condition that the rule will address and how that condition will be affected by the rule. (3) A statement that the rule does not conflict with nor duplicate any other rule, or an explanation of why the conflict or duplication exists. (4) A statement of whether the rule is in accord with or in conflict with any legal precedent. (5) A statement of the factual, scientific, or technical basis for the agency's determination that the rule will accomplish its intended purpose. (6) A statement that describes and, to the extent practicable, quantifies the risks to human health or the environment to be addressed by the rule. (7) A demonstration that the rule provides the least costly or least intrusive approach for meeting its intended purpose. (8) A description of any alternative approaches considered by the agency or suggested by interested persons and the reasons for their rejection. (9) An estimate of the nature and number of persons to be regulated or affected by the rule. (10) An estimate of the costs that will be incurred by persons in complying with the rule. (11) An evaluation of the costs versus the benefits derived from the rule, including evaluation of how those benefits outweigh the cost. (12) Whether the rule will require onsite inspections. (13) An estimate of the paperwork burden on persons regulated or affected by the rule, such as the number of forms, impact statements, surveys, and other documents required to be completed by the person under the rule. (14) Whether persons will be required by the rule to maintain any records which will be subject to inspection. (15) Whether persons will be required by the rule to obtain licenses, permits, or other certifications, and the fees and fines associated therewith. (16) Whether persons will be required by the rule to appear before the agency. (17) Whether persons will be required by the rule to disclose information on materials or processes, including trade secrets. (18) Whether persons will be required by the rule to report any particular type of incidents. (19) Whether persons will be required by the rule to adhere to design or performance standards. (20) Whether persons may need to retain or utilize any lawyer, accountant, engineer, or other professional consultant in order to comply with the regulations. (21) An estimate of the costs to the agency for implementation and enforcement of the regulations. (22) Whether the agency can be reasonably expected to implement the rule with the current level of appropriations. (23) A statement that any person may submit comments on the Regulatory Impact Analysis to the Administrator of the Office of Information and Regulatory Affairs. (d) Definitions.--In this section-- (1) the term ``Order'' means Executive Order 12866, as in effect on September 30, 1993; and (2) each of the terms ``agency'', ``regulation'', and ``rule'' has the meaning given that term in section 1 of the Order. SEC. 6. ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. An agency may not adopt a major rule unless the final Regulatory Impact Analysis for the rule is approved in writing by the Director of the Office of Management and Budget or by an individual designated by the Director for that purpose. SEC. 7. STANDARD OF CLARITY. The head of an agency may not publish in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the Director of the Office of Management and Budget certifies that the proposed major rule, summary, or Analysis-- (1) is written in a reasonably simple and understandable manner and is easily readable; (2) is written to provide adequate notice of the content of the rule, summary, or Analysis to affected persons and interested persons that have some subject matter expertise; (3) conforms to commonly accepted principles of grammar; (4) contains only sentences that are as short as practical and organized in a sensible manner; and (5) does not contain any double negatives, confusing cross references, convoluted phrasing, unreasonably complex language, or term of art or word with multiple meanings that may be misinterpreted and is not defined in the rule, summary, or analysis, respectively. SEC. 8. REPORT BY OIRA. The Administrator of the Office of Information and Regulatory Affairs shall submit a report to the Congress no later than 12 months after the date of the enactment of this Act containing an analysis of rule making procedures of Federal agencies and an analysis of the impact of those rule making procedures on the regulated public and regulatory process. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) except as provided in section 5(d)(2), each of the terms ``agency'', ``rule'', and ``rule making'' has the meaning given that term in section 551 of title 5, United States Code; and (2) the term ``major rule'' has the meaning given that term in section 5(b).

Administrative Procedure Reform Act of 1994 - Amends Federal law to require a Federal agency head to publish in the Federal Register a notice of intent to engage in major rulemaking which contains a Regulatory Impact Analysis. Requires a final Regulatory Impact Analysis for any final proposal for a major rule. Specifies the contents of such an Analysis, as well as hearing and comment period requirements. Defines major rule as any proposed regulatory action: (1) which affects more than 100 persons; or (2) compliance with which will require the expenditure of over $1 million by any person which is not a Federal agency. Prohibits an agency from adopting a major rule unless its final Regulatory Impact Analysis is approved by the Director of the Office of Management and Budget. Sets forth a standard of clarity for major rules. Directs the Administrator of the Office of Information and Regulatory Affairs to report to the Congress an analysis of the rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process.

Administrative Procedure Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteeing a United and Resolute Defense Act of 2003''. SEC. 2. ASSISTANCE FOR NATIONAL GUARD HOMELAND SECURITY ACTIVITIES. (a) In General.--Title 32, United States Code, is amended by inserting after section 112 the following new section: ``Sec. 112a. Homeland security activities ``(a) Funding Assistance.--The Secretary of Defense may provide funds to the Governor of a State that has a homeland security activities plan in effect that satisfies the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State for service performed for the purpose of homeland security while not in Federal service. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of the State that are used for the purpose of homeland security. ``(3) The procurement of services and the purchase or leasing of equipment for the National Guard of that State for use for the purpose of homeland security. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State homeland security activities plan, be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out homeland security activities. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph, and may participate in additional training for the purpose of promoting military readiness, to include attendance at schools. The pay, allowances, and other benefits of the member while participating in such training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out homeland security activities. The member is not entitled to additional pay, allowances, or other benefits for participating in such training while serving on full-time National Guard duty under orders authorized under paragraph (1). ``(B) Appropriations available for the Department of Defense for homeland security activities may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. ``(c) Homeland Security Activities Plan Requirements.--The homeland security activities plan of a State-- ``(1) shall specify how personnel and equipment of the National Guard of the State are to be used in homeland security activities and include a detailed explanation of the reasons why the National Guard should be used for the specified activities; ``(2) shall describe in detail how any available National Guard training facilities, including any distance learning programs and projects, are to be used; ``(3) shall include the Governor's certification that the activities under the plan are to be conducted at a time when the personnel involved are not in Federal service; ``(4) shall include the Governor's certification that participation by National Guard personnel in the activities under the plan is service in addition to training required under section 502 of this title; ``(5) shall include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; ``(6) shall include the Governor's certification that the Governor or a civilian official of the State designated by the Governor has determined that any activities to be carried out in conjunction with Federal agencies under the plan are in furtherance of the homeland security activities specified under paragraph (1); and ``(7) may provide for the use of personnel and equipment of the National Guard of that State to assist the Directorate of Immigration Affairs of the Department of Homeland Security in the transportation of aliens who have violated a Federal or State law. ``(d) Relationship to State Drug Interdiction and Counter-Drug Activities Plan.--A State drug interdiction and counter-drug activities plan referred to in section 112 of this title may be included as an annex to the State's homeland security activities plan. If included as an annex and approved under section 112(d) of this title, the Governor of the State may-- ``(1) authorize the use of services, supplies, and equipment procured under subsection (a)(3), and personnel performing full-time National Guard duty under subsection (b), to support drug interdiction and counter-drug activities carried out under section 112 of this title, if the Governor determines that such use is necessary to accomplish the purposes of the State drug interdiction and counter-drug activities plan and will not adversely affect the performance of homeland security activities; and ``(2) authorize the use of services, supplies, and equipment procured under section 112(a) of this title, and personnel performing full-time National Guard duty under section 112(b) of this title, to support homeland security activities carried out under this section, if the Governor determines that such use is necessary to accomplish the purposes of the State homeland security activities plan and will not adversely affect the performance drug interdiction and counter-drug activities. ``(e) Examination and Approval of Plan.--The Secretary of Defense shall examine the adequacy of each homeland security activities plan of a State and, if the plan is determined adequate, approve the plan. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress an annual report on the assistance provided under this section during the preceding fiscal year, including the activities carried out with such assistance. The report shall include the following: ``(1) A description of the homeland security activities conducted under homeland security activities plans with funds provided under this section. ``(2) An accounting of the funds provided to each State under this section. ``(3) An analysis of the effects on military training and readiness of using units and personnel of the National Guard to perform activities under the homeland security activities plans. ``(g) Statutory Construction.--Nothing in this section shall be construed as limiting the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `Governor', in the case of the District of Columbia, means the commanding general of the National Guard of the District of Columbia. ``(2) The term `homeland security activities', with respect to the National Guard of a State, means the use of National Guard personnel, when authorized by the law of the State and requested by the Governor of the State, to prevent, deter, defend against, and respond to an attack or threat of attack on the people and territory of the United States. ``(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: ``112a. Homeland security activities.''. SEC. 3. AUTHORITY FOR MEMBERS OF NATIONAL GUARD TO PARTICIPATE IN ADDITIONAL MILITARY TRAINING WHILE ON ORDERS TO SUPPORT COUNTER-DRUG ACTIVITIES. Section 112(b)(2)(A) of title 32, United States Code, is amended-- (1) by inserting after the first sentence the following: ``The member may participate in additional training for the purpose of promoting military readiness, to include attendance at schools.''; and (2) in the last sentence, by striking ``in training required under section 502(a)(1) of this title'' and inserting ``in such training while serving on full-time National Guard duty under orders authorized under paragraph (1)''.

Guaranteeing a United and Resolute Defense Act of 2003 - Authorizes the Secretary of Defense to provide funds to the governor of a State who submits, and receives approval of, a plan for the use of personnel and equipment of the State's National Guard in homeland security activities. Provides authorized uses of such funding, including: (1) pay, allowances, and clothing; (2) equipment and facilities operation and maintenance; and (3) procurement of related services. Authorizes State National Guard personnel to perform full-time National Guard duty to carry out homeland security activities under a State plan. Allows a current State drug interdiction and counter-drug activities plan to be included as an annex to a State's homeland security activities plan. Authorizes National Guard personnel, while on orders to support counter-drug activities, to participate in additional military training to promote military readiness, including attendance at schools.

To amend title 32, United States Code, to provide assistance to States for the discharge of homeland security activities by the National Guard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surplus Uranium Disposition Act of 2010''. SEC. 2. BARTER, TRANSFER, OR SALE OF SURPLUS URANIUM. (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170J. BARTER, TRANSFER, OR SALE OF SURPLUS URANIUM. ``(a) Definitions.--In this section: ``(1) Commission.--The term `Commission' means the Nuclear Regulatory Commission. ``(2) Department.--The term `Department' means the Department of Energy. ``(3) Initial core.--The term `initial core' means the quantity of uranium required to fuel the first operating cycle of a newly constructed nuclear reactor located in the United States. ``(4) Long-term contract.--The term `long-term contract' means a contract-- ``(A) entered into under subsection (e); and ``(B) the duration of which is not less than 3 years. ``(5) Reserve inventory.--The term `reserve inventory' means the quantity of the excess uranium stockpile of the Department, the barter, sale, or transfer of which is prohibited except in the case of a national energy emergency, as declared by the President under subsection (l)(2). ``(6) Secretary.--The term `Secretary' means the Secretary of Energy. ``(7) Uranium.--The term `uranium' means any form of surplus uranium from the inventory of the Department. Any reference in this section to a quantity of uranium means a quantity of natural uranium (uranium containing 0.711 percent U-235) or its equivalent. ``(b) Authority of Secretary.--As soon as practicable after the date of enactment of this section, the Secretary may barter, transfer, or sell to eligible entities, at fair market value, uranium in accordance with this section. ``(c) Eligible Entities.-- ``(1) Barters, transfers, or sales for initial cores.--To be eligible to obtain uranium under subsection (d)-- ``(A) an eligible entity shall have submitted to the Commission an application for a combined operating license for a reactor; and ``(B) the Commission shall have approved, or agreed to review, the application. ``(2) Additional barters, transfers, or sales.--To be eligible to obtain uranium under subsection (e), an eligible entity shall possess a license from the Commission. ``(d) Barters, Transfers, or Sales for Initial Cores.--The Secretary shall offer to barter, transfer, or sell to eligible entities, on a first-come, first-served basis and at fair market value, 20,000,000 pounds of uranium for initial cores for projects to build new reactors. ``(e) Additional Barters, Transfers, or Sales.--In addition to initial core barters, transfers, or sales under subsection (d), the Secretary may barter, transfer, or sell to eligible entities, on a first-come, first-served basis and at fair market value, uranium in accordance with the following schedule: ------------------------------------------------------------------------ Million ``Year pounds Uranium ------------------------------------------------------------------------ 2010....................................................... 3.0 2011....................................................... 3.3 2012....................................................... 3.8 2013 and each subsequent year.............................. 5.0 ------------------------------------------------------------------------ ``(f) Transparency and Competitive Procedures.--In making barters, transfers, or sales of uranium to eligible entities under this section, the Secretary shall ensure, to the maximum extent practicable, that-- ``(1) the United States receives the fair market value for any uranium bartered, transferred, or sold to the entities; and ``(2) any barter, transfer, or sale under this section is conducted in a transparent and competitive manner. ``(g) Sale of Bartered or Transferred Uranium.--If the Secretary barters or transfers uranium under this section, any uranium sold by the recipient shall be-- ``(1) sold at fair market value; and ``(2) considered part of the annual sales quantity of the Department for the year bartered or transferred. ``(h) Dissemination Requirement.--Not later than 14 days before the date on which the Secretary barters, transfers, or sells to an eligible entity any uranium under this section, the Secretary shall publish in the Federal Register, with respect to the barter, transfer, or sale, the determination required by the Secretary under section 3112(e)(2) of the USEC Privatization Act (42 U.S.C. 2297h-10(e)(2)). ``(i) Other Programs.-- ``(1) Compliance.--In carrying out this section, the Secretary shall comply with-- ``(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(B) section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10); and ``(C) other applicable provisions of law (including regulations). ``(2) Use of proceeds.--No funds or other value obtained from the barter, transfer, or sale of uranium under this section may be used to carry out other programs of the Department without a specific appropriation by Congress. ``(j) Schedule.--The Secretary shall ensure that long-term contracts cover not less than 50 percent of the quantity of uranium bartered, transferred, or sold under this section during each calendar year. ``(k) Department Needs.--Notwithstanding any other provision of this section, the Secretary shall maintain a sufficient inventory of uranium to meet the current and foreseeable needs of the missions and programs of the Department, including missions and programs of-- ``(1) the National Nuclear Security Agency; ``(2) the Office of Nuclear Energy, Science, and Technology Programs; ``(3) the Office of the Assistant Secretary for Environmental Management; and ``(4) other agencies of the Department, as determined by the Secretary. ``(l) Reserve Inventory.-- ``(1) In general.--The Secretary shall maintain a reserve inventory of uranium that contains not less than 20,000,000 pounds of uranium. ``(2) National energy emergency.--The Secretary shall release uranium from the reserve inventory only in the case of a national energy emergency declared by the President.''. (b) Technical Amendment.--Section 11 f. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(f)) is amended by striking ``Atomic Energy Commission'' and inserting ``Nuclear Regulatory Commission''.

Surplus Uranium Disposition Act of 2010 - Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to barter, transfer, or sell uranium to eligible entities at fair market value. Requires eligible entities to: (1) obtain a combined operating license for a reactor approved by the Nuclear Regulatory Commission (NRC); and (2) possess a license from the NRC in order to obtain uranium under this Act. Requires the Secretary of Energy to offer to barter, transfer, or sell to eligible entities, on a first-come, first-served basis and at fair market value, 20 million pounds of uranium for initial cores for projects to build new reactors. Authorizes the Secretary to barter, transfer, or sell uranium to eligible entities on a first-come, first-served basis, at fair market value following a prescribed schedule for 2010-2013 and subsequent years. Requires a recipient to sell such uranium at fair market value. Prohibits the use of funds or other value obtained from the barter, transfer, or sale of uranium, without a specific appropriation by Congress, to implement other programs of the Department of Energy (DOE). Requires the Secretary to: (1) maintain a sufficient inventory of uranium to meet current and foreseeable needs of the missions and programs of DOE and designated agencies; and (2) maintain a reserve inventory of uranium that contains at least 20 million pounds of uranium. Permits the Secretary to release uranium from the reserve inventory only if a national energy emergency is declared by the President.

A bill to amend the Atomic Energy Act of 1954 to authorize the Secretary of Energy to barter, transfer, or sell surplus uranium from the inventory of the Department of Energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Access to Medical Records Act''. SEC. 2. FULL ACCESS TO MEDICARE INFORMATION BY THE AUTHORIZED REPRESENTATIVE OF A DECEASED BENEFICIARY. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``full access to medicare information by the authorized representative of a deceased beneficiary ``Sec. 1899. (a) In General.--In the case of the death of an individual entitled to, or enrolled for, benefits under part A or enrolled for benefits under part B, the Secretary shall-- ``(1) make available to the authorized representative of the individual all information concerning the individual's benefits under this title, including-- ``(A) the coverage and status of such benefits (as of the day before the individual's death); and ``(B) billing, claims, and payment information regarding items and services furnished to the individual under this title (on or before such day); and ``(2) provide such authorized representative access to any source of information maintained by the Federal government with respect to such benefits, including online databases, that the individual had access to during his or her lifetime. ``(b) Definition of Authorized Representative; Special Rules.-- ``(1) In general.--In this section, the term `authorized representative' means an executor, administrator, or other individual who has authority to act on the deceased individual's behalf (as determined by the Secretary under paragraph (2)). ``(2) Determination of authorized representative.-- ``(A) In general.--The Secretary shall establish procedures under which the Secretary determines whether an individual is an authorized representative of the deceased individual. Under such procedures, the individual seeking such determination shall provide evidence (in such form and such manner as specified by the Secretary) of the individual's legal authority to act on behalf of the deceased individual. ``(B) Timeline for determination.--The Secretary shall make a determination under subparagraph (A) not later than 30 days after receipt of the evidence described in such subparagraph. ``(3) Notification and access to information.--After making a determination under paragraph (2) with respect to an individual, the Secretary shall-- ``(A) notify the individual of the determination not later than 7 days after the date on which the determination is made; and ``(B) in the case where such individual is so determined to be the authorized representative of the deceased individual, as soon as practicable-- ``(i) make available to the authorized representative the information described in paragraph (1) of subsection (a); and ``(ii) provide the authorized representative access to the sources described in paragraph (2) of such subsection.''. (b) Effective Date.--The amendment made by this section shall take effect on the date that is 60 days after the date of enactment of this Act. SEC. 3. FULL ACCESS TO MEDICAID INFORMATION BY THE AUTHORIZED REPRESENTATIVE OF A DECEASED BENEFICIARY. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following new section: ``full access to medicaid information by the authorized representative of a deceased beneficiary ``Sec. 1943. (a) In General.--In the case of the death of an individual enrolled under the State plan for medical assistance or under a waiver of such plan, the State Medicaid agency shall-- ``(1) make available to the authorized representative of the individual all information concerning the individual's benefits under this title, including-- ``(A) the coverage and status of such benefits (as of the day before the individual's death); and ``(B) billing, claims, and payment information regarding items and services furnished to the individual under this title (on or before such day); and ``(2) provide such authorized representative access to any source of information maintained by the State with respect to such benefits, including online databases, that the individual had access to during his or her lifetime. ``(b) Definition of Authorized Representative; Special Rules.-- ``(1) In this section, the term `authorized representative' means an executor, administrator, or other individual who has authority to act on the deceased individual's behalf (as determined by the State Medicaid agency under paragraph (2)). ``(2) Determination of authorized representative.-- ``(A) In general.--The State Medicaid agency shall establish procedures under which such agency determines whether an individual qualifies as an authorized representative of the deceased individual. Under such procedures, the individual seeking such a determination shall provide evidence (in such form and such manner as specified by the State Medicaid Agency) of the individual's legal authority to act on behalf of the deceased individual. ``(B) Timeline for determination.--The State Medicaid agency shall make a determination under subparagraph (A) not later than 30 days after receipt of the evidence described in such subparagraph. ``(3) Notification and access to information.--After making a determination under paragraph (2) with respect to an individual, the State Medicaid Agency shall-- ``(A) notify the individual of the determination not later than 7 days after the date on which the determination is made; and ``(B) in the case where such individual is so determined to be the authorized representative of the deceased individual, as soon as practicable-- ``(i) make available to the authorized representative the information described in paragraph (1) of subsection (a); and ``(ii) provide the authorized representative access to the sources described in paragraph (2) of such subsection. ``(c) Definition of State Medicaid Agency.--The term `State Medicaid agency' means the State agency responsible for administering the State plan established under this title or any waiver of such plan.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall take effect on the date that is 60 days after the date of enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under this title which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

Expanding Access to Medical Records Act - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the Secretary of Health and Human Services (HHS) grant the authorized representative of a deceased beneficiary full access to information with respect to the deceased beneficiary's benefits under the Medicare and Medicaid programs.

A bill to amend titles XVIII and XIX of the Social Security Act to provide the authorized representative of a deceased beneficiary full access to information with respect to the deceased beneficiary's benefits under the Medicare and Medicaid programs.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) In General.--This Act may be cited as the ``Water Quality Protection and Job Creation Act of 2016''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Amendment of Federal Water Pollution Control Act. TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance Sec. 101. Technical assistance. Sec. 102. State management assistance. Sec. 103. Watershed pilot projects. Sec. 104. Nonpoint source management programs. Subtitle B--State Water Pollution Control Revolving Funds Sec. 111. Capitalization grant agreements. Sec. 112. Water pollution control revolving loan funds. Sec. 113. State planning assistance. Sec. 114. Intended use plan. Sec. 115. Technical assistance. Sec. 116. Authorization of appropriations. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS Sec. 201. Pilot program for alternative water source projects. Sec. 202. Sewer overflow control grants. SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. 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 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance SEC. 101. TECHNICAL ASSISTANCE. (a) Technical Assistance for Rural and Small Treatment Works.-- Section 104(b) (33 U.S.C. 1254(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations-- ``(A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c); ``(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting before the period at the end the following: ``; and (7) not to exceed $100,000,000 for each of fiscal years 2017 through 2021 for carrying out subsections (b)(3), (b)(8), and (g), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection (b)(8)''. SEC. 102. STATE MANAGEMENT ASSISTANCE. (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. 1256(a)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the semicolon at the end of paragraph (2) and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) such sums as may be necessary for each of fiscal years 1991 through 2016, and $300,000,000 for each of fiscal years 2017 through 2021;''. (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is amended by striking ``Beginning in fiscal year 1974 the'' and inserting ``The''. SEC. 103. WATERSHED PILOT PROJECTS. Section 122(c) is amended to read as follows: ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2017 through 2021.''. SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS. Section 319(j) (33 U.S.C. 1329(j)) is amended by striking ``$70,000,000'' and all that follows through ``fiscal year 1991'' and inserting ``$200,000,000 for each of fiscal years 2017 through 2021''. Subtitle B--State Water Pollution Control Revolving Funds SEC. 111. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) in paragraph (13)(B)(iii), by striking ``; and'' and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2016, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for projects or activities included on the State's priority list under section 603(g), to the extent that there are sufficient applications for such assistance.''. SEC. 112. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; and ``(9) to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest.''. SEC. 113. STATE PLANNING ASSISTANCE. Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1 percent'' and inserting ``2 percent''. SEC. 114. INTENDED USE PLAN. (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Priority List.-- ``(1) In general.--For fiscal year 2017 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State's water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State's water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under subsection (c)(2), the State may include on such list a category or subcategory of nonpoint sources of pollution to be addressed. ``(2) Methodology.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State shall establish a methodology for developing a priority list under paragraph (1). ``(B) Priority for projects and activities that achieve greatest water quality improvement.--In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration-- ``(i) the requirements of section 602(b)(5); ``(ii) whether such water quality improvements would be realized without assistance under this title; and ``(iii) whether the proposed projects and activities would address water quality impairments associated with existing treatment works. ``(C) Considerations in selecting projects and activities.--In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider-- ``(i) information developed by the State under sections 303(d) and 305(b); ``(ii) the State's continuing planning process developed under sections 205(j) and 303(e); ``(iii) whether such project or activity may have a beneficial impact related to the purposes identified under section 302(a); ``(iv) the State's management program developed under section 319; and ``(v) conservation and management plans developed under section 320 with respect to an estuary lying in whole or in part within the State. ``(D) Nonpoint sources.--For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities carried out pursuant to the listing of such categories or subcategories. ``(E) Existing methodologies.--If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection.''. (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is amended-- (1) in the matter preceding paragraph (1) by inserting ``and publish'' after ``each State shall annually prepare''; (2) by striking paragraph (1) and inserting the following: ``(1) the State's priority list developed under section 603(g);''; (3) in paragraph (4), by striking ``and'' at the end; (4) by striking the period at the end of paragraph (5) and inserting ``; and''; and (5) by adding at the end the following: ``(6) if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate.''. (c) Transitional Provision.--Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act. SEC. 115. TECHNICAL ASSISTANCE. Section 607 is amended to read as follows: ``SEC. 607. TECHNICAL ASSISTANCE. ``(a) Simplified Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title. ``(b) Publication of Manual.--Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.''. SEC. 116. AUTHORIZATION OF APPROPRIATIONS. Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end the following: ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out the purposes of this title the following sums: ``(1) $2,000,000,000 for fiscal year 2017. ``(2) $3,000,000,000 for fiscal year 2018. ``(3) $4,000,000,000 for fiscal year 2019. ``(4) $5,000,000,000 for fiscal year 2020. ``(5) $6,000,000,000 for fiscal year 2021.''. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Committee Resolution Procedure.--Section 220 (33 U.S.C. 1300(e)) is amended by striking subsection (e) and redesignating subsections (f) through (j) as subsections (e) through (i), respectively. (c) Definitions.--Section 220(h)(1) (as redesignated by subsection (c) of this section) is amended by striking ``or wastewater or by treating wastewater'' and inserting ``, wastewater, or stormwater or by treating wastewater or stormwater''. (d) Authorization of Appropriations.--Section 220(i) (as redesignated by subsection (c) of this section) is amended by striking ``$75,000,000 for fiscal years 2002 through 2004'' and inserting ``$75,000,000 for each of fiscal years 2017 through 2021''. SEC. 202. SEWER OVERFLOW CONTROL GRANTS. Section 221 (33 U.S.C. 1301) is amended-- (1) by amending the section heading to read as follows: ``sewer overflow and stormwater reuse municipal grants''; (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Grants to states.--The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater. ``(2) Direct municipal grants.--Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).''; (3) by amending subsection (e) to read as follows: ``(e) Administrative Requirements.--A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of title VI relating to the application of section 513 are inconsistent with the purposes of this section.''; (4) by amending subsection (f) to read as follows: ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2017 through 2021. ``(2) Minimum allocations.--To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.''; and (5) by amending subsection (g) to read as follows: ``(g) Allocation of Funds.-- ``(1) Fiscal year 2017.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2017 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). ``(2) Fiscal year 2018 and thereafter.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2018 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls, sanitary sewer overflow controls, and stormwater identified in the most recent survey conducted pursuant to section 516 and any other information the Administrator considers appropriate.''.

Water Quality Protection and Job Creation Act of 2016 The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize through FY2021 and revise specified wastewater infrastructure programs and water pollution control programs, including the clean water state revolving fund program and a grant program for protecting groundwater quality.

Water Quality Protection and Job Creation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire a Hero Act''. SEC. 2. COMPETITIVE AWARD OF GRANTS TO NONPROFIT ORGANIZATIONS FOR ASSISTANCE OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES IN SECURING PRIVATE SECTOR EMPLOYMENT. (a) Findings.--Congress finds that-- (1) the unemployment rate of former members of the Armed Forces who served in Iraq or Afghanistan exceeds the national average unemployment rate; and (2) career training and employment services dedicated to providing former members of the Armed Forces with professional skills and technical competency in various trades have shown remarkable levels of success and are helping to ameliorate the high unemployment rate among former members of the Armed Forces. (b) Sense of Congress.--It is the sense of Congress that the Federal Government should support private sector employment initiatives for military personnel in order to help ensure that those who serve or have served in the Armed Forces have access to gainful employment. (c) Award of Grants.-- (1) In general.--The Chief of the National Guard Bureau may, utilizing amounts authorized to be appropriated by subsection (h), award grants to nonprofit organizations to assist individuals described in paragraph (2) in securing employment in the private sector. The nonprofit organizations to be awarded grants shall be determined on a competitive basis. (2) Covered individuals.--An individual described in this paragraph is any individual as follows: (A) A member of the National Guard or Reserve. (B) A member of the Armed Forces who is nearing separation, discharge, or release from the Armed Forces. (C) A former member of the Armed Forces. (3) Grant term.--A grant under paragraph (1) may be for a term of one or more years, as determined by the Chief of the National Guard Bureau. (4) Expenditure of funds.--The Chief of the National Guard Bureau may specify in any grant under paragraph (1) dates by which specific percentages of funds under the grant shall be expended. (5) Employment in particular areas of economy.--It is the sense of Congress that the Chief of the National Guard Bureau should, in awarding grants under this section, consider nonprofit organizations that partner with entities and associations in the private sector involved in construction, energy, transportation, aerospace, domestic security, and other areas of the economy in which the employment of individuals having past military service would be of particular utility. (d) Utilization of Grant Amounts.-- (1) In general.--A nonprofit organization awarded a grant under subsection (c) may utilize the grant for operating expenses, job training, public information activities, and such other activities as the Chief of the National Guard Bureau determines appropriate. (2) Exception for salaries.--The Chief of the National Guard Bureau shall determine the percentage of amounts received by a nonprofit organization pursuant to a grant awarded under subsection (c) that may be used to provide salaries to employees of the organization. Any such determination shall be made on a case-by-case basis. (e) Fiscal Control, Accountability, and Program Performance.--The Chief of the National Guard Bureau shall establish fiscal control, accountability, and program performance measures for nonprofit organizations awarded grants under subsection (c) in the administration of such grants. (f) Reports.-- (1) Progress report.--Not later than 180 days after the date of the enactment of this Act, the Chief of the National Guard Bureau shall submit to the congressional defense committees a report setting forth the following: (A) An assessment of the progress made toward implementing the requirements of this section. (B) A description of any grants awarded under subsection (c). (2) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Chief of the National Guard Bureau shall submit to the congressional defense committees a report containing a description of each grant awarded under subsection (c) during the preceding fiscal year. (g) Congressional Defense Committees Defined.--The term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. (h) Funding.--There is authorized to be appropriated for each of fiscal years 2008 through 2012 for the Department of Defense for operation and maintenance for the Army National Guard, $25,000,000 to carry out this section.

Hire a Hero Act - Expresses the sense of Congress that the federal government should support private sector employment initiatives for military personnel to help ensure that those who serve or have served in the Armed Forces have access to gainful employment. Authorizes the Chief of the National Guard Bureau (Chief) to award grants to nonprofit organizations to assist the following individuals in securing employment in the private sector: (1) a member of the National Guard or reserve; (2) a member of the Armed Forces who is nearing separation, discharge, or release; and (3) a former member of the Armed Forces. Expresses the sense of Congress that the Chief, in awarding such grants, should consider organizations that partner with private entities and associations involved in construction, energy, transportation, aerospace, domestic security, and other areas in which the employment of individuals having past military service would be of particular utility. Requires the Chief to establish fiscal control, accountability, and program performance measures for grantees.

A bill to authorize a competitive grant program to assist members of the National Guard and Reserve and former and current members of the Armed Forces in securing employment in the private sector, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice in Sentencing Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In August 2003, United States Supreme Court Justice Anthony Kennedy, in a speech before the annual convention of the American Bar Association, called for a reexamination of the issue of mandatory minimum sentencing and a review of ``. . . the inadequacies--and the injustices--in our penal correctional systems''. (2) Justice Kennedy stated that in too many cases, mandatory minimum sentences are unwise and unjust, and that he could ``. . . accept neither the necessity nor the wisdom of mandatory minimum sentences''. (3) Justice Kennedy concluded that in the Federal criminal justice system ``[o]ur resources are misspent, our punishments too severe, our sentences too long''. (4) In response, in October 2003, the President of the ABA created the Justice Kennedy Commission to investigate the issues raised by Justice Kennedy's August 2003 speech. (5) On June 23, 2004, the Commission issued a report, which concluded that America's criminal justice systems rely too heavily on incarceration and that they need to consider more effective alternatives, including shorter sentences, treatment and prisoner reentry programs. (6) At its August 2004 annual convention, the ABA House of Delegates adopted the recommendations of the Justice Kennedy Commission, including the recommendation to repeal mandatory minimum sentencing statutes. (7) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased by more than 2,016 percent, from $220,000,000 in 1986 to about $4,437,000,000 in 2004. (8) Mandatory minimums have not reduced sentencing discretion, but rather have transferred discretion from judges to prosecutors. Prosecutors, not judges, have the discretion to reduce a charge, accept or deny a plea bargain, reward or deny a defendant's substantial assistance or cooperation in the prosecution of someone else, and ultimately, to determine the final sentence of the defendant. (9) African Americans comprise 12 percent of the United States population, 15 percent of drug users, 17 percent of cocaine users, but 33 percent of all Federal drug convictions and 57 percent of Federal cocaine convictions. (10) In 1986, before the mandatory minimums for crack cocaine offenses became effective, the average Federal offense for African Americans was 11 percent higher than whites. Following the implementation of mandatory drug sentencing laws, the average drug offense sentence for African Americans was 49 percent higher than whites. (11) The average dealer holds a low-wage job and sells part time to obtain for his or her own use. (12) According to the Justice Department, the time spent in prison does not affect recidivism rates. (13) Largely as a result of mandatory minimum sentencing statutes, there are now more than 2,100,000 persons in prison and almost 70 percent of the people behind bars in America are persons of color. African Americans made up 40 percent of the Federal prison population in August 2003, up from 31 percent in 1986 before Federal mandatory minimums were enacted. (14) As a result of mandatory minimum sentencing statutes, particularly with respect to drug crimes, in 2001, the average Federal drug trafficking conviction was 72.7 months while the average Federal manslaughter sentence was 34.3 months, the average assault sentence 37.7 months, and the average sexual abuse sentence 65.2 months. (15) In 1999, African Americans constituted 13 percent of drug users. In that same year, African Americans constituted 35 percent of drug arrests, 53 percent of drug convictions, and 58 percent of those in prison for drug offenses. (16) Though their rates of drug use are roughly equal, because of aggressive police tactics, racial profiling, and other activities heavily targeted at street level drug activity in urban areas (as opposed to the less visible drug activity prevalent in more affluent areas), African Americans are arrested for drug offenses at six times the rate of whites. (17) Federal mandatory minimum sentences make African Americans more likely to be incarcerated and for longer periods than their white counterparts. In the year 2000, 84.7 percent of crack cocaine cases were brought against African Americans even though, in that year, African Americans comprised only about 26.6 percent of crack users. Only 5.6 percent of crack cases that year were brought against Caucasians even though they constituted 64.4 percent of crack users. (18) In the 20 years from 1981 to 2001, the sentenced portion of the Federal prison population grew from about 20,000 in 1981 to about 115,000 prisoners. During that same period, the percentage of drug offenders in Federal prison grew from 25 percent to almost 60 percent. Mandatory minimum sentences for drug crimes are the largest drivers of expanding prison populations. SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL. A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS. (a) Section 404.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended-- (1) by striking ``not less than 15 days but''; (2) by striking ``not less than 90 days but''; (3) by striking ``not less than 5 years and''; and (4) by striking the sentence beginning ``The imposition or execution of a minimum sentence''. (b) Section 401.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended.-- (1) in paragraph (1)(A)-- (A) by striking ``which may not be less than 10 years and or more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years or more than life'' the first place it appears; (C) by striking ``which may not be less than 20 years and not more than life imprisonment'' and inserting ``for any term of years or for life''; (D) by inserting ``imprisonment for any term of years or'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``If any person commits a violation of this subparagraph''; and (F) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; and (2) in paragraph (1)(B)-- (A) by striking ``which may not be less than 5 years and'' and inserting ``for''; (B) by striking ``not less than 20 years or more than'' and inserting ``for any term of years or to''; (C) by striking ``which may not be less than 10 years and more than'' and inserting ``for any term of years or for''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law''. (c) Section 1010.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years and not more than life'' the first place it appears; (C) by striking ``of not less than 20 years and not more than life imprisonment'' and inserting ``for any term of years or for life''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law''; and (2) in paragraph (2)-- (A) by striking ``not less than 5 years and''; (B) by striking ``of not less than twenty years and not more than'' and inserting ``for any term of years or for''; (C) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or to''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law''. (d) Section 418.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (e) Section 419.--Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (f) Section 420.--Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended-- (1) by striking subsection (e); and (2) in subsection (f), by striking ``, (c), and (e)'' and inserting ``and (c)''.

Justice in Sentencing Act of 2004 - Requires the Attorney General's prior written approval for a Federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams. Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment.

To repeal mandatory minimum sentencing for certain Federal crimes and restore justice and fairness to Federal sentencing practices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Act of 2003''. SEC. 2. BUSINESS CREDIT FOR SECURITY DEVICES, ASSESSMENTS, AND OTHER SECURITY-RELATED EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. CERTAIN BUSINESS SECURITY EXPENDITURES. ``(a) In General.--For purposes of section 38, the building security credit determined under this section is an amount equal to the sum of-- ``(1) 20 percent of the cost of each qualified building securities device placed in service by the taxpayer during the taxable year, ``(2) 30 percent of the qualified security assessment expenses paid or incurred by the taxpayer during the taxable year, and ``(3) 30 percent of the co-location property placed in service by the taxpayer during the taxable year. ``(b) Qualified Building Security Device.--For purposes of this section-- ``(1) Qualified building security device.--The term `qualified building security device' means a security device (to which section 168 applies)-- ``(A) which is acquired by purchase (as defined in section 179(d)(2)), and ``(B) which is used to provide security for any building used by the taxpayer in any trade or business. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(c) Qualified Security Assessment Expenses.--For purposes of this section, the term `qualified security assessment expenses' means, with respect to any business premises of the taxpayer, expenses for a security analysis of such premises, including-- ``(1) the susceptibility of such premises to security threats, ``(2) the extent to which such threats can damage or interrupt business operations at such premises, and ``(3) identifying processes that ensure the continuity of business operations following such damage or interruption at such premises. ``(d) Co-Location Property.--The term `co-location property' means buildings and equipment the exclusive purpose of which is to replicate business operations of the taxpayer in the event of damage or interruption of such operations by a terrorism-related disaster, including all computer network, telecommunication network and business process equipment or any fraction thereof as considered necessary by the business. ``(e) Recapture of Credit in Certain Cases.-- ``(1) In general.--If the taxpayer uses co-location property for a purpose other than the purpose described in subsection (d) at any time during the 5-year period beginning on the date that such property is placed in service, then the tax imposed under this chapter for the taxable year in which such use occurs is increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the aggregate decrease in the credits allowed to the taxpayer under section 38 for all prior taxable years which would have resulted if no credit had been determined under this section with respect to such property, plus ``(B) interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the building security credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the building security credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``45G. Certain business security expenditures.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. (2) Assessment expenses.--The amendments made by this section shall apply to qualified security assessment expenses paid or incurred after the date of the enactment of this Act in taxable years ending after such date.

Prevent Act of 2003 - Amends the Internal Revenue Code to establish a building security credit for the purchase of a qualified building security device used to provide security for any building used by the taxpayer in any trade or business.

To amend the Internal Revenue Code of 1986 to allow businesses a credit for security devices, assessments, and other security-related expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Predictable, Equitable, and Transparent (PET) Project Act of 2009''. SEC. 2. PREDICTABLE AND EQUITABLE EARMARKING. (a) Allocation.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Further division of amounts for appropriation earmarks.-- ``(A) In the senate.--In the Senate, of the amount allocated to the Committee on Appropriations for the first fiscal year of the resolution, not more than one half of one percent shall be allocated solely to appropriation earmarks. Within that appropriation earmark allocation, each Senator shall be entitled to request of the committee not more than \1/100\th of that amount. If a Senator makes no such request or requests less than is permitted under this subparagraph, then the unused amount shall be used to reduce the deficit. If the committee denies any request of a Senator such that his total amount of appropriation earmarks is less than his \1/100\th share, then the chairman and ranking minority member of the committee shall provide the Senator written justification for the denial of the request signed by both the chairman and ranking minority member. ``(B) In the house.--In the House of Representatives, of the amount allocated to the Committee on Appropriations for the first fiscal year of the resolution, not more than one half of one percent shall be allocated solely to appropriation earmarks. Within that appropriation earmark allocation, each Member, Delegate, and Resident Commissioner shall be entitled to request of the committee not more than \1/441\ of that amount. If a Member, Delegate, or Resident Commissioner makes no such request or requests less than is permitted under this subparagraph, then the unused amount shall be used to reduce the deficit. If the committee denies any request of a Senator such that his total amount of appropriation earmarks is less than his \1/441\ share, then the chairman of the committee shall provide the Member, Delegate, or Resident Commissioner written justification for the denial of the request signed by both the chairman and ranking minority member. ``(C) Point of order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report providing new budget authority for appropriation earmarks if-- ``(i) the enactment of that bill or resolution as reported; ``(ii) the adoption and enactment of that amendment; or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report; would cause the level of total new budget authority or total outlays for appropriation earmarks, as adjusted, set forth in the applicable concurrent resolution on the budget for the first fiscal year to be exceeded or would cause the individual allocation of any Member, Delegate, Resident Commissioner, or Senator to be breached for that fiscal year.''. (b) Definition.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11) The term `appropriation earmark' has the meaning given to the term `congressional earmark' in clause 9 of rule XXI of the Rules of the House of Representatives.''. SEC. 3. TRANSPARENT EARMARKING. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``transparent earmarking in the house of representatives and the senate ``Sec. 316. (a)(1) In the House of Representatives, a Member, Delegate, or Resident Commissioner who requests an appropriation earmark shall, within 5 legislative days after making such request-- ``(A) include the amount requested, the project name, and a project description of the matter that is the subject of that appropriation earmark, and submit such information to the Clerk for posting on the website of the Clerk; and ``(B) insert in the Congressional Record a written statement-- ``(i) including the amount requested, the project name, and a project description of the matter that is the subject of that appropriation earmark; and ``(ii) certifying that neither the Member, Delegate, or Resident Commissioner nor any family member (as defined in clause 15 of rule XXIII of the Rules of the House of Representatives) of that Member, Delegate, or Resident Commissioner has any financial interest in the appropriation earmark. ``(2) The website of the Clerk of the House of Representatives shall include an up-to-date, comprehensive and searchable database that is downloadable, sortable, and comprised of all requests for appropriation earmarks transmitted to the Clerk for the current fiscal year and the budget year pursuant to subsection (a). ``(b)(1) In the Senate, a Senator who requests an appropriation earmark shall, within 5 legislative days after making such request-- ``(A) include the amount requested, the project name, and a project description of the matter that is the subject of that appropriation earmark, and submit such information to the Clerk for posting on the website of the Clerk; and ``(B) insert in the Congressional Record a written statement-- ``(i) including the amount requested, the project name, and a project description of the matter that is the subject of that appropriation earmark; and ``(ii) certifying that neither the Senator nor any family member (as used in rule XXXV of the Standing Rules of the Senate) of that Senator has any financial interest in the appropriation earmark. ``(2) The website of the Clerk of the Senate shall include an up- to-date, comprehensive and searchable database that is downloadable and sortable and comprised of all requests for appropriation earmarks transmitted to the Clerk for the current fiscal year and the budget year pursuant to subsection (a).''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Transparent earmarking in the House of Representatives and the Senate.''. SEC. 4. HOUSE AND SENATE RULES AMENDMENTS RESPECTING EARMARKS IN CONFERENCE REPORTS. (a) In the House of Representatives.--Paragraph (b) of clause 9 of rule XXI of the Rules of the House of Representatives is amended to read as follows: ``(b) It shall not be in order to consider a conference report to accompany a regular general appropriation bill if that bill or the accompanying joint explanatory statement contains any congressional earmark that was not committed to the conference committee by either House nor in a report of a committee of either House on such bill or on a companion measure.''. (b) In the Senate.--[Language to be inserted.] SEC. 5. RULEMAKING POWER. This Act is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such 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.

Predictable, Equitable, and Transparent (PET) Project Act of 2009 - Amends the Congressional Budget Act of 1974 to limit to 1/2 of 1% the allocation solely to appropriation earmarks of the amount allocated to the Senate and House appropriations committees for the first fiscal year of a budget resolution. Entitles each Senator to 1/100th of the Senate earmark allocation and each Member of the House to 1/441 of the House earmark allocation. Makes it out of order in either chamber to consider any measure that would cause the level of total new budget authority or total outlays for appropriation earmarks, as adjusted, set forth in the applicable budget resolution to exceed or breach such limitations. Requires a Member or Senator requesting an appropriation earmark, within five legislative days after making such request, to: (1) submit the amount requested, the project name, and a project description of its subject matter to the appropriate Clerk for posting on the Clerk's website; and (2) insert in the Congressional Record a written statement that includes such information and certifies that neither the Member, Senator, or any family member has any financial interest in the earmark. Requires each Clerk's website to include an up-to-date, comprehensive, and searchable database comprising all such requests for the current fiscal year and the budget year. Makes a conforming amendment to Rule XXI (Restrictions on Certain Bills) of the Rules of the House

To amend the Congressional Budget and Impoundment Control Act of 1974 to limit the annual cost of appropriation earmarks and to make them more predictable, equitable, and transparent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research for All Act of 2015''. SEC. 2. SUFFICIENCY OF DESIGN AND SIZE OF CLINICAL TRIALS DURING EXPEDITED REVIEW. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and develop policies, as appropriate, to ensure that the design and size of clinical trials for products granted expedited approval pursuant to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) are sufficient to determine the safety and effectiveness of such products for men and women using subgroup analysis. SEC. 3. EXPEDITED REVIEW OF DRUGS AND BIOLOGICAL PRODUCTS TO PROVIDE SAFER OR MORE EFFECTIVE TREATMENT FOR MALES OR FEMALES. (a) In General.--Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the following: ``(g) Expedited Review of Drugs and Biological Products To Provide Safer or More Effective Treatment for Males or Females.-- ``(1) Eligible product.--The Secretary shall, at the request of the sponsor of a new drug, facilitate the development and expedite the review of such drug if the drug-- ``(A) is intended-- ``(i) to avoid serious adverse events; or ``(ii) to treat a serious or life- threatening disease or condition; ``(B) whether alone or in combination with one or more other drugs or biological products, is intended for safer or more effective treatment for men or women than a currently available product approved to treat the general population or the other sex; and ``(C) is supported by results of clinical trials that include and separately examine outcomes for both men and women. ``(2) Designation.--At the request of the sponsor of an eligible product described in paragraph (1), the Secretary shall designate the drug as an expedited product to provide safer or more effective treatment for males or females. ``(3) Early and frequent communication.--The Secretary shall, with respect to each expedited product designated under this subsection, provide early and frequent communication and review of incomplete applications to the same extent and in the same manner as is provided under subsections (b) and (d). ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to lessen or otherwise alter the standard of safety and effectiveness required for the approval or licensing of drugs or biological products under section 505 of this Act or section 351 of the Public Health Service Act; or ``(B) to authorize application of the provisions of subsection (c) (relating to the use of surrogate endpoints) to expedited products designated under this subsection.''. (b) Technical Corrections.--Subsection (f) of section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) (relating to awareness efforts), as designated by section 902(a) of Public Law 112- 144, is amended-- (1) in paragraph (1), by striking ``and and'' and inserting ``and''; and (2) by moving such subsection (f) so that it follows subsection (e) of such section 506. SEC. 4. RESEARCH ON SEX DIFFERENCES. (a) Inclusion in NIH Research.-- (1) In general.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (B) by inserting after subsection (a) the following: ``(b) Inclusion of Sex Differences in Basic Research.-- ``(1) Applicability to basic research.-- ``(A) In general.--The Director of NIH shall determine when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(B) Deadline for initial determination; updates.--The Director of NIH-- ``(i) shall make the initial determinations required by subparagraph (A) not later than one year after the date of enactment of the Research for All Act of 2015; and ``(ii) may subsequently update or revise such determinations as the Director determines appropriate. ``(C) Consultation.--In making the initial determinations required by subparagraph (A), the Director of NIH-- ``(i) shall consult with the Office of Research on Women's Health, the Institute of Medicine, the Office of Laboratory Animal Welfare, and appropriate members of the scientific and academic communities; and ``(ii) may conduct outreach and educational initiatives within the scientific and academic communities on the influence of sex as a variable in basic research in order to develop a consensus within such communities on when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(2) Inclusion.--Beginning on the date that is 1 year after the date of enactment of the Research for All Act of 2015, in conducting or supporting basic research in accordance with paragraph (1), the Director of NIH shall, subject to paragraph (3), ensure that-- ``(A) in the case of research on cells or tissues-- ``(i) cells or tissues, as applicable, are derived from both male and female organisms in each project of such research; and ``(ii) the results are disaggregated according to whether the cells or tissues are derived from male or female organisms; and ``(B) in the case of animal research-- ``(i) both male and female animals are included as subjects in each project of such research; and ``(ii) the results are disaggregated according to whether the subjects are male or female. ``(3) Exception.--Paragraph (2) shall not apply to a project of basic research if the Director of NIH determines that the inclusion of cells or tissues derived from both male and female organisms, or the inclusion of both male and female animals as subjects, as applicable, is inappropriate in the case of such project.''. (2) Design of research.--Subsection (d) of section 492B of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended-- (A) by striking ``(d)'' and all that follows through ``In the case'' and inserting the following: ``(d) Design of Research.-- ``(1) Clinical trials.--In the case''; and (B) by adding at the end the following: ``(2) Basic research.--In the case of basic research in which cells or tissues derived from both male and female organisms will be included in accordance with subsection (b)(2)(A) or both male and female animals will be included as subjects in accordance with subsection (b)(2)(B), the Director of NIH shall ensure that sex differences are examined and analyzed, as appropriate.''. (3) Updating guidelines for clinical and basic research.-- Section 492B(f)(1) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended to read as follows: ``(1) Date certain; update.--The guidelines required in subsection (e) regarding the requirements of this section for clinical and basic research shall-- ``(A) be updated and published in the Federal Register not later than 1 year after the date of enactment of the Research for All Act of 2015; ``(B) reflect the growing understanding that sex differences matter; ``(C) ensure better enforcement of the requirements of this section by the personnel of the agencies of the National Institutes of Health responsible for reviewing grant proposals; and ``(D) include guidance on when research strongly supports or strongly negates the conclusion that there is a significant difference in how the variables being studied affect women or members of minority groups, as the case may be, relative to how such variables affect other subjects in the research.''. (4) Applicability.--Section 492B(f)(2) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended by adding at the end the following: ``For fiscal year 2017 and subsequent fiscal years, the Director of NIH may not approve any proposal of basic research to be conducted or supported by any agency of the National Institutes of Health unless the proposal specifies the manner in which the research will comply with this section.''. (5) Conforming changes.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) in the heading of subsection (a), by striking ``Requirement of Inclusion'' and inserting ``Inclusion in Clinical Research''; (B) in subsection (a)(1), by striking ``subsection (b)'' and inserting ``subsection (c)''; (C) in subsection (e)(1)(A), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''; (D) in subsection (e)(1)(B), as redesignated, by striking ``subsection (c)'' and inserting ``subsection (d)''; and (E) in subsection (e)(2), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''. (b) Biennial Reports of Director of NIH.--Subparagraph (C) of section 403(a)(4) of the Public Health Service Act (42 U.S.C. 283(a)(4)) is amended-- (1) by redesignating clause (vi) as clause (vii); and (2) by inserting after clause (v) the following: ``(vi) Basic research, including a breakdown of the sex of organisms from which cells and tissues are derived, a breakdown of the sex of animal subjects, and such other information as may be necessary to demonstrate compliance with section 492B (regarding sex differences in basic research).''. (c) Special Centers of Research on Sex Differences.--Part H of title IV of the Public Health Service Act is amended by inserting after section 492B of such Act (42 U.S.C. 289a-2) the following: ``SEC. 492C. SPECIAL CENTERS OF RESEARCH ON SEX DIFFERENCES. ``The Secretary may award grants or other support to entities for the continued operation and expansion of Special Centers of Research on Sex Differences.''. (d) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to lessen any standard or requirement set forth in part 1, 2, or 3 of subchapter A of chapter I of title 9, Code of Federal Regulations. SEC. 5. GAO REPORTS. Not later than 1 year after the date of enactment of the Research for All Act of 2015, the Comptroller General of the United States shall-- (1) submit to the Congress updated versions of the reports of the Government Accountability Office entitled ``Women's Health: NIH Has Increased Its Efforts To Include Women in Research'' (published in May 2000; GAO/HEHS-00-96) and ``Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement'' (published in July 2001; GAO-01-754); and (2) in such updated reports-- (A) examine the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; (B) examine how Federal agencies report and analyze subgroup information and translate any differences to the medical community and patients; (C) determine whether the quality of care which women receive is being negatively impacted by inclusion rates in basic and clinical research; and (D) address current efforts within National Institutes of Health and other government agencies to encourage the sharing of research data on sex differences and evaluate mechanisms to improve such sharing, including a publicly accessible online system that will conform with policies protecting commercial, proprietary, or private information.

Research for All Act of 2015 This bill directs the Food and Drug Administration (FDA) to ensure that the clinical trials for products granted expedited approval to treat a serious or life-threatening condition are sufficient to determine the safety and effectiveness of the products for men and women using subgroup analysis. This bill amends the Federal Food, Drug, and Cosmetic Act to require the FDA, at the request of the drug sponsor, to facilitate development and expedite review of a new drug that is: intended to avoid serious adverse events or to treat a serious or life-threatening condition, intended for safer or more effective treatment for either men or women than a product approved to treat the general population or the other sex, and supported by results of clinical trials that separately examine outcomes for men and women. This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to ensure that, when appropriate, basic research projects include both male and female cells, tissues, or animals. In such projects, results must be disaggregated according to sex and sex differences must be examined and analyzed. NIH must update guidelines on inclusion of women and minorities in research. The Department of Health and Human Services may support the continued operation and expansion of Special Centers of Research on Sex Differences. The Government Accountability Office must update the reports entitled “Women's Health: NIH Has Increased Its Efforts To Include Women in Research” and “Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement,” and include specified examinations.

Research for All Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drinking Water for Healthy Communities Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Perchlorate is a chemical used as the primary ingredient in solid propellant for rockets, missiles, and fireworks. (2) Large-scale production of perchlorate-containing chemicals in the United States began in the mid-1940s and large volumes have been disposed of in various States since the 1950s. (3) Perchlorate is an oxidizing anion that originates as a contaminant in ground and surface waters and is highly soluble and exceedingly mobile in aqueous systems, persisting for many decades under typical ground and surface water conditions. (4) The most prevalent sources of perchlorate contamination in environmental media can be traced to the manufacture and improper disposal of wastes from blasting agents and military munitions and to a lesser extent fireworks. (5) Ninety percent of perchlorate in the United States is produced for use by the Department of Defense and the National Aeronautics and Space Administration. (6) According to the Government Accountability Office, in May 2005, perchlorate contamination has been detected in water and soil at almost 400 sites in the United States. The Government Accountability Office concluded that because there is no standardized approach for reporting perchlorate data nationwide, a greater number of sites may exist. (7) According to the Government Accountability Office, in May 2005, limited Environmental Protection Agency data show that perchlorate has been found in 35 States and the District of Columbia and is known to have contaminated 153 public water systems in 26 States. The Government Accountability Office reported that concentrations of perchlorate in drinking water ranged from 4 parts per billion to more than 420 parts per billion. (8) Environmental Protection Agency data likely underestimates the total drinking water exposure, as illustrated by the findings of the California Department of Health Services that perchlorate has contaminated approximately 276 drinking water sources and 77 drinking water systems in the State of California. (9) Food and Drug Administration scientists and other scientific researchers have detected perchlorate in the United States food supply, including but not limited to lettuce, milk, cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach, and in human breast milk. (10) The Centers for Disease Control and Prevention has concluded that perchlorate exposure appears to be widespread in the United States populations. (11) The National Academy of Sciences released a report on January 10, 2005, which recommended a perchlorate reference dose of 0.0007 milligrams per kilogram per day. (12) The Environmental Protection Agency has not established a health advisory or national primary drinking water regulation for perchlorate, but in 2005, established a ``drinking water equivalent level'' of 24.5 parts per billion for perchlorate. A drinking water level assumes the only exposure pathway is through drinking water and does not account for other non-drinking water exposure pathways, such as food and breast milk. (13) On January 22, 2003, the Environmental Protection Agency issued interim assessment guidance for perchlorate applicable to all Office of Solid Waste and Emergency Response programs, recommending the use of the provisional cleanup levels for perchlorate in groundwater ranging from 4 to 18 parts per billion with the added suggestion to carefully consider the lower end of the provisional range. (14) On January 26, 2006, the Environmental Protection Agency issued Office of Solid Waste and Emergency Response guidance increasing the Environmental Protection Agency's provisional cleanup levels for perchlorate in groundwater to 24.5 parts per billion. (15) In March 2006, the Children's Health Protection Advisory Committee advised the Environmental Protection Agency that the Agency's preliminary remediation goal (PRG) for perchlorate is not protective of children's health, as it can result in a nursing infant exposure that is 5 to 10 times higher than the recommended dose (Rfd) of 24.5 parts per billion. (16) Perchlorate inhibits the uptake of iodine by the thyroid gland (which is necessary to produce important hormones which help regulate normal human health and development), presenting a risk to human health in vulnerable populations, including pregnant women and children. (17) In October 2006, the Centers for Disease Control and Prevention found significant changes in the level of thyroid hormones in humans exposed to perchlorate. For women with low iodine levels, perchlorate exposure was associated with changes in the production levels of hormones by the thyroid. About 36 percent of women in the United States have lower iodine levels. (18) Given the seriousness of the potential adverse effects associated with perchlorate and the fact that children were at risk, combined with the absence of a Federal drinking water standard (MCL) for perchlorate, California proposed a drinking water standard of 6 parts per billion, and Massachusetts promulgated a drinking water standard of 2 parts per billion. (19) Other States, including Nevada, Texas, New York, and Maryland, have issued some form of drinking water guidance for perchlorate, including a drinking water action level, health- based guidance, and a health based advisory level at ranges from 1 part per billion to 18 parts per billion. (20) Perchlorate has been detected in the soil, surface waters, and groundwater at 55 Department of Defense facilities across the country, with off-site migration occurring at some facilities. (21) As of 2003, the Department of Defense policy on perchlorate requires sampling only where a perchlorate release due to Department activities is suspected and a complete human exposure pathway is likely to exist. (22) According to the Environmental Protection Agency, the Department of Defense is deferring all remedial action relating to perchlorate contamination at or from its facilities until a Federal perchlorate drinking water standard is adopted. (23) The Environmental Protection Agency has historically failed to exercise its enforcement authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to compel the Department of Defense to undertake remedial actions to address perchlorate contamination at Department facilities that are listed on the Superfund National Priorities List. (24) There are as many as 22 contaminants without Federal drinking water standards for which the Environmental Protection Agency has set site specific cleanup levels for the remediation of groundwater, making the lack of response actions for perchlorate contamination at Department of Defense Superfund facilities a unique situation. (25) The Environmental Protection Agency has failed to take enforcement action against the Department of Defense to cause the Department to mitigate or remediate the perchlorate contamination emanating from its Aberdeen Proving Ground facility that has adversely impacted the drinking water supply for the City of Aberdeen, Maryland. (26) Since 2002, the Department of Defense actively sought to exempt the Department from State and Federal public health and environmental laws which protect drinking water supplies from chemical constituents of military munitions including perchlorate. SEC. 3. NATIONAL PRIMARY DRINKING WATER REGULATION FOR PERCHLORATE. Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(12)) is amended by adding at the end the following: ``(C) Perchlorate.-- ``(i) Schedule and standard.-- Notwithstanding the deadlines set forth in paragraph (1), the Administrator shall promulgate a national primary drinking water regulation for perchlorate pursuant to this subsection, in accordance with the schedule established by this subparagraph. ``(ii) Proposed regulations.--Not later than 12 months after the date of the enactment of this subparagraph, the Administrator shall publish in the Federal Register a proposed national primary drinking water regulation for perchlorate. ``(iii) Final regulations.--Not later than 18 months after the date of publication of the proposed national primary drinking water regulation required by clause (ii), after notice and opportunity for public comment, the Administrator shall promulgate a national primary drinking water regulation for perchlorate.''.

Safe Drinking Water for Healthy Communities Act of 2007 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation for perchlorate.

To amend the Safe Drinking Water Act to require a national primary drinking water regulation for perchlorate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Relief Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of Federal student loans to refinance their loans in order-- (1) to allow credit-worthy borrowers to get a lower interest rate than the Federal rate; (2) to encourage innovation in the education refinancing markets; and (3) to promote the participation of private capital in the education refinancing markets. TITLE I--REFINANCING STUDENT LOANS SEC. 101. DEFINITIONS. In this title-- (1) the term ``Federal student loan'' means a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) the term ``Secretary'' means the Secretary of the Treasury, other than in the context of the Secretary of Education. SEC. 102. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE MARKET EFFICIENCY IN THE STUDENT LOAN MARKET. (a) Authority.-- (1) In general.--The Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), is authorized to facilitate Federal student loan refinancing into the private market to ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (2) No net cost to government.--Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (3) Federal guarantee.--A private loan that results from refinancing under a program established under the authority of this section shall receive a Federal Government guarantee of 95 percent of the private loan, including accrued interest on such loan. (4) Disclosures.--Each lender of prospective borrower of a private loan that would result from refinancing under a program established under the authority of this section shall disclose to the prospective borrower the information described in section 428C(b)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(F)). (b) Public Awareness.--The Secretary, in consultation with the Secretary of Education, shall-- (1) begin a national awareness campaign to alert all Federal student loan borrowers who may benefit from any program or facilities established under this section; and (2) include in the campaign under paragraph (1) a disclosure that a private loan that results from refinancing under a program established under the authority of this section is not eligible for income driven repayment or loan forgiveness. (c) Expiration of Authority.--Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease, except the Federal guarantee described in subsection (a)(3) shall continue for the life of the private loan. TITLE II--EXCLUSION FOR EMPLOYER PAYMENT OF INTEREST ON CERTAIN REFINANCED STUDENT LOANS SEC. 201. EXCLUSION FOR EMPLOYER PAYMENT OF INTEREST ON CERTAIN REFINANCED STUDENT LOANS. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the payment by an employer, whether paid to the employee or to a lender, of any indebtedness of the employee under a qualified education refinance loan or any interest relating to such a loan, and''. (b) Qualified Education Refinance Loan.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Qualified education refinance loan.--The term `qualified education refinance loan' means any indebtedness used solely to refinance a qualified education loan (within the meaning of section 221(d)(1)) with respect to which the lender offers the borrower protection in the event of unemployment or financial hardship (as reasonably determined by the lender, including periods of forbearance or career assistance).''. (c) Conforming Amendment; Denial of Double Benefit.--Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2015.

Student Loan Relief Act of 2015 This bill authorizes the Department of the Treasury to establish a temporary three-year program to facilitate federal student loan refinancing into the private market, at no cost to the federal government, to ensure payment of lower interest rates on student loans. Private lenders under such refinancing program shall be eligible to receive a federal government guarantee of 95% of loans. Treasury shall, in consultation with the Department of Education, begin a national awareness campaign to alert student loan borrowers about such refinancing program with a disclosure that a private loan that results from such refinancing is not eligible for income driven repayment or loan forgivingness. The bill amends the Internal Revenue Code to allow an exclusion from gross income for the payment of an employer, either to an employee or a lender, of any indebtedness of an employee under a qualified education refinance loan or any interest relating to such a loan. The term "qualified education refinance loan" means any indebtedness used solely to refinance a qualified education loan with respect to which the lender offers the borrower protection in the event of unemployment or financial hardship.

Student Loan Relief Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Enhanced Transition Services Act of 2005''. SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE PROGRAMS. (a) Preseparation Counseling.--Section 1142 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``provide for individual preseparation counseling'' and inserting ``shall provide individual preseparation counseling''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) For members of the reserve components who have been serving on active duty continuously for at least 180 days, the Secretary concerned shall require that preseparation counseling under this section be provided to all such members (including officers) before the members are separated. ``(5) The Secretary concerned shall ensure that commanders of members entitled to services under this section authorize the members to obtain such services during duty time.''. (2) in subsection (b)-- (A) in paragraph (4), by striking ``(4) Information concerning'' and inserting the following: ``(4) Provision of information on civilian occupations and related assistance programs, including information concerning-- ``(A) certification and licensure requirements that are applicable to civilian occupations; ``(B) civilian occupations that correspond to military occupational specialties; and ``(C)''; and (B) by adding at the end the following: ``(11) Information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor. ``(12) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business Development Corporation. ``(13) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38. ``(14) Information concerning veterans preference in federal employment and federal procurement opportunities. ``(15) Information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness. ``(16) Contact information for housing counseling assistance. ``(17) A description, developed in consultation with the Secretary of Veterans Affairs, of health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs. ``(18) If a member is eligible, based on a preseparation physical examination, for compensation benefits under the laws administered by the Secretary of Veterans Affairs, a referral for a medical examination by the Secretary of Veterans Affairs (commonly known as a `compensation and pension examination').''; (3) by adding at the end the following: ``(d) Additional Requirements.--(1) The Secretary concerned shall ensure that-- ``(A) preseparation counseling under this section includes material that is specifically relevant to the needs of-- ``(i) persons being separated from active duty by discharge from a regular component of the armed forces; and ``(ii) members of the reserve components being separated from active duty; ``(B) the locations at which preseparation counseling is presented to eligible personnel include-- ``(i) each military installation under the jurisdiction of the Secretary; ``(ii) each armory and military family support center of the National Guard; ``(iii) inpatient medical care facilities of the uniformed services where such personnel are receiving inpatient care; and ``(iv) in the case of a member on the temporary disability retired list under section 1202 or 1205 of this title who is being retired under another provision of this title or is being discharged, a location reasonably convenient to the member; ``(C) the scope and content of the material presented in preseparation counseling at each location under this section are consistent with the scope and content of the material presented in the preseparation counseling at the other locations under this section; and ``(D) follow up counseling is provided for each member of the reserve components described in subparagraph (A) not later than 180 days after separation from active duty. ``(2) The Secretary concerned shall, on a continuing basis, update the content of the materials used by the National Veterans Training Institute and such officials' other activities that provide direct training support to personnel who provide preseparation counseling under this section. ``(e) National Guard Members on Duty in State Status.--(1) Members of the National Guard, who are separated from long-term duty to which ordered under section 502(f) of title 32, shall be provided preseparation counseling under this section to the same extent that members of the reserve components being discharged or released from active duty are provided preseparation counseling under this section. ``(2) The preseparation counseling provided personnel under paragraph (1) shall include material that is specifically relevant to the needs of such personnel as members of the National Guard. ``(3) The Secretary of Defense shall prescribe, by regulation, the standards for determining long-term duty under paragraph (1).''; and (4) by amending the heading to read as follows: ``Sec. 1142. Members separating from active duty: preseparation counseling''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by striking the item relating to section 1142 and inserting the following: ``1142. Members separating from active duty: preseparation counseling.''. (c) Department of Labor Transitional Services Program.--Section 1144 of title 10, United States Code, is amended-- (1) in subsection (a)(1), by striking ``paragraph (4)(A)'' in the second sentence and inserting ``paragraph (6)(A)''; (2) by amending subsection (c) to read as follows: ``(c) Participation.--(1) Subject to paragraph (2), the Secretary and the Secretary of Homeland Security shall require participation by members of the armed forces eligible for assistance under the program carried out under this section. ``(2) The Secretary and the Secretary of Homeland Security need not require, but shall encourage and otherwise promote, participation in the program by the following members of the armed forces described in paragraph (1): ``(A) Each member who has previously participated in the program. ``(B) Each member who, upon discharge or release from active duty, is returning to-- ``(i) a position of employment; or ``(ii) pursuit of an academic degree or other educational or occupational training objective that the member was pursuing when called or ordered to such active duty. ``(3) The Secretary concerned shall ensure that commanders of members entitled to services under this section authorize the members to obtain such services during duty time.''; and (3) by adding at the end the following: ``(e) Updated Materials.--The Secretary concerned shall, on a continuing basis, update the content of all materials used by the Department of Labor that provide direct training support to personnel who provide transitional services counseling under this section.''. SEC. 3. BENEFITS DELIVERY AT DISCHARGE PROGRAMS. (a) Plan for Maximum Access to Benefits.-- (1) In general.--The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly submit to Congress a plan to maximize access to benefits delivery at discharge programs for members of the Armed Forces. (2) Contents.--The plan submitted under paragraph (1) shall include a description of efforts to ensure that services under programs described in paragraph (1) are provided, to the maximum extent practicable-- (A) at each military installation under the jurisdiction of the Secretary; (B) at each armory and military family support center of the National Guard; (C) at each installation and inpatient medical care facility of the uniformed services at which personnel eligible for assistance under such programs are discharged from the armed forces; and (D) in the case of a member on the temporary disability retired list under section 1202 or 1205 of title 10, United States Code, who is being retired under another provision of such title or is being discharged, at a location reasonably convenient to the member. (b) Definition.--In this section, the term ``benefits delivery at discharge program'' means a program administered jointly by the Secretary of Defense and the Secretary of Veterans Affairs to provide information and assistance on available benefits and other transition assistance to members of the Armed Forces who are separating from the Armed Forces, including assistance to obtain any disability benefits for such members may be eligible. SEC. 4. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES. (a) Improvement of Medical Tracking System for Members Deployed Overseas.--Section 1074f of title 10, United States Code, is amended-- (1) in subsection (b), by striking ``(including an assessment of mental health'' and inserting ``(which shall include mental health screening and assessment''; (2) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (3) by inserting after subsection (b) the following: ``(c) Physical Medical Examinations.--(1) The Secretary shall-- ``(A) prescribe the minimum content and standards that apply for the physical medical examinations required under this section; and ``(B) ensure that the content and standards prescribed under subparagraph (A) are uniformly applied at all installations and medical facilities of the armed forces where physical medical examinations required under this section are performed for members of the armed forces returning from a deployment described in subsection (a). ``(2) An examination consisting solely or primarily of an assessment questionnaire completed by a member does not meet the requirements under this section for-- ``(A) a physical medical examination; or ``(B) an assessment. ``(3) The content and standards prescribed under paragraph (1) for mental health screening and assessment shall include-- ``(A) content and standards for screening mental health disorders; and ``(B) in the case of acute post-traumatic stress disorder and delayed onset post-traumatic stress disorder, specific questions to identify stressors experienced by members that have the potential to lead to post-traumatic stress disorder, which questions may be taken from or modeled after the post- deployment assessment questionnaire used in June 2005. ``(4) An examination of a member required under this section may not be waived by the Secretary (or any official exercising the Secretary's authority under this section) or by the member. ``(d) Follow up Services.--(1) The Secretary, in consultation with the Secretary of Veterans Affairs, shall ensure that appropriate actions are taken to assist a member who, as a result of a post- deployment medical examination carried out under the system established under this section, receives an indication for a referral for follow up treatment from the health care provider who performs the examination. ``(2) Assistance required to be provided to a member under paragraph (1) includes-- ``(A) information regarding, and any appropriate referral for, the care, treatment, and other services that the Secretary or the Secretary of Veterans Affairs may provide to such member under any other provision of law, including-- ``(i) clinical services, including counseling and treatment for post-traumatic stress disorder and other mental health conditions; and ``(ii) any other care, treatment, and services; ``(B) information on the private sector sources of treatment that are available to the member in the member's community; and ``(C) assistance to enroll in the health care system of the Department of Veterans Affairs for health care benefits for which the member is eligible under laws administered by the Secretary of Veterans Affairs.''. (b) Report on PTSD Cases.--(1) The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the services provided to members and former members of the Armed Forces who experience post-traumatic stress disorder (and related conditions) associated with service in the Armed Forces. (2) The report submitted under paragraph (1) shall include-- (A) the number of persons treated; (B) the types of interventions; and (C) the programs that are in place for each of the Armed Forces to identify and treat cases of post-traumatic stress disorder and related conditions. SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES AND ORGANIZATIONS. (a) Department of Defense.-- (1) In general.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 1154. Veteran-to-veteran preseparation counseling ``(a) Cooperation Required.--The Secretary shall carry out a program to facilitate the access of representatives of military and veterans' service organizations and representatives of veterans' services agencies of States to provide preseparation counseling and services to members of the armed forces who are scheduled, or are in the process of being scheduled, for discharge, release from active duty, or retirement. ``(b) Required Program Element.--The program under this section shall provide for representatives of military and veterans' service organizations and representatives of veterans' services agencies of States to be invited to participate in the preseparation counseling and other assistance briefings provided to members under the programs carried out under sections 1142 and 1144 of this title and the benefits delivery at discharge programs. ``(c) Locations.--The program under this section shall provide for access to members-- ``(1) at each installation of the armed forces; ``(2) at each armory and military family support center of the National Guard; ``(3) at each inpatient medical care facility of the uniformed services administered under chapter 55 of this title; and ``(4) in the case of a member on the temporary disability retired list under section 1202 or 1205 of this title who is being retired under another provision of this title or is being discharged, at a location reasonably convenient to the member. ``(d) Consent of Members Required.--Access to a member of the armed forces under the program under this section is subject to the consent of the member. ``(e) Definitions.--In this section: ``(1) The term `benefits delivery at discharge program' means a program administered jointly by the Secretary and the Secretary of Veterans Affairs to provide information and assistance on available benefits and other transition assistance to members of the armed forces who are separating from the armed forces, including assistance to obtain any disability benefits for which such members may be eligible. ``(2) The term `representative', with respect to a veterans' service organization, means a representative of an organization who is recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by adding at the end the following: ``1154. Veteran-to-veteran preseparation counseling.''. (b) Department of Veterans Affairs.-- (1) In general.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Veteran-to-veteran counseling ``(a) Cooperation Required.--The Secretary shall carry out a program to facilitate the access of representatives of military and veterans' service organizations and representatives of veterans' services agencies of States to veterans furnished care and services under this chapter to provide information and counseling to such veterans on-- ``(1) the care and services authorized by this chapter; and ``(2) other benefits and services available under the laws administered by the Secretary. ``(b) Facilities Covered.--The program under this section shall provide for access to veterans described in subsection (a) at each facility of the Department and any non-Department facility at which the Secretary furnishes care and services under this chapter. ``(c) Consent of Veterans Required.--Access to a veteran under the program under this section is subject to the consent of the veteran. ``(d) Definition.--In this section, the term `veterans' service organization' means an organization who is recognized by the Secretary for the representation of veterans under section 5902 of this title.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item relating to section 1708 the following: ``1709. Veteran-to-veteran counseling.''.

Veterans' Enhanced Transition Services Act of 2005 - Requires the Secretary concerned to: (1) require preseparation counseling for members of reserve components who have been serving on active duty continuously for at least 180 days; and (2) ensure that commanders authorize such members to obtain counseling during duty time. Requires preseparation counseling on: (1) certification and licensure requirements for civilian occupations; and (2) civilian occupations that correspond to military occupational specialties. Requires such counseling to include additional information for veterans, including job training programs, small business ownership, veterans' preference, housing counseling, health care benefits, and disability compensation. Extends preseparation counseling to members of the National Guard being separated from long-term duty. Directs the Secretaries of Defense and Homeland Security to require participation in the Department of Labor transitional services program unless members previously participated in the program or are returning to previously held employment or educational pursuits. Requires the Secretary concerned to ensure that commanders authorize such members to obtain counseling during duty time. Directs the Secretaries of Defense, Homeland Security, and Veterans Affairs to jointly submit to Congress a plan to maximize access to benefits delivery at discharge programs for members of the Armed Forces. Directs the Secretary of Defense to prescribe minimum content and standards for required medical examinations, including screening for mental health disorders, and to provide follow-up services. Requires the Secretary of Defense to carry out a program to facilitate veteran-to-veteran preseparation counseling.

A bill to amend title 10, United States Code, to improve transitional assistance provided for members of the armed forces being discharged, released from active duty, or retired, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Internship Program Act''. SEC. 2. PROGRAM ON PROVISION OF CAREER TRANSITION SERVICES TO YOUNG VETERANS. (a) In General.--Subchapter II of chapter 33 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3320. Career transition internship program ``(a) In General.--The internship program described in subsection (b) shall be deemed to be an approved program of education for purposes of this chapter. ``(b) Internship Program.--The Secretary of Veterans Affairs shall establish a program to match individuals entitled to educational assistance under this chapter with eligible employers providing internships for the purpose of-- ``(1) providing such individuals with work experience in the civilian sector; ``(2) addressing the growing skills gap in the United States economy; ``(3) increasing the marketable skills of such individuals; and ``(4) assisting such individuals in obtaining long-term employment. ``(c) Eligible Employers.-- ``(1) In general.--For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program. ``(2) Past performance on certain matters.--The criteria established by the Secretary under paragraph (1) may include past performance of an employer with respect to the following: ``(A) Job training, basic skills training, and related activities. ``(B) Financial accountability. ``(C) Demonstrated need to hire, desire to grow, and plan to grow. ``(D) Demonstrated high potential for growth and long-term job creation. ``(3) For-profit and not-for-profit employers.--The employers determined by the Secretary to be eligible employers under paragraph (1) may include both for-profit and not-for- profit employers. ``(4) Small business concerns.--In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns (under the meaning given that term under section 3(a) of the Small Business Act (15 U.S.C. 632(a))) are afforded opportunities to participate in the program. ``(5) Manufacturing.--In determining employers to be eligible employers under paragraph (1), the Secretary shall give special consideration to employers in the manufacturing sector. ``(6) Exclusions.--The following employers may not be determined to be eligible employers under paragraph (1): ``(A) An agency of the Federal Government or a State or local government. ``(B) An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program. ``(C) An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (f), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows: ``(i) That the employer has not been investigated or subject to a case or action by the Federal Trade Commission during the 180-day period ending on the date the employer would otherwise commence participation in the program. ``(ii) That the employer has been in good standing with a State business bureau during the period described in clause (i). ``(iii) That the employer is not delinquent with respect to payment of any taxes or employer contributions described under sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). ``(iv) That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer's workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer's workforce. ``(v) That the employer has the intention of retaining eligible participants after such participants have completed participation in the program. ``(d) Internships.-- ``(1) In general.--For each individual entitled to educational assistance under this chapter whom the Secretary approves for participation in the program established under subsection (b), the Secretary shall attempt to place such individual in an internship on a full-time basis with an eligible employer that the Secretary has approved for participation in the program. For each month such an individual participates in such an internship on a full-time basis, the Secretary shall pay to the individual the amount of educational assistance described in section 3313(g)(3)(B) of this title. ``(2) Duration.--Each internship under the program shall be for a period of at least 180 days but not more than one year. ``(3) Employment status.--For purposes of the Patient Protection and Affordable Care Act (Public Law 111-148), an individual placed in an internship with an eligible employer under the program shall be considered an employee of the Department of Veterans Affairs and not the eligible employer during the period of such internship under the program. ``(4) Relation to other federal assistance.-- Notwithstanding any other provision of law, pay received by an individual under this subsection may not be used in any calculation to determine the eligibility of such individual for any Federal program for the purpose of obtaining child care assistance. ``(5) Certification.--For each month that an individual participates in an internship under the program established by subsection (b), the individual and the eligible employer providing the internship shall submit to the Secretary certification that the individual worked at least 35 hours each week for the eligible employer performing functions that provided the individual with valuable experience. ``(e) Participation.-- ``(1) Application.-- ``(A) In general.--An eligible employer or individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify. ``(B) Requirements for eligible employers.--An application submitted by an eligible employer under subparagraph (A) shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause (v) of that subsection. ``(2) Time of application for certain eligible individuals.--A member of the Armed Forces on active duty who expects to be entitled for educational assistance under this chapter may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. ``(3) Selection.--The Secretary shall review each application submitted by an applicant under paragraph (1) and approve or disapprove the applicant for participation in the program. ``(f) Outreach.-- ``(1) In general.--The Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry out a program of outreach to inform eligible employers and eligible individuals about the program and the benefits of participating in the program. ``(2) Internet portal.--The Secretary of Veterans Affairs and the Secretary of Labor shall work together to create and publicize an Internet website to serve as a portal for eligible individuals and eligible employers to learn about the program and apply. ``(3) Included locations and groups.--The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph (1) include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 of title 38, United States Code). ``(g) Minimization of Burdens on Participating Employers.--The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program and to ensure that employer participation in the program is at no cost to the employer. ``(h) Reports.-- ``(1) In general.--Not later than 45 days after the completion of the first year of the program and not later than 90 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program. ``(2) Contents.--Each report submitted under paragraph (1) shall include the following: ``(A) An evaluation of the program. ``(B) The number and characteristics of participants in the program. ``(C) The number and types of internships in which individuals were placed under the program. ``(D) The number of individuals who obtained long- term full-time unsubsidized employment positions after participation in the program, the hourly wage and nature of such employment, and if available, whether such individuals were still employed in such positions three months after obtaining such positions. ``(E) An assessment of the effect of the program on earnings of the individuals who participated and the employment of such individuals. ``(F) Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of individuals entitled to educational assistance under this chapter.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3319 the following new item: ``3320. Career transition internship program.''.

GI Internship Program Act - Directs the Secretary of Veterans Affairs (VA) to establish a career transition internship program to match individuals who are eligible for veterans' educational assistance with employers to: (1) provide such individuals with work experience in the civilian sector, (2) address the growing skills gap in the U.S. economy, (3) increase the marketable skills of such individuals, and (4) assist such individuals in obtaining long-term employment. Requires the Secretary to establish criteria employers must meet to participate in the program. Excludes as program employers: (1) federal, state, and local government agencies; (2) employers who cannot provide the Secretary with certain assurances, including their intention to retain interns after their internship ends; and (3) employers that have previously participated in the program and failed to abide by its requirements. Directs the Secretary to pay individuals who are full-time participants in such an internship the amount of educational assistance they are due. Requires each internship to last for at least 180 days but for no more than one year. Considers each intern to be an employee of the VA for purposes of the Patient Protection and Affordable Care Act. Requires each intern and employer to provide the Secretary with a monthly certification that the intern worked at least 35 hours each week performing functions that provided the individual with valuable experience. Directs the Secretary and the Secretary of Labor to create and publicize an Internet website to serve as a portal for eligible individuals and employers to learn about the program and apply. Allows individuals to apply within 180 days of their expected discharge or release from the Armed Forces. Directs the VA Secretary to minimize the administrative burdens incurred by employers due to their participation in the program and ensure that employer participation is at no cost to the employer.

GI Internship Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immunosuppressive Drug Coverage Act of 2001''. SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM. (a) Continued Entitlement to Immunosuppressive Drugs for Kidney Transplant Recipients.-- (1) In general.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))'' after ``shall end''. (2) Application.--In the case of an individual whose eligibility for benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) has ended except for the coverage of immunosuppressive drugs by reason of the amendment made by paragraph (1), the following rules shall apply: (A) The individual shall be deemed to be enrolled in part B of the original medicare fee-for-service program under title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) for purposes of receiving coverage of such drugs. (B) The individual shall be responsible for the full part B premium under section 1839 of such Act (42 U.S.C. 1395r) in order to receive such coverage. (C) The provision of such drugs shall be subject to the application of-- (i) the part B deductible under section 1833(b) of such Act (42 U.S.C. 1395l(b)); and (ii) the coinsurance amount applicable for such drugs (as determined under such part B). (D) If the individual is an inpatient of a hospital or other entity, the individual is entitled to receive coverage of such drugs under such part B. (3) Establishment of procedures in order to implement coverage.--The Secretary of Health and Human Services shall establish procedures for-- (A) identifying beneficiaries that are entitled to coverage of immunosuppressive drugs by reason of the amendment made by paragraph (1); and (B) distinguishing such beneficiaries from beneficiaries that are enrolled under part B of title XVIII of the Social Security Act for the complete package of benefits under such part. (4) Technical amendment.--Subsection (c) of section 226A (42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as subsection (d). (b) Extension of Secondary Payer Requirements for ESRD Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished on or after the date of enactment of the Immunosuppressive Drugs Coverage Act of 2001, this subparagraph shall be applied without regard to any time limitation.''. (c) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. (a) Application to Certain Health Insurance Coverage.-- (1) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Immunosuppressive Drug Coverage Act of 2001, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendment.--Section 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting ``(other than section 2707)'' after ``requirements of such subparts''. (b) Application to Group Health Plans and Group Health Insurance Coverage Under the Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Immunosuppressive Drug Coverage Act of 2001, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendments.-- (A) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (B) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of Immunosuppressive drugs.''. (c) Application to Group Health Plans Under the Internal Revenue Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of immunosuppressive drugs.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan on the day before the date of enactment of the Immunosuppressive Drug Coverage Act of 2001, and such requirement shall be deemed to be incorporated into this section.''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2002.

Immunosuppressive Drug Coverage Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease beneficiaries.Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs.

A bill to amend title XVIII of the Social Security Act to provide adequate coverage for immunosuppressive drugs furnished to beneficiaries under the medicare program that have received an organ transplant, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) In 1941, President Franklin D. Roosevelt overruled his top generals and ordered the creation of an all Black flight training program. President Roosevelt took this action one day after the NAACP filed suit on behalf of Howard University student Yancy Williams and others in Federal court to force the Department of War to accept Black pilot trainees. Yancy Williams had a civilian pilot's license and had earned an engineering degree. Years later, Major Yancy Williams participated in an air surveillance project created by President Dwight D. Eisenhower. (2) Due to the rigid system of racial segregation that prevailed in the United States during World War II, Black military pilots were trained at a separate airfield built near Tuskegee, Alabama. They became known as the ``Tuskegee Airmen''. (3) The Tuskegee Airmen inspired revolutionary reform in the Armed Forces, paving the way for full racial integration in the Armed Forces. They overcame the enormous challenges of prejudice and discrimination, succeeding, despite obstacles that threatened failure. (4) From all accounts, the training of the Tuskegee Airmen was an experiment established to prove that so-called ``coloreds'' were incapable of operating expensive and complex combat aircraft. Studies commissioned by the Army War College between 1924 and 1939 concluded that Blacks were unfit for leadership roles and incapable of aviation. Instead, the Tuskegee Airmen excelled. (5) Overall, some 992 Black pilots graduated from the pilot training program of the Tuskegee Army Air Field, with the last class finishing in June 1946, 450 of whom served in combat. The first class of cadets began in July 1941 with 13 airmen, all of whom had college degrees, some with Ph.D.'s, and all of whom had pilot's licenses. One of the graduates was Captain Benjamin O. Davis Jr., a United States Military Academy graduate. Four aviation cadets were commissioned as second lieutenants, and 5 received Army Air Corps silver pilot wings. (6) That the experiment achieved success rather than the expected failure is further evidenced by the eventual promotion of 3 of these pioneers through the commissioned officer ranks to flag rank, including the late General Benjamin O. Davis, Jr., United States Air Force, the late General Daniel ``Chappie'' James, United States Air Force, our Nation's first Black 4-star general, and Major General Lucius Theus, United States Air Force (retired). (7) Four hundred fifty Black fighter pilots under the command of then Colonel Benjamin O. Davis, Jr., fought in World War II aerial battles over North Africa, Sicily, and Europe, flying, in succession, P-40, P-39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties and 1,578 missions with the 12th Tactical Air Force and the 15th Strategic Air Force. (8) Colonel Davis later became the first Black flag officer of the United States Air Force, retired as a 3-star general, and was honored with a 4th star in retirement by President William J. Clinton. (9) German pilots, who both feared and respected the Tuskegee Airmen, called them the ``Schwartze Vogelmenshen'' (or ``Black Birdmen''). White American bomber crews reverently referred to them as the ``Black Redtail Angels'', because of the bright red painted on the tail assemblies of their fighter aircraft and because of their reputation for not losing bombers to enemy fighters as they provided close escort for bombing missions over strategic targets in Europe. (10) The 99th Fighter Squadron, after having distinguished itself over North Africa, Sicily, and Italy, joined 3 other Black squadrons, the 100th, the 301st, and the 302nd, designated as the 332nd Fighter Group. They then comprised the largest fighter unit in the 15th Air Force. From Italian bases, they destroyed many enemy targets on the ground and at sea, including a German destroyer in strafing attacks, and they destroyed numerous enemy aircraft in the air and on the ground. (11) Sixty-six of these pilots were killed in combat, while another 32 were either forced down or shot down and captured to become prisoners of war. These Black airmen came home with 150 Distinguished Flying Crosses, Bronze Stars, Silver Stars, and Legions of Merit, one Presidential Unit Citation, and the Red Star of Yugoslavia. (12) Other Black pilots, navigators, bombardiers and crewman who were trained for medium bombardment duty as the 477th Bomber Group (Medium) were joined by veterans of the 332nd Fighter Group to form the 477th Composite Group, flying the B-25 and P-47 aircraft. The demands of the members of the 477th Composite Group for parity in treatment and for recognition as competent military professionals, combined with the magnificent wartime records of the 99th Fighter Squadron and the 332nd Fighter Group, led to a review of the racial policies of the Department of War. (13) In September 1947, the United States Air Force, as a separate service, reactivated the 332d Fighter Group under the Tactical Air command. Members of the 332d Fighter Group were ``Top Guns'' in the 1st annual Air Force Gunnery Meet in 1949. (14) For every Black pilot there were 12 other civilian or military Black men and women performing ground support duties. Many of these men and women remained in the military service during the post-World War II era and spearheaded the integration of the Armed Forces of the United States. (15) Major achievements are attributed to many of those who returned to civilian life and earned leadership positions and respect as businessmen, corporate executives, religious leaders, lawyers, doctors, educators, bankers, and political leaders. (16) A period of nearly 30 years of anonymity for the Tuskegee Airmen was ended in 1972 with the founding of Tuskegee Airmen, Inc., in Detroit, Michigan. Organized as a non-military and nonprofit entity, Tuskegee Airmen, Inc., exists primarily to motivate and inspire young Americans to become participants in our Nation's society and its democratic process, and to preserve the history of their legacy. (17) The Tuskegee Airmen have several memorials in place to perpetuate the memory of who they were and what they accomplished, including-- (A) the Tuskegee Airmen, Inc., National Scholarship Fund for high school seniors who excel in mathematics, but need financial assistance to begin a college program; (B) a museum in historic Fort Wayne in Detroit, Michigan; (C) Memorial Park at the Air Force Museum at Wright-Patterson Air Force Base in Dayton, Ohio; (D) a statue of a Tuskegee Airman in the Honor Park at the United States Air Force Academy in Colorado Springs, Colorado; and (E) a National Historic Site at Moton Field, where primary flight training was performed under contract with the Tuskegee Institute. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to award to the Tuskegee Airmen, on behalf of Congress, a gold medal of appropriate design honoring the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to 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 authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized 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. Passed the Senate October 4, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Authorizes the President, on behalf of Congress, to award a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.

A bill to authorize the President to award a gold medal on behalf of Congress, collectively, to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Deployment and Early- Stage Business Investment Act of 2010''. SEC. 2. TECHNOLOGY DEPLOYMENT AND EARLY-STAGE BUSINESS INVESTMENT GRANT PROGRAM. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall establish a technology deployment and early-stage business investment grant program (in this section referred to as the ``program'') to support the development of early-stage businesses in targeted industries. (b) Grant Authority.-- (1) In general.--In carrying out the program, the Secretary is authorized to make grants to covered business accelerators. (2) Grant amounts.-- (A) Non-federal capital limitation.--A grant made to a covered business accelerator under the program may not be in an amount that exceeds the amount of the accelerator's capital that-- (i) is not from a Federal source; and (ii) is available for investment and business assistance services on or before the date on which a grant is drawn upon. (B) Aggregate amount limitation.--The aggregate amount of all grants made to a covered business accelerator under the program may not exceed $5,000,000. (c) Grant Award Process.--In making a grant under the program, the Secretary shall commit a grant amount to a covered business accelerator and the amount of each such commitment shall remain available to be drawn upon by the accelerator during the 5-year period beginning on the date on which each such commitment is first drawn upon. (d) Use of Grant.-- (1) In general.--A grant made under the program may be used by a covered business accelerator for the following: (A) Making an investment in an early-stage business in a targeted industry. (B) Providing training, counseling, and other assistance to an early-stage business in a targeted industry to support the development of the business. (C) Making investments in and providing support to an early-stage business in a targeted industry to assist the business with proof of concept activities that accelerate the deployment and commercialization of technology. (D) Providing purchased services to an early-stage business in a targeted industry. (E) Conducting due diligence activities. (F) Meeting operational expenses. (2) Limitations.-- (A) Proof of concept activities.--Not more than 40 percent of the amount of a grant made to a covered business accelerator under the program may be used by the accelerator to provide assistance for proof of concept activities. (B) Purchased services.--Not more than 20 percent of the amount of a grant made to a covered business accelerator under the program may be used by the accelerator to provide purchased services to an early- stage business in a targeted industry. (C) Due diligence activities.--Not more than 10 percent of the amount of a grant made to a covered business accelerator under the program may be used by the accelerator to conduct due diligence activities. (D) Operational expenses.--Not more than 20 percent of the amount of a grant made to a covered business accelerator under the program may be used by the accelerator to meet operational expenses. (3) Designation of grant uses.--In the application of a covered business accelerator for a grant under the program, the accelerator shall notify the Secretary of the percentage of the grant amount that will be used for each of the activities described in subparagraphs (A) through (F) of paragraph (1) and provide a detailed description of the activities to be undertaken. (e) Grant Conditions.-- (1) Fund manager.--As a condition of receiving a grant under the program, a covered business accelerator shall designate an individual as the fund manager for the grant amount and that individual shall administer and be responsible to the Secretary for information with respect to the grant amounts received. (2) Investment review.--As a condition of receiving a grant under the program, a covered business accelerator shall establish an investment evaluation process that involves not fewer than 5 individuals (3 of whom may not be employed by or related to the accelerator or an affiliate of the accelerator) who shall-- (A) review proposals for and advise the accelerator on the use of grant funds; (B) provide letters of support and reference to the Secretary with respect to proposals for the use of grant funds by the accelerator; and (C) submit periodic reports to the Secretary on the results of activities carried out with grant funds. (3) Collaborator.--As a condition of receiving a grant under the program, a covered business accelerator shall assign to each early-stage business in a targeted industry that is assisted with grant amounts a collaborator that shall be an individual or organization not otherwise employed by or related to the accelerator or an affiliate of the accelerator and that shall assist the accelerator in providing support to the business. (f) Federal Share of Activities.--The Federal share of the cost of an activity carried out by a covered business accelerator with the assistance of a grant under the program shall not exceed 75 percent. (g) Monitoring and Evaluation.-- (1) In general.--The Secretary shall assess the effectiveness of covered business accelerators that receive a grant under the program. (2) Data from accelerators.--Not later than one year after the date of receiving a grant under the program, a covered business accelerator shall provide to the Secretary information on the activities of the accelerator and the businesses assisted under the grant, including-- (A) the number of technologies that the businesses have moved from proof of concept activities to commercialization; (B) the number of jobs created by the businesses; (C) the amount of taxes paid by the businesses and the employees of the businesses; (D) the amount of private investment the businesses have received; and (E) other data that, as determined by the Secretary, may be used to measure the value of assistance under the program. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out the program-- (A) $250,000,000 for the first full fiscal year beginning after the date of enactment of this Act; and (B) such sums as may be necessary for subsequent fiscal years. (2) Prohibition on earmarks.--None of the funds appropriated for the program may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives. (i) Definitions.--In this Act, the following definitions apply: (1) Covered business accelerator.--The term ``covered business accelerator'' means a public or private not-for-profit organization, including an academic institution, that-- (A) operates a program providing assistance to early-stage businesses in targeted industries to support the development of those businesses, including assistance with proof of concept activities to accelerate the deployment and commercialization of technology; (B) has a physical location and on-site management for the program described under subparagraph (A); and (C) has procedures for selecting businesses for and graduating businesses from the program described under subparagraph (A). (2) Due diligence activities.--The term ``due diligence activities'' means activities undertaken to analyze and assess the desirability, value, and potential of an opportunity to provide assistance to an early-stage business in a targeted industry, including activities to analyze and assess the technology deployment and market potential of the business. (3) Early-stage business in a targeted industry.--The term ``early-stage business in a targeted industry'' means a small business concern that-- (A) is domiciled in a State; (B) has not generated gross annual revenues exceeding $5,000,000 in any of the previous 3 years; and (C) is engaged primarily in researching, developing, manufacturing, producing, or bringing to market goods or services with respect to any of the following business sectors: (i) Agricultural technology. (ii) Energy technology. (iii) Environmental technology. (iv) Life science technology. (v) Biotechnology. (vi) Information technology. (vii) Digital media. (viii) Clean technology. (ix) Defense technology. (x) Photonics technology. (xi) Electronic technology. (xii) Semiconductor technology. (xiii) Material science technology. (xiv) Aerospace. (xv) Communications. (xvi) Transportation. (4) Operational expenses.--The term ``operational expenses'' means the costs of operating a covered business accelerator, including overhead and management expenses. (5) Proof of concept activities.--The term ``proof of concept activities'' means activities carried out to validate and confirm the commercial viability of a technology, including the generation of data, prototypes, and pilot trials with respect to the technology. (6) Purchased services.--The term ``purchased services'' means any training, counseling, or other assistance provided to an early-stage business in a targeted industry that is provided by a covered business accelerator through an agreement with another entity, and not by the accelerator directly. (7) Secretary.--The terms ``Secretary'' and ``Secretary of Commerce'' mean the Secretary of Commerce acting through the Assistant Secretary of Commerce for Economic Development. (8) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

Technology Deployment and Early-Stage Business Investment Act of 2010 - Directs the Secretary of Commerce to establish a technology deployment and early-stage business investment grant program under which the Secretary makes grants to business accelerators (public or private nonprofit institutions, including academic institutions) to support the development of early-stage businesses in specified industries. Limits grants to $5 million per accelerator. Requires the Secretary to monitor and evaluate the effectiveness of each accelerator under the program.

To direct the Secretary of Commerce to establish a technology deployment and early-stage business investment grant program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Creation of a National Museum of Irish American History''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission to study the potential creation of a National Museum of Irish American History established by section 3(a). (2) Museum.--The term ``Museum'' means the National Museum of Irish American History. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment of Commission.-- (1) In general.--There is established the Commission to study the potential creation of an Irish American Museum. (2) Membership.--The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (A) The President shall appoint 7 voting members. (B) The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint-- (i) 3 voting members; and (ii) 1 nonvoting member. (3) Qualifications.--Members of the Commission shall be chosen from individuals, or representatives of institutions or entities, who possess either-- (A) a demonstrated commitment to the research, study, or promotion of Irish-American life, art, history, political or economic status, or culture, together with-- (i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Irish-American culture and history at the post-secondary level; (iv) experience in studying the issue of the Smithsonian Institution's representation of Irish-American art, life, history, and culture; or (v) extensive experience in public or elected service; or (B) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. (4) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (5) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Reports.-- (1) Plan of action for the establishment and maintenance of museum.--The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of an Irish-American Museum in Washington, D.C. (2) Report on issues.--The Commission shall examine, in consultation with the Secretary of the Smithsonian Institution, and submit a report to the President and the Congress on the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional Irish- American-related museums. (C) Possible locations for the Museum in Washington, D.C. and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts, the Department of the Interior, and Smithsonian Institution. (D) Whether the Museum should be located within the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) How to engage the Irish-American community in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (c) Independent Review.--The Commission shall obtain an independent review of the viability of the plan developed under subsection (b)(1) and such review shall include an analysis as to whether the plan is likely to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (d) Submission.--The Commission shall submit the plan developed under subsection (b)(1) and the review conducted under paragraph (3) to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (e) Recommendations for Legislation To Carry Out Plan of Action.-- Based on the recommendations contained in the report submitted under subsection (a), the Commission shall submit for consideration recommendations for a legislative plan of action to create and construct the Museum to-- (1) the Committee on Transportation and Infrastructure of the House of Representatives; (2) the Committee on House Administration of the House of Representatives; (3) the Committee on Rules and Administration of the Senate; (4) the Committee on Natural Resources of the House of Representatives; (5) the Committee on Energy and Natural Resources of the Senate; and (6) the Committees on Appropriations of the House of Representatives and the Senate (f) Deadline for Submission of Reports.--The Commission shall submit final versions the reports and plans required-- (1) under subsection (a) and (b) not later than 24 months after the date of the Commission's first meeting; and (2) under subsection (e) not later than 12 months after the date that the reports and plans referred to in paragraph (1) are submitted. (g) National Conference.--In carrying out its functions under this section, not later than 18 months after the commission members are selected, the Commission may host a national conference on the Museum, comprised of individuals committed to the advancement of Irish-American life, art, history, and culture. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.-- (1) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay.--Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal Employment.--Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical Assistance.-- (1) In general.--Subject to paragraph (2), on request of the Commission the head of a Federal agency may provide technical assistance to the Commission. (2) Detailees.--No Federal employees may be detailed to the Commission. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal Advisory Committee Act.--The Commission is not subject to the provisions of the Federal Advisory Committee Act. SEC. 7. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports and plans required under section 4 are submitted. SEC. 8. AUTHORIZATION FOR APPROPRIATIONS. There are authorized to be appropriated for carrying out the activities of the Commission-- (1) $2,100,000 for the first fiscal year beginning after the date of the enactment of this Act; and (2) $1,100,000 for the second fiscal year beginning after the date of the enactment of this Act.

Commission to Study the Creation of a National Museum of Irish American History This bill establishes a commission to study the potential for creating a National Museum of Irish American History. The commission shall report to the President and Congress on: its recommendations for a plan of action for the establishment of the museum in Washington, DC; the availability and cost of the collections to be acquired and housed; the impact of the museum on regional Irish-American-related museums; whether the museum should be located within the Smithsonian Institution; the governance and organizational structure of the museum; how to engage the Irish-American community in the museum's development and design; and the cost of constructing, operating, and maintaining the museum. The commission shall: (1) develop and obtain an independent review of a fund-raising plan to support the museum through public contributions, and (2) submit recommendations for a legislative plan of action for the creation and construction of the museum. The commission may host a national conference on the museum for individuals who are committed to the advancement of Irish-American life, art, history, and culture.

Commission to Study the Creation of a National Museum of Irish American History

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Opportunity Act of 2012''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. TITLE I--PROCUREMENT CENTER REPRESENTATIVES Sec. 101. Procurement center representatives. Sec. 102. Small Business Act contracting requirements training. TITLE II--ACQUISITION PLANNING Sec. 201. Acquisition planning. TITLE I--PROCUREMENT CENTER REPRESENTATIVES SEC. 101. PROCUREMENT CENTER REPRESENTATIVES. (a) In General.--Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is amended by striking the subsection enumerator and inserting the following: ``(l) Procurement Center Representatives.--''. (b) Assignment and Role.--Paragraph (1) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended to read as follows: ``(1) Assignment and role.--The Administrator shall assign to each major procurement center a procurement center representative with such assistance as may be appropriate.''. (c) Activities.--Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) is amended-- (1) in the matter preceding subparagraph (A) by striking ``(2) In addition to carrying out the responsibilities assigned by the Administration, a breakout'' and inserting the following: ``(2) Activities.--A''; (2) by striking subparagraph (A) and inserting the following: ``(A) attend any provisioning conference or similar evaluation session during which a determination may be made with respect to the procurement method to be used to satisfy a requirement, review any acquisition plan with respect to a requirement, and make recommendations regarding procurement method determinations and acquisition plans;''; (3) in subparagraph (B)-- (A) by striking ``(B) review, at any time, restrictions on competition'' and inserting the following: ``(B) review, at any time, barriers to small business participation in Federal contracting''; (B) by striking ``items'' and inserting ``goods and services''; and (C) by striking ``limitations'' and inserting ``barriers''; (4) in subparagraph (C) by striking ``(C) review restrictions on competition'' and inserting the following: ``(C) review barriers to small business participation in Federal contracting''; (5) by striking subparagraph (D) and inserting the following: ``(D) review any bundled or consolidated solicitation or contract in accordance with this Act;''; (6) in subparagraph (E) by striking ``(E) have access to'' and inserting the following: ``(E) have access to''; and (7) by striking subparagraphs (F) and (G) and inserting the following: ``(F) receive, from personnel responsible for reviewing unsolicited proposals, copies of unsolicited proposals from small business concerns and any information on outcomes relating to such proposals; ``(G) participate in any session or planning process and review any documents with respect to a decision to convert an activity performed by a small business concern to an activity performed by a Federal employee; ``(H) have electronic access to any acquisition plan developed or in development with respect to a procurement activity; ``(I) be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, including by advocating against the bundling of contract requirements when not justified; and ``(J) carry out any other responsibility assigned by the Administrator.''. (d) Appeals.--Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is amended by striking ``(3) A breakout procurement center representative'' and inserting the following: ``(3) Appeals.--A procurement center representative''. (e) Notification and Inclusion.--Paragraph (4) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended to read as follows: ``(4) Notification and inclusion.--A procurement center representative shall be notified of and included in all applicable acquisition planning processes.''. (f) Position Requirements.--Section 15(l)(5) of such Act (15 U.S.C. 644(l)(5)) is amended-- (1) by striking the paragraph enumerator and inserting the following: ``(5) Position requirements.--''; (2) by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--A procurement center representative assigned under this subsection shall-- ``(i) be a full-time employee of the Administration; ``(ii) be fully qualified, technically trained, and familiar with the goods and services procured by the major procurement center to which that representative is assigned; and ``(iii) have a Level III Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that any person serving in such a position on the date of enactment of this clause may continue to serve in that position for a period of 5 years without the required certification.''; and (3) in subparagraph (C) by striking ``(C) The Administration shall establish personnel positions for breakout procurement representatives and advisers assigned pursuant to'' and inserting the following: ``(B) Compensation.--The Administrator shall establish personnel positions for procurement center representatives assigned under''. (g) Major Procurement Center Defined.--Section 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amended-- (1) by striking ``(6) For purposes'' and inserting the following: ``(6) Major procurement center defined.--For purposes''; and (2) by striking ``other than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout procurement center representative'' and inserting ``goods or services, including goods or services that are commercially available''. (h) Training.--Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) is amended-- (1) by striking the paragraph enumerator and inserting the following: ``(7) Training.--''; (2) by striking subparagraph (A) and inserting the following: ``(A) Authorization.--At such times as the Administrator deems appropriate, a procurement center representative shall provide training for contracting officers, other appropriate personnel of the procurement center to which such representative is assigned, and small businesses groups seeking to do business with such procurement center. Such training shall acquaint the participants with the provisions of this subsection and shall instruct the participants in methods designed to further the purposes of this subsection. ``(B) Limitation.--A procurement center representative may provide training under subparagraph (A) only to the extent that the training does not interfere with the representative carrying out other activities under this subsection.''; and (3) in subparagraph (B)-- (A) by striking ``(B) The breakout procurement center representative'' and inserting the following: ``(8) Annual briefing and report.--A procurement center representative''; and (B) by striking ``sixty'' and inserting ``60''. SEC. 102. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Defense Acquisition University and the Federal Acquisition Institute shall each provide a course on contracting requirements under the Small Business Act, including the requirements for small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. (b) Course Required.--To have a Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification an individual shall be required to complete the course established under subsection (a). (c) Requirement That Business Opportunity Specialists Be Certified.--Section 7(j)(10)(D)(i) of the Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after ``to assist such Program Participant.'' the following: ``The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the Small Business Opportunity Act of 2012 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification.''. (d) GAO Report.--Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the relationship between the size and quality of the acquisition workforce and the Federal government's ability to maximize the utilization of small businesses in Federal procurement. The report shall specifcally address the following: (1) The extent to which training on small business contracting laws affects a contracting officer's determination to use one of the contracting authorities provided in the Small Business Act. (2) The relationship between a robust Federal acquisition workforce and small business success in obtaining Federal contracting opportunities. (3) The effect on economic growth if small businesses experienced a significant reduction in small business procurement activities. (4) The effect of the anticipated acceleration of retirements by the acquisition workforce on small business procurement opportunities. TITLE II--ACQUISITION PLANNING SEC. 201. ACQUISITION PLANNING. Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is amended-- (1) by striking ``the various agencies'' and inserting ``a Federal department or agency''; and (2) by striking the period and inserting ``and each such Federal department or agency shall-- ``(A) enumerate opportunities for the participation of small business concerns during all acquisition planning processes and in all acquisition plans; ``(B) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization in all acquisition planning processes and provide that Director access to all acquisition plans in development; and ``(C) invite the participation of the appropriate procurement center representative in all acquisition planning processes and provide that representative access to all acquisition plans in development.''.

Small Business Opportunity Act of 2012 - Amends the Small Business Act to replace the position of breakout procurement representative within the Small Business Administration (SBA) with the position of procurement center representative. Requires such representatives to, among other things, review any acquisition plan with respect to a procurement requirement, and make recommendations regarding procurement method determinations and acquisition plans. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to any acquisition plan developed or in development with respect to a procurement activity, (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting, and (3) be notified of and included in all applicable acquisition planning processes. Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act. Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement representative in such planning processes and provide Director and representative access to all acquisition plans in development.

To amend the Small Business Act with respect to procurement center representatives and acquisition planning, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Relief for Rural Veterans in Crisis Act of 2008''. SEC. 2. EXPANSION AND EXTENSION OF THE MEDICARE RURAL HOSPITAL FLEXIBILITY PROGRAM. (a) In General.--Section 1820(g) of the Social Security Act (42 U.S.C. 1395i-4(g)) is amended by adding at the end the following new paragraph: ``(6) Providing mental health services and other health services to veterans and other residents of rural areas.-- ``(A) Grants to states.--The Secretary may award grants to States that have submitted applications in accordance with subparagraph (B) for increasing the delivery of mental health services or other health care services deemed necessary to meet the needs of veterans of Operation Iraqi Freedom and Operation Enduring Freedom living in rural areas (as defined for purposes of section 1886(d) and including areas that are rural census tracks, as defined by the Administrator of the Health Resources and Services Administration), including for the provision of crisis intervention services and the detection of post-traumatic stress disorder, traumatic brain injury, and other signature injuries of veterans of Operation Iraqi Freedom and Operation Enduring Freedom, and for referral of such veterans to medical facilities operated by the Department of Veterans Affairs, and for the delivery of such services to other residents of such rural areas. ``(B) Application.-- ``(i) In general.--An application is in accordance with this subparagraph if the State submits to the Secretary at such time and in such form as the Secretary may require an application containing the assurances described in subparagraphs (A)(ii) and (A)(iii) of subsection (b)(1). ``(ii) Consideration of regional approaches, networks, or technology.--The Secretary may, as appropriate in awarding grants to States under subparagraph (A), consider whether the application submitted by a State under this subparagraph includes 1 or more proposals that utilize regional approaches, networks, health information technology, telehealth, or telemedicine to deliver services described in subparagraph (A) to individuals described in that subparagraph. For purposes of this clause, a network may, as the Secretary determines appropriate, include Federally qualified health centers, rural health clinics, home health agencies, community mental health clinics and other providers of mental health services, pharmacists, local government, and other providers deemed necessary to meet the needs of veterans. ``(iii) Coordination at local level.--The Secretary shall require, as appropriate, a State to demonstrate consultation with the hospital association of such State, rural hospitals located in such State, providers of mental health services, or other appropriate stakeholders for the provision of services under a grant awarded under this paragraph. ``(iv) Special consideration of certain applications.--In awarding grants to States under subparagraph (A), the Secretary shall give special consideration to applications submitted by States in which veterans make up a high percentage (as determined by the Secretary) of the total population of the State. Such consideration shall be given without regard to the number of veterans of Operation Iraqi Freedom and Operation Enduring Freedom living in the areas in which mental health services and other health care services would be delivered under the application. ``(C) Coordination with va.--The Secretary shall, as appropriate, consult with the Director of the Office of Rural Health of the Department of Veterans Affairs in awarding grants to States under subparagraph (A). ``(D) Use of funds.--A State awarded a grant under this paragraph may, as appropriate, use the funds to reimburse providers of services described in subparagraph (A) to individuals described in that subparagraph. ``(E) Limitation on use of grant funds for administrative expenses.--A State awarded a grant under this paragraph may not expend more than 15 percent of the amount of the grant for administrative expenses. ``(F) Final report.--Not later than 1 year after the date on which the last grant is awarded to a State under subparagraph (A), the Secretary shall submit a report to Congress on the grants awarded under such subparagraph. Such report shall include an assessment of the impact of such grants on increasing the delivery of mental health services and other health services to veterans of the United States Armed Forces living in rural areas (as so defined and including such areas that are rural census tracks), with particular emphasis on the impact of such grants on the delivery of such services to veterans of Operation Enduring Freedom and Operation Iraqi Freedom, and to other individuals living in such rural areas.''. (b) Use of Funds for Federal Administrative Expenses.--Section 1820(g)(5) of the Social Security Act (42 U.S.C. 1395i-4(g)(5)) is amended-- (1) by striking ``beginning with fiscal year 2005'' and inserting ``for each of fiscal years 2005 through 2008''; and (2) by inserting ``and, of the total amount appropriated for grants under paragraphs (1), (2), and (6) for a fiscal year (beginning with fiscal year 2009)'' after ``2005)''. (c) Extension of Authorization for FLEX Grants.--Section 1820(j) of the Social Security Act (42 U.S.C. 1395i-4(j)) is amended-- (1) by striking ``and for'' and inserting ``for''; and (2) by inserting ``, for making grants to all States under paragraphs (1) and (2) of subsection (g), $55,000,000 in each of fiscal years 2009 and 2010, and for making grants to all States under paragraph (6) of subsection (g), $50,000,000 in each of fiscal years 2009 and 2010, to remain available until expended'' before the period at the end.

Relief for Rural Veterans in Crisis Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to: (1) authorize the Secretary of Health and Human Services to award grants to states for increasing the delivery of mental health services or other health care services deemed necessary to meet the needs of veterans of Operation Iraqi Freedom and Operation Enduring Freedom living in rural areas; and (2) extend the authorization for Medicare rural hospital flexibility program (FLEX) grants.

A bill to amend title XVIII of the Social Security Act to expand the Medicare Rural Hospital Flexibility Program to increase the delivery of mental health services and other health services to veterans of Operation Enduring Freedom and Operation Iraqi Freedom and to other residents of rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Security and Iran Sanctions Enforcement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illicit nuclear activities of the Government of Iran--combined with its development of unconventional weapons and ballistic missiles and support for international terrorism--represent a serious threat to the security of the United States and United States allies in Europe, the Middle East, and around the world. (2) Executive Order 12959, issued on May 8, 1995, banned all new investment in Iran by United States individuals and companies. (3) On August 5, 1996, the Iran and Libya Sanctions Act of 1996 (later re-titled the Iran Sanctions Act of 1996) was enacted in order, among other purposes, to encourage foreign persons to withdraw from the Iranian market. (4) United Nations Security Council Resolution 1929 (June 9, 2010) notes, ``the potential connection between Iran's revenues derived from its energy sector and the funding of Iran's proliferation-sensitive nuclear activities,'' and further notes that ``chemical process equipment and materials required for the petrochemical industry have much in common with those required for certain sensitive nuclear fuel cycle activities''. (5) Through its sanctions regime, the United States Government seeks to prevent the Iranian Government and engineers and scientists employed by state-owned Iranian energy companies or companies affiliated with Iran's Revolutionary Guard Corps from gaining access to key domain expertise, technology and equipment that could aid the development of Iran's energy sector and also assist Iran in certain proliferation activities. (6) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which was signed into law on July 1, 2010, included sanctions against goods, services, and technology to modernize Iran's oil and natural gas sector. (7) The threat of sanctions has constrained the supply of capital, technology, and services to the Iranian petroleum sector, and several companies have withdrawn their business from Iran. (8) The Government of Iran is pursuing partnerships outside Iran with foreign energy-related companies, including joint ventures, investments, and partnerships. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency and the United Nations Security Council to end the Government of Iran's illicit nuclear activities; (2) international diplomatic efforts to address the Government of Iran's illicit nuclear efforts and support for international terrorism are more likely to be effective if strong additional sanctions are imposed on the Government of Iran; (3) the concerns of the United States regarding the Government of Iran are strictly the result of the actions of the Government of Iran; (4) Iranian partnerships outside Iran with foreign energy- related companies, including joint ventures, investments and partnerships, could give the Iranian Government and engineers and scientists employed by state-owned Iranian energy companies or companies affiliated with Iran's Revolutionary Guard Corps access to key domain expertise, technology and equipment that could aid the development of Iran's energy sector and also assist Iran in certain proliferation activities; (5) joint ventures with Iranian state-owned energy companies serve to interfere with international attempts to build a consensus for action regarding the Government of Iran's ongoing refusal to comply with its international obligations regarding its nuclear program; and (6) in order for sanctions to be effective and enabling a diplomatic solution, the Government of Iran should be prevented from disregarding their international obligations by prohibiting foreign companies from receiving Iranian capital, technology, and expertise, and by blocking foreign energy- related companies from entering into joint ventures, investments, and partnerships for energy and energy-related projects outside of Iran. SEC. 4. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING. (a) Certification Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that requires that-- (A) the person that is the lessee to certify annually to the Secretary that the person does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a certification or makes such a certification that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of the Treasury, that the person has failed to make a certification required under such provision or made such a certification that is false, shall cancel the lease. (b) Disclosure Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that-- (A) requires the person that is the lessee to disclose to the Secretary any participation by the person in any energy-related joint venture, investment, or partnership located outside Iran that involves-- (i) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism); (ii) any person whose property and interests in property are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or (iii) any entity listed on appendix A to part 560 of title 31, Code of Federal Regulations (relating to the Iranian Transactions Regulations); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a disclosure or makes such a disclosure that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of the Treasury, that the person has failed to make a disclosure required under such provision or made such a disclosure that is false, shall cancel the lease. (c) Waiver.-- (1) In general.--The Secretary of the Interior may waive the requirement of subsection (a) or (b) (or both) on a case- by-case basis if the Secretary determines and certifies in writing to the appropriate congressional committees that it is in the national interest of the United States to do so. (2) Reporting requirement.--Not later than 120 days after the date of the enactment of this Act and semi-annually thereafter, the Secretary of the Interior shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). (d) Reporting Requirement.--The Secretary of the Interior shall promptly report to the appropriate congressional committees any cancellation of a lease under this section, including an explanation of the reasons for the cancellation. (e) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate; and (2) the term ``person'' has the meaning given such term in section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). SEC. 5. SUNSET. This Act shall terminate 30 days after the date on which the President certifies to Congress that the Government of Iran-- (1) has permanently ceased-- (A) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (B) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles; and (2) poses no significant threat to United States national security, interests, or allies.

Gulf Security and Iran Sanctions Enforcement Act - Declares the sense of Congress about sanctions for the government of Iran's illicit nuclear activities and support for international terrorism. Urges that foreign companies be prohibited from receiving Iranian capital, technology, and expertise, and that foreign energy-related companies, especially, be blocked from entering into joint ventures, investments, and partnerships for energy and energy-related projects outside of Iran. Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one. Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure. Allows a national interest waiver of these requirements.

To restrict participation in offshore oil and gas leasing by a person who engages in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996, to require the lessee under an offshore oil and gas lease to disclose any participation by the lessee in certain energy-related joint ventures, investments, or partnerships located outside Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Aid Act of 2001''. SEC. 2. ESTABLISHMENT OF PROGRAM. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following new part: PART L--ACCESS AID ACT ``SEC. 10995A. INNOVATIVE PARTNERSHIPS AUTHORIZED. ``(a) Purposes of Access Aid Act.--The Secretary is authorized, in accordance with the requirements of this part, to establish a demonstration program with the following purposes: ``(1) Encourage nonprofit organizations working with local school districts to establish a program that identifies and mentors college eligible students and their families on college selection, college admissions, and college funding. Such program shall serve students no later than the end of grade 10 and shall continue to support them until the end of their 4- or 5-year college career. Nonprofit organizations shall provide comprehensive mentoring, supportive services, and outreach to students and others and schools participating under this part to promote enrollment of first generation, low-income students and others in colleges and universities across the Nation. ``(2) Shift the cost of programs established under this part from the Federal Government to the private sector after 24 months to ensure that programs created under this part continue without Federal funds. ``(3) A nonprofit organization selected to receive assistance under this part shall involve parents or legal guardians of students in every aspect of college selection and college admissions in the financial aid process. ``(b) Counseling Component; Individual Services.--The primary focus of the counseling services under this part shall be college selection, college admissions, and college funding. Such counseling shall involve the students' parents or legal guardians and shall be conducted on an individual and confidential basis. The program shall enable students to evaluate and select a college based on the student's interest level and qualifications not cost. Such support programs ensures a higher rate of college graduation. ``(c) Emergency Grant Component.--Programs under this part may provide participating students small grants to underwrite the costs of college visits or to purchase books and equipment required by (but not included in) the student budget of the college. In addition, emergency grants may be used when a student's demonstrated need is not fully funded by the postsecondary institution. In every case, emergency grants will be made pursuant to the purposes outlined in this part. ``(d) Workshops Component.--In addition to individual counseling of students and scholars, the organization shall provide outreach support to each participating school's guidance or career counseling staff and provide workshops relating to college admissions, college funding, and financial aid form completion to the general population of each participating school or other interested schools. At each project site, the organization shall provide no less than 10 workshops in participating and surrounding school districts. ``SEC. 10995B. IMPLEMENTATION OF PROGRAM. ``(a) Identification of Participants.--The students selected for assistance under this part shall be nominated for the program by the staffs of the participating high schools. The primary standard for selection relates to college eligible, first generation, low-income students, with no student served by TRIO or GEAR UP eligible for the program under this part. ``(b) Scope of Access Aid.--Students shall be selected for assistance under this part in each State. ``(c) Qualifying Organizations.--In order to qualify for a grant under this part, the applicant shall-- ``(1) be a tax-exempt not-for-profit organization; ``(2) not be affiliated with a public or private educational institution; ``(3) not sell a financial product of any kind; ``(4) demonstrate experience in the college admissions and college funding arenas; ``(5) demonstrate familiarity with Federal outreach programs; ``(6) demonstrate prior experience with the public secondary school sector; ``(7) provide evidence that there is a demand by schools and school districts for its program; ``(8) provide a plan for orderly shift of the funding component from the public to the private sector; ``(9) provide for a plan for public awareness of the program, the participants, and the outcomes; ``(10) provide a plan for counseling services for participants from entry into the program until completion of college; and ``(11) include a quantifiable evaluation plan. ``(d) Plan Required for Eligibility.-- ``(1) In order to qualify for a grant under this part, the applicant shall submit to the Secretary a plan for carrying out the program under this part. Such plan shall describe the program, including the selection process for participating students and the districts, the services rendered, and the strategy to be used to shift the funding responsibility from the Federal Government to the private sector. ``(2) The plan submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information, and be submitted at such time as the Secretary may require by regulation and shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances to ensure compliance with the requirements of this part. ``SEC. 10995C. EARLY INTERVENTION. ``In order to receive payments under this part, an organization shall demonstrate to the satisfaction of the Secretary that the organization will provide comprehensive mentoring, outreach, and supportive services to students, parents, and schools participating under this part to promote enrollment of first generation, low-income students in colleges and universities across the Nation. Such individual services shall begin not later than the end of the 10th grade and shall continue until completion of college. Such counseling must involve the students' parents or legal guardians and shall be conducted on an individual and confidential basis. The primary focus of the counseling services shall be college selection, college admissions, and college funding. In order to assure completion of college, the program shall have participating students select and attend colleges across the Nation based upon their appropriateness for the student rather than the cost. ``SEC. 10995D. USES OF FUNDS. ``(a) In General.--The Secretary shall, by regulation, establish criteria for determining whether comprehensive mentoring, counseling, outreach, and supportive services programs may be used to meet the requirements of this part. ``(b) Allowable Providers.--To meet the requirements of this part, the organization may contract on a limited basis certain services from other providers. ``SEC. 10995E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $2,000,000 for each of fiscal years 2002 through 2006.''.

Access to Aid Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to establish a demonstration program to assist nonprofit organizations working with local school districts to establish programs that identify and mentor college-eligible students and their families.

To amend the Elementary and Secondary Education Act of 1965 to establish a program to identify and mentor college eligible high school students and their parents or legal guardians, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Future Healthcare Act of 2016''. SEC. 2. REFORM OF HEALTH SAVINGS ACCOUNTS. (a) Repeal of High Deductible Health Plan Requirement.--Section 223(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual.''. (b) Increase in Deductible HSA Contribution Limitations.--Section 223(b)(1) of such Code is amended by striking ``the sum of the monthly'' and all that follows through ``eligible individual'' and inserting ``$10,000 ($20,000 in the case of a joint return)''. (c) Medicare Eligible Individuals Eligible To Contribute to HSA.-- Section 223(b) of such Code is amended by striking paragraph (7). (d) Purchase of Health Insurance.--Section 223(d)(2) of such Code is amended-- (1) by striking subparagraphs (B) and (C), and (2) in subparagraph (A) by striking ``(A) In general'' and all that follows through ``The term'' and inserting ``The term''. (e) Cost-of-Living Adjustment for Catchup Contributions.--Section 223(f)(1) of such Code (as redesignated by subsection (g)(3)) is amended by striking ``Each dollar amount in subsections (b)(2) and (c)(2)(A)'' and inserting ``In the case of a taxable year beginning after December 31, 2015, each dollar amount in paragraphs (1) and (2) of subsection (b)''. (f) Cost-of-Living Adjustment Indexed to CPI Medical Care Component.--Section 223(f) (as so redesignated) is amended by adding at the end the following new paragraph: ``(3) CPI medical care component.-- ``(A) In general.--For purposes of paragraph (1), the cost-of-living adjsutment determined under section 1(f)(3) for the calendar year shall be determined by substituting `CPI medical care component' for `CPI'. ``(B) CPI medical care component.--For purposes of subparagraph (A), the term `CPI medical care component' means the medical care component for the Consumer Price Index for All Urban Consumers published by the Department of Labor.''. (g) Conforming Amendments.-- (1) Section 223(b) of such Code is amended by striking paragraphs (2), (5), and (8) and by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively. (2) Section 223(b)(3) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence. (3) Section 223 of such Code is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (4) Section 223(c)(1)(A) of such Code (as redesignated by paragraph (3)) is amended-- (A) by striking ``subsection (f)(5)'' and inserting ``subsection (e)(5)'', and (B) in clause (ii) by striking ``the sum of--'' and all that follows and inserting ``the dollar amount in effect under subsection (b)(1).''. (5) Section 223(f)(1) (as redesignated by paragraph (3)) is amended by striking ``calendar year 2003'' and inserting ``calendar year 2014''. (6) Section 26(b)(U) of such Code is amended by striking ``section 223(f)(4)'' and inserting ``section 223(e)(4)''. (7) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking ``section 223(d)'' each place it appears and inserting ``section 223(c)''. (8) Section 106(d)(1) of such Code is amended-- (A) by striking ``who is an eligible individual (as defined in section 223(c)(1))'', and (B) by striking ``section 223(d)'' and inserting ``section 223(c)''. (9) Section 408(d)(9) of such Code is amended-- (A) in subparagraph (A) by striking ``who is an eligible individual (as defined in section 223(c)) and'', and (B) in subparagraph (C) by striking ``computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution''. (10) Section 877A(g)(6) of such Code is amended by striking ``223(f)(4)'' and inserting ``223(e)(4)''. (11) Section 4973(g) of such Code is amended-- (A) by striking ``section 223(d)'' and inserting ``section 223(c)'', (B) in paragraph (2), by striking ``section 223(f)(2)'' and inserting ``section 223(e)(2)'', and (C) by striking ``section 223(f)(3)'' and inserting ``section 223(e)(3)''. (12) Section 4975 of such Code is amended-- (A) in subsection (c)(6)-- (i) by striking ``section 223(d)'' and inserting ``section 223(c)'', and (ii) by striking ``section 223(e)(2)'' and inserting ``section 223(d)(2)'', and (B) in subsection (e)(1)(E), by striking ``section 223(d)'' and inserting ``section 223(c)''. (13) Section 6693(a)(2)(C) of such Code is amended by striking ``section 223(h)'' and inserting ``section 223(g)''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 3. HSA ROLLOVER TO MEDICARE ADVANTAGE MSA. (a) In General.--Section 138(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (A), by adding ``or'' at the end of subparagraph (C), and by adding at the end the following new subparagraph: ``(C) a HSA rollover contribution described in subsection (d)(5),''. (b) HSA Rollover Contribution.--Section 138(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirement of subparagraphs (A) and (B). ``(A) In general.--The requirements of this subparagraph are met in the case of an amount paid or distributed from a health savings to the account beneficiary to the extent the amount is received is paid into a Medicare Advantage MSA of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a health savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a health savings account which was not includible in the individual's gross income because of the application of section 223(e)(5)(A).''. (c) Conforming Amendment.--Section 223(e)(5)(A) of such Code, as amended by section 2, is amended by inserting ``or Medicare Advantage MSA'' after ``into a health savings account''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

American Future Healthcare Act of 2016 This bill amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: repeal the requirement that an individual making a tax deductible contribution to an HSA be covered by a high deductible health care plan; increase the maximum HSA contribution level; allow Medicare eligible individuals to contribute to an HSA; allow HSAs to be used to purchase health insurance; provide a cost-of-living adjustment for the limits on additional contributions for individuals 55 or older (catch-up contributions); require the cost-of-living adjustments to be indexed to the CPI medical care component (the medical care component for the Consumer Price Index for All Urban Consumers published by the Department of Labor); and allow a rollover of HSA amounts to a Medicare Advantage Medical Savings Account (MSA).

American Future Healthcare Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandparent and Family Caregiver Support Act of 1997''. SEC. 2. WORK REQUIREMENTS NOT TO APPLY TO FAMILIES HEADED BY AN ADULT NONPARENTAL RELATIVE CAREGIVER. (a) Work Participation Rates To Be Determined Without Regard to Families Headed by an Adult Nonparental Relative Caregiver.--Section 407(b) of the Social Security Act (42 U.S.C. 607(b)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by adding at the end the following: ``(6) Disregard of families headed by an adult nonparental relative caregiver.--In determining the participation rates under this subsection, a State shall disregard any exempt family.''. (b) Adult Nonparental Relative Caregiver Head of Family Exempted From Penalties for Refusal To Work.--Section 407(e) of the Social Security Act (42 U.S.C. 607(e)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by adding at the end the following: ``(3) Exception for adult nonparental relative caregiver head of family.--Paragraph (1) shall not apply to any exempt adult.''. (c) Prohibition Against Imposition of Work Requirements.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by adding at the end the following: ``(12) Prohibition against imposition of work requirements on families headed by an adult nonparental relative caregiver.--A State to which a grant is made under this part shall not use any part of the grant to require an exempt adult to work, or to otherwise penalize an exempt adult or an exempt family for the refusal of an exempt adult to work. (d) Penalty for Imposition of Work Requirements.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by redesignating paragraph (12) as paragraph (13) and inserting after paragraph (11) the following: ``(12) Penalty for imposition of work requirements on families headed by an adult nonparental relative caregiver.--If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by 5 percent.''. SEC. 3. TIME LIMITS NOT TO APPLY TO ADULT NONPARENTAL RELATIVE CAREGIVER HEADS OF FAMILIES. (a) Inapplicability of Time Limit Provisions.-- (1) 2-year work provision.--Section 402(a)(1)(A)(ii) of the Social Security Act (42 U.S.C. 602(a)(1)(A)(ii)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by inserting ``, except as provided in section 407(e)(3)'' before the period. (2) 5-year limit.-- (A) In general.--Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following: ``(E) Disregard of months of assistance received by family head who is an adult nonparental relative caregiver.--In determining the number of months for which an adult has received assistance under the State program funded under this part, the State shall disregard any month during which the adult is an exempt adult.''. (B) Conforming amendment.--Section 408(a)(1)(B) of the Social Security Act (42 U.S.C. 608(a)(1)(B)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by striking ``or (D)'' and inserting ``, (D), or (E)''. (b) Prohibition Against Imposition of Time Limits.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and as amended by section 2(c) of this Act, is amended by adding at the end the following: ``(13) Prohibition against imposition of time limits on families headed by an adult nonparental relative caregiver.--A State to which a grant is made under this part shall not use any part of the grant to impose a limit on the duration of assistance to an exempt adult or an exempt family under any Federal, State, or local program, or to otherwise penalize an exempt adult or an exempt family by reason of such status. (d) Penalty for Imposition of Time Limits.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and as amended by section 2(d) of this Act, is amended by redesignating paragraph (13) as paragraph (14) and inserting after paragraph (12) the following: ``(13) Penalty for imposition of time limits on families headed by an adult nonparental relative caregiver.--If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by 5 percent.''. SEC. 4. GRANTS TO STATES FOR ASSISTANCE PROVIDED FOR ADULT NONPARENTAL RELATIVE CAREGIVERS. Section 403(a) of the Social Security Act (42 U.S.C. 607(b)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by adding at the end the following: ``(5) Grants for support provided for adult nonparental relative caregivers.-- ``(A) In general.--Each eligible State shall be entitled to receive from the Secretary a grant for each fiscal year in an amount equal to the total amount expended by the State during the immediately preceding fiscal year under the State program funded under this part for assistance to any exempt family or exempt adult for any month for which the family or the adult, in the absence of section 408(a)(7)(E), would not be eligible for such assistance. ``(B) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for grants under this paragraph such sums as may be necessary for each fiscal year.''. SEC. 5. DEFINITIONS. Section 419 of the Social Security Act (42 U.S.C. 607(b)), as added by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended by redesignating paragraphs (2) through (5) as paragraphs (4) through (7), respectively, and by inserting after paragraph (1) the following: ``(2) Exempt adult.--The term `exempt adult' means an adult who is-- ``(A) living with and caring for a minor child who is related to (but not a biological child of) the adult; and ``(B) the head of a family that-- ``(i) does not include a parent of any such minor child; and ``(ii) does not include a biological child of the adult. ``(3) Exempt family.--The term `exempt family' means a family which-- ``(A) is headed by an adult who is living with and caring for a minor child who is related to (but not a biological child of) the adult; ``(B) does not include a parent of any such minor child; and ``(C) does not include a biological child of the adult.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Grandparent and Family Caregiver Support Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to generally exempt adult nonparental relative caregiver heads of families on TANF assistance from various specified (welfare reform) provisions added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that involve work and various time limits, including the five-year limit on TANF assistance. Sanctions States that ignore such exemption in imposing work requirements and time limits on such adults with reduced State TANF grants. Provides for grants to States for assistance provided for adult nonparental relative caregivers.

Grandparent and Family Caregiver Support Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare at 55 Act''. SEC. 2. MEDICARE BUY-IN OPTION FOR INDIVIDUALS 55 TO 64 YEARS OF AGE. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) is amended by adding at the end the following new section: ``medicare buy-in option for individuals 55 to 64 years of age ``Sec. 1899C. (a) Option.-- ``(1) In general.--Every individual who meets the requirements described in paragraph (3) shall be eligible to enroll under this section. ``(2) Part a, b, and d benefits.--An individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA-PD plan). ``(3) Requirements for eligibility.--The requirements described in this paragraph are the following: ``(A) The individual is a resident of the United States. ``(B) The individual is-- ``(i) a citizen or national of the United States; or ``(ii) an alien lawfully admitted for permanent residence. ``(C) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. ``(D) The individual has attained 55 years of age but has not attained 65 years of age. ``(b) Enrollment; Coverage.--The Secretary shall establish enrollment periods and coverage under this section consistent with the principles for establishment of enrollment periods and coverage for individuals under other provisions of this title. The Secretary shall establish such periods so that coverage under this section shall first begin on January 1, 2019. ``(c) Premium.-- ``(1) Amount of monthly premiums.--The Secretary shall, during September of each year (beginning with 2018), determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to \1/12\ of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. ``(2) Annual premium.-- ``(A) Combined per capita average for all medicare benefits.--The Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. ``(B) Annual premium.--The annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. ``(3) Increased premium for certain part c and d plans.-- Nothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. ``(d) Payment of Premiums.-- ``(1) In general.--Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. ``(2) Deposit.--Amounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. ``(e) Not Eligible for Medicare Cost-Sharing Assistance.--An individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. ``(f) Treatment in Relation to the Affordable Care Act.-- ``(1) Satisfaction of individual mandate.--For purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. ``(2) Eligibility for premium assistance.--Coverage provided under this section-- ``(A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986 other than subsection (c)(2)(B) thereof; and ``(B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. The Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of such Code. ``(3) Eligibility for cost-sharing subsidies.--For purposes of applying section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071)-- ``(A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and ``(B) the Secretary shall be treated as the issuer of such plan. ``(g) Guaranteed Issue of Medigap Policies Upon First Enrollment and Each Subsequent Enrollment.--In the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)-- ``(1) shall be applied by substituting `55' for `65'; ``(2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 55 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and ``(3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age. ``(h) No Effect on Benefits for Individuals Otherwise Eligible or on Trust Funds.--The Secretary shall implement the provisions of this section in such a manner to ensure that such provisions-- ``(1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and ``(2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). ``(i) Consultation.--In promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, and insurance companies.''.

Medicare at 55 Act This bill amends title XVIII (Medicare) of the Social Security Act to allow individuals aged 55 to 64 to buy into Medicare or Medicare Advantage. Such enrollees shall be entitled to Medicare hospital, medical, and prescription-drug benefits. The Secretary of Health and Human Services (HHS) must establish enrollment periods and determine monthly premiums with respect to such enrollees, as specified by the bill. Premium amounts collected by HHS shall be deposited in the Hospital Insurance and Supplementary Medical Insurance Trust Funds. Such enrollees shall not be eligible for Medicare cost-sharing assistance but may be eligible for premium assistance under the Patient Protection and Affordable Care Act.

Medicare at 55 Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Character Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) inadequate planning at the State level contributes to increased public and private capital costs for infrastructure development, loss of community character, and environmental degradation; (2) land use planning is rightfully within the jurisdiction of State and local governments; (3) comprehensive planning and community development should be supported by the Federal Government and State governments; (4) States should provide a proper climate and context for planning through legislation in order for appropriate comprehensive land use planning and community development to occur; (5) many States have outdated land use planning legislation, and many States are undertaking efforts to update and reform the legislation; and (6) efforts to coordinate State resources with local plans require additional planning at the State level. SEC. 3. DEFINITIONS. In this Act: (1) Federal land management agency.--The term ``Federal land management agency'' means the Bureau of Land Management, the Forest Service, and any other Federal land management agency that conducts land use planning for Federal land. (2) Land use planning legislation.--The term ``land use planning legislation'' means a statute, regulation, executive order or other action taken by a State to guide, regulate, and assist in the planning, regulation, and management of land, natural resources, development practices, and other activities related to the pattern and scope of future land use. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (4) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) State planning director.--The term ``State planning director'' means the State official designated by statute or by the Governor whose principal responsibility is the drafting and updating of State guide plans or guidance documents that regulate land use and infrastructure development on a statewide basis. SEC. 4. GRANTS TO STATES FOR UPDATING LAND USE PLANNING LEGISLATION AND INTEGRATING FEDERAL LAND MANAGEMENT AND STATE PLANNING. (a) In General.--The Secretary shall establish a program to provide grants to States for the purpose of assisting in-- (1) as a first priority, development or revision of land use planning legislation in States that currently have inadequate or outmoded land use planning legislation; and (2) creation or revision of State comprehensive land use plans or plan elements in States that have updated land use planning legislation. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary, in such form as the Secretary may require, an application demonstrating that the State's basic goals for land use planning legislation reform are consistent with all of the following guidelines: (1) Citizen representation.--Citizens are notified and citizen representation is required in the developing, adopting, and updating of land use plans. (2) Multijurisdictional cooperation.--In order to effectively manage the impacts of land development and to provide for resource sustainability, land use plans are created based on multi-jurisdictional governmental cooperation, when practicable, particularly in the case of land use plans based on watershed boundaries. (3) Implementation elements.--Land use plans contain an implementation element that-- (A) includes a timetable for action and a definition of the respective roles and responsibilities of agencies, local governments, and other stakeholders; (B) is consistent with State capital budget objectives; and (C) provides the framework for decisions relating to the siting of future infrastructure development, including development of utilities and utility distribution systems. (4) Comprehensive planning.--There is comprehensive planning to encourage land use plans that-- (A) promote sustainable economic development and social equity; (B) enhance community character; (C) coordinate transportation, housing, education, and other infrastructure development; (D) conserve historic resources, scenic resources, and the environment; and (E) sustainably manage natural resources. (5) Updating.--Land use plans are routinely updated. (6) Standards.--Land use plans reflect an approach that is consistent with established professional planning standards. (c) Use of Grant Funds.--Grant funds received by a State under subsection (a) shall be used to obtain technical assistance in-- (1) drafting land use planning legislation; (2) research and development for land use planning programs and requirements relating to the development of State guide plans; (3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and (4) integrating State and regional concerns and land use plans with Federal land use plans. (d) Amount of Grant.--The amount of a grant to a State under subsection (a) shall not exceed $500,000. (e) Cost-Sharing.--The Federal share of a project funded with a grant under subsection (a) shall not exceed 90 percent. (f) Audits.-- (1) In general.--The Inspector General of the Department of Housing and Urban Development shall conduct an audit of a portion of the grants provided under this section to ensure that all funds provided under the grants are used for the purposes specified in this section. (2) Use of audit results.--The results of audits conducted under paragraph (1) and any recommendations made in connection with the audits shall be taken into consideration in awarding any future grant under this section to a State. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2001 through 2005. SEC. 5. FEDERAL LAND MANAGEMENT AGENCIES. (a) Land Use Planning Coordinator.--The head of each Federal land management agency shall designate an officer to act as coordinator working with State planning directors on projects funded under section 4. (b) Provision of Information.--A Federal land management agency shall provide to a State planning director such background information, plans, and relevant budget information as the State planning director considers to be needed in connection with a project funded under section 4. (c) Assistance and Participation in Community Organized Events.-- Each Federal land management agency shall participate in any community organized events requested by the State planning director.

Requires grant funds to be used to obtain technical assistance in: (1) drafting such legislation; (2) research and development for land use planning programs and requirements relating to the development of State guide plans; (3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and (4) integrating State and regional concerns and land use plans with such Federal plans. Requires each Federal land management agency to designate, provide information to, and participate in community events as requested by, a coordinator to work with State planning directors on funded projects.

Community Character Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Attorney Fee Payment System Improvement Act of 2001''. SEC. 2. INCREASE IN MAXIMUM ALLOWABLE ATTORNEY FEE AND CAP ON ATTORNEY ASSESSMENTS. (a) Maximum Allowable Attorney Fee.--Section 206(a)(2)(A) of the Social Security Act (42 U.S.C. 406(a)(2)(A)) is amended-- (1) in clause (ii)(II), by striking ``$4,000'' and inserting ``$5,200''; and (2) in the matter following clause (iii), by striking ``January 1, 1991'' and inserting ``January 1, 2001''. (b) Cap on Attorney Assessments.--Section 206(d)(2)(A) of such Act (42 U.S.C. 406(d)(2)(A)) is amended by inserting ``, except that the maximum amount of the assessment may not exceed $100'' after ``subparagraph (B)''. SEC. 3. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS. Section 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) is amended-- (1) in the matter in subparagraph (A) preceding clause (i)-- (A) by striking ``section 206(a)'' and inserting ``section 206''; (B) by striking ``(other than paragraph (4) thereof)'' and inserting ``(other than subsections (a)(4) and (d) thereof); and (C) by striking ``paragraph (2) thereof'' and inserting ``such section''; (2) in subparagraph (A)(i), by striking ``in subparagraphs (A)(ii)(I) and (C)(i),'' and inserting ``in subparagraphs (A)(ii)(I) and (D)(i) of subsection (a)(2) and in subsection (a)(4)'', and by striking ``and'' at the end; and (3) by striking subparagraph (A)(ii) and inserting the following: ``(ii) by substituting, in subsections (a)(2)(B) and (b)(1)(B)(i), the phrase `section 1631(a)(7)(A) or the requirements of due process of law' for the phrase `subsection (g) or (h) of section 223'; ``(iii) by substituting, in subsection (a)(2)(C)(i), the phrase `under title II' for the phrase `under title XVI'; ``(iv) by substituting, in subsection (a)(4), the phrase `shall pay' for the phrase `shall, notwithstanding section 205(i), certify for payment'; and ``(v) by substituting, in subsection (b)(1)(A), the phrase `pay the amount of such fee' for the phrase `certify the amount of such fee for payment' and by striking, in subsection (b)(1)(A), the phrase `or certified for payment'; and ``(vi) by substituting, in subsection (b)(1)(B)(ii), the phrase `deemed to be such amounts as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a)' for the phrase `determined before any applicable reduction under section 1127(a))'.''; (4) by redesignating subparagraph (B) as subparagraph (D); and (5) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Subject to subparagraph (C), if the claimant is determined to be entitled to past-due benefits under this title and the person representing the claimant is an attorney, the Commissioner of Social Security shall pay out of such past-due benefits (as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a)) to such attorney an amount equal to so much of the maximum fee as does not exceed 25 percent of such past-due benefits (as so determined and so reduced). ``(C)(i) Whenever a fee for services is required to be certified for payment to an attorney from a claimant's past-due benefits pursuant to subparagraph (B), the Commissioner shall impose on the attorney an assessment calculated in accordance with clause (ii). ``(ii)(I) The amount of an assessment under clause (i) shall be equal to the product obtained by multiplying the amount of the representative's fee that would be required to be so certified by subparagraph (B) before the application of this subparagraph, by the percentage specified in subclause (II), except that the maximum amount of the assessment may not exceed $100. ``(II) The percentage specified in this subclause is such percentage rate as the Commissioner determines is necessary in order to achieve full recovery of the costs of determining and approving fees to attorneys from the past-due benefits of claimants, but not in excess of 6.3 percent. ``(iii) The Commissioner may collect the assessment imposed on an attorney under clause (i) by offset from the amount of the fee otherwise required by subparagraph (B) to be paid to the attorney from a claimant's past-due benefits. ``(iv) An attorney subject to an assessment under clause (i) may not, directly or indirectly, request or otherwise obtain reimbursement for such assessment from the claimant whose claim gave rise to the assessment. ``(v) Assessments on attorneys collected under this subparagraph shall be deposited in the Treasury in a separate fund created for this purpose. ``(vi) The assessments authorized under this subparagraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended, for administrative expenses in carrying out this title and related laws.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to fees for representation of claimants which are first required to be certified or approved under section 206 or 1631(d)(2) of the Social Security Act after 180 days after the date of the enactment of this Act.

Attorney Fee Payment System Improvement Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) increase from $4,000 to $5,200 the maximum allowable attorney fee; and (2) cap the amount of attorney assessments at $100.Amends SSA title XVI (Supplemental Security Income) to prescribe a fee payment system for attorneys representing individuals filing claims for past-due benefits in the SSI program. Caps attorney fees at 25 percent of such past-due benefits. Requires the Commissioner of Social Security to assess such an attorney up to $100.

To amend the Social Security Act to provide greater equity and efficiency to the Social Security Administration's payment system for representation of claimants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Accounting Obligation in Government Act'' or the ``GAO-IG Act''. SEC. 2. REPORTS ON OUTSTANDING GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS. (a) Required Reports.--In the annual budget justification submitted to Congress, as submitted with the budget of the President under section 1105 of title 31, United States Code, the head of each agency shall include the following: (1) A report listing each public recommendation of the Government Accountability Office that is designated by the Government Accountability Office as ``open'' or ``closed, unimplemented'' as of the date on which the annual budget justification is submitted. (2) A report listing each public recommendation for corrective action from the Office of Inspector General of the agency for which no final action has been taken as of the date on which the annual budget justification is submitted. (3) A report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include the following: (A) With respect to a public recommendation that is designated by the Government Accountability Office as ``open'' or ``closed, unimplemented''-- (i) that the agency has decided not to implement, a detailed justification for the decision; or (ii) that the agency has decided to adopt, a timeline for full implementation. (B) With respect to a public recommendation for corrective action from the Office of Inspector General of the agency-- (i) for which the agency has taken action not recommended and considers closed, an explanation of the reason why the agency took different action with respect to each audit report to which the public recommendation for corrective action pertains; and (ii) for which no final action has been taken, an explanation of the reasons why no final action was taken with respect to each audit report to which the public recommendation for corrective action pertains. (C) With respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has decided to adopt, a timeline for implementation. (4) An explanation for any discrepancy between-- (A) the most recent semiannual report submitted by the Inspector General of the agency and the report submitted under paragraphs (2) and (3); and (B) any report submitted by the Government Accountability Office relating to public recommendations that are designated by the Government Accountability Office as ``open'' or ``closed, unimplemented'' and any report submitted under paragraph (1) and (2). (b) Additional Report Requirements for Certain Agencies.--The head of a covered agency shall include in the annual budget justification described in subsection (a) a written response to each recommendation designated by the Comptroller in the annual priority recommendation letter sent to such head as high priority for attention by that head. (c) Copies of Submissions.--The head of each agency or covered agency, as applicable, shall provide a copy of the information submitted under subsections (a) and (b) to the Comptroller General and the Inspector General of the agency. (d) Rule of Construction.--Nothing in this bill may be construed to affect an authority provided to an Inspector General of an agency under the Inspector General Act of 1978 (5 U.S.C. App.), including the authority of such Inspector General to identify each recommendation on which final action has not been taken. (e) Definitions.--In this section: (1) Agency.--the term ``agency'' means-- (A) a designated Federal entity, as defined in section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.); and (B) an establishment, as defined in section 12(2) of the Inspector General Act of 1978 (5 U.S.C. App.). (2) Covered agency.--The term ``covered agency'' means the following: (A) Each agency described in section 901(b) of title 31, United States Code. (B) The Internal Revenue Service. (C) The Securities and the Security and Exchange Commission. (D) Any additional agency determined by the Comptroller General. (3) Semiannual report.--The term ``semiannual report'' means the semiannual report submitted to Congress by each Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 16, 2018. Attest: KAREN L. HAAS, Clerk.

Good Accounting Obligation in Government Act or the GAO-IG Act This bill requires each federal agency, in its annual budget justification, to include a report on: (1) each public recommendation of the Government Accountability Office (GAO) that is classified as "open" or "closed, unimplemented"; (2) each public recommendation for corrective action from the agency's office of the inspector general (OIG) for which no final action has been taken; and (3) the implementation status of each such recommendation. Each agency shall also provide a copy of this information to its OIG and to the GAO.

Good Accounting Obligation in Government Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Denali Commission Reauthorization Act of 2012''. SEC. 2. ESTABLISHMENT OF COMMISSION. Section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Membership.-- ``(1) Composition.--The Commission shall be composed of 7 members with a statewide perspective and knowledge regarding rural Alaska matters (including transportation, health, education and training, energy, economic development, community and regional planning, design, construction, and maintenance of rural infrastructure, workforce development, and communication infrastructure and systems), of whom-- ``(A) 5 shall be appointed by the Secretary of Commerce (referred to in this title as the `Secretary'), of whom-- ``(i) 1 shall represent the views and perspectives of an organized labor or vocational training group within the State of Alaska; ``(ii) 1 shall represent the views and perspectives of Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); ``(iii) 1 shall have experience relating to project management and construction in rural Alaska; ``(iv) 1 shall represent the views and perspectives of rural local government interests in the State of Alaska; and ``(v) 1 shall represent the views and perspectives of rural tribal interests in the State of Alaska; ``(B) 1 shall be the Governor of the State of Alaska or an individual selected by the Secretary from nominations submitted by the Governor; and ``(C) 1 shall be the Federal Cochairperson of the Commission, to be appointed by the Secretary in accordance with paragraph (3). ``(2) Date of appointments.--The appointments of the members of the Commission under subparagraphs (A) and (B) of paragraph (1) shall be made by not later than 90 days after the date of enactment of the Denali Commission Reauthorization Act of 2012. ``(3) Federal cochairperson.-- ``(A) Recommendations.--Not later than 30 days after the date of appointment of the members of the Commission described in paragraph (2), those members shall submit to the Secretary recommendations for an individual to serve as Federal Cochairperson of the Commission under paragraph (1)(C). ``(B) Selection.-- ``(i) In general.--Not later than 60 days after the date of receipt of the recommendations under subparagraph (A), the Secretary shall appoint an individual to serve as Federal Cochairperson of the Commission. ``(ii) Consideration.--In appointing the Federal Cochairperson under clause (i), the Secretary may take into consideration, but shall not be required to select, any individual recommended under subparagraph (A). ``(C) Treatment.--The Federal Cochairperson shall be a nonvoting member of the Commission. ``(D) Vacancy.-- ``(i) In general.--Any vacancy in the position of Federal Cochairperson shall be filled in the same manner as the original appointment. ``(ii) Interim federal cochairperson.-- Before vacating the position of Federal Cochairperson, the Federal Cochairperson shall appoint to serve as Interim Federal Cochairperson, for the period beginning on the date on which the vacancy in the position of Federal Cochairperson occurs and ending on the date on which a new Federal Cochairperson is appointed under clause (i), the staff member of the Commission with the most seniority. ``(4) Status.--No member of the Commission (other than the Federal Cochairperson) shall be considered to be an employee of the Federal Government for any purpose.''; and (2) in subsection (c)-- (A) in the first sentence, by striking ``The Federal Cochairperson'' and inserting the following: ``(1) Federal cochairperson.--The Federal Cochairperson''; and (B) by striking the second and third sentences and inserting the following: ``(2) Members.-- ``(A) Terms.--A member of the Commission shall be appointed for a term of 4 years, except that, of the members first appointed-- ``(i) the members appointed under clauses (ii) and (iv) of subsection (b)(1)(A) shall be appointed for terms of 3 years; and ``(ii) the members appointed under clauses (i) and (iii) of subsection (b)(1)(A) shall be appointed for terms of 2 years. ``(B) Vacancies.-- ``(i) In general.--A vacancy on the Commission-- ``(I) shall not affect the powers of the Commission; ``(II) shall be filled in the manner in which the original appointment was made; and ``(III) shall be subject to any conditions that applied with respect to the original appointment. ``(ii) Filling unexpired term.--An individual selected to fill a vacancy shall be appointed for the unexpired term of the member replaced. ``(C) Expiration.--The term of any member shall not expire before the date on which the successor of the member takes office.''. SEC. 3. FUNDING REQUIREMENTS; DUTIES. (a) In General.--Section 304 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended to read as follows: ``SEC. 304. FUNDING REQUIREMENTS; DUTIES. ``(a) Cost Share.-- ``(1) In general.--In carrying out any construction project or activity under this title, the Commission shall require a cost share of-- ``(A) up to 50 percent of the total cost of the construction project or activity; or ``(B) for a construction project or activity carried out in a distressed community (as determined by the department of labor and workforce development of the State of Alaska or by the Commission), up to 20 percent of the total cost of the construction project or activity. ``(2) Preconstruction procedures.--The cost-share requirements under paragraph (1) shall not apply with respect to preconstruction procedures. ``(b) Public Comments.--The Commission members and the Federal Cochairperson shall seek comments from rural Alaska communities and other stakeholder groups regarding rural development needs. ``(c) Duties.--The members of the Commission shall-- ``(1) advise the Commission regarding coordinated infrastructure planning (including annual and multiyear strategies) among and for-- ``(A) rural Alaska communities; ``(B) the State of Alaska; ``(C) Federal agencies; and ``(D) other governmental and nongovernmental entities; ``(2) establish a list of priorities of the Commission for rural Alaska communities on an annual basis, including funding recommendations and the means by which the recommendations-- ``(A) address multiyear strategies; and ``(B) are coordinated with-- ``(i) rural Alaska communities; ``(ii) the State of Alaska; ``(iii) Federal agencies; and ``(iv) other government and nongovernmental entities; ``(3) review ongoing and completed Commission-funded projects and programs for compliance with stated objectives and outcomes; and ``(4) examine Commission-funded projects and programs-- ``(A) for consistency and standardization; and ``(B) to determine a means of improving the management and success of future Commission-funded projects and programs. ``(d) Operational Matters.--The Federal Cochairperson (and not the members of the Commission) shall be responsible for Commission operational matters, including budgetary matters.''. (b) Conforming Amendment.--Section 307 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (c) and inserting the following: ``(c) Demonstration Health Projects.-- ``(1) In general.--To demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health and Human Services may make interagency transfers to the Commission to plan, construct, and equip demonstration health, nutrition, and child care projects, including hospitals, health care clinics, and mental health facilities (including drug and alcohol treatment centers). ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.''. SEC. 4. POWERS OF COMMISSION. Section 305 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (d) and inserting the following: ``(d) Detail of Federal Employees; Agreements, Grants, and Payments.-- ``(1) Detail of federal employees.--Any employee of the Federal Government may be detailed to the Commission-- ``(A) without reimbursement; and ``(B) without interruption or loss of civil service status or privilege. ``(2) Agreements, grants, and payments.--The Commission, acting through the Federal Cochairperson, may enter into contracts and cooperative agreements, award grants, and make payments necessary to carry out the purposes of the Commission.''. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Section 306 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (a) and inserting the following: ``(a) Compensation of Members.-- ``(1) In general.--Subject to paragraph (2), the members of the Commission shall serve without compensation. ``(2) Federal cochairperson.--The Federal Cochairperson shall be compensated at the annual rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. (b) Travel Expenses.--Section 306(b) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) by striking ``The members'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the members''; and (2) by adding at the end the following: ``(2) Waiver.--A member of the Commission may waive all or any portion of the travel expenses provided to the member under paragraph (1).''. (c) Inspector General.-- (1) In general.--Section 306 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (h) and inserting the following: ``(h) Inspector General.--The Commission shall use the services of the Inspector General of the Department of Commerce.''. (2) Conforming amendment.--Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``the Denali Commission,''. SEC. 6. REAUTHORIZATION. The first section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (relating to authorization of appropriations) is amended by striking subsection (a) and inserting the following: ``(a) In General.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this title, in accordance with the purposes of this title, for fiscal year 2013 and each fiscal year thereafter.''. SEC. 7. REPEALS. (a) In General.-- (1) Exemption from federal advisory committee act.--Section 308 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is repealed. (2) Economic development committee.--The second section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (relating to the Economic Development Committee) is repealed. (b) Conforming Amendments.--Sections 309 and 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) are redesignated as sections 308 and 309, respectively. SEC. 8. BUDGET COMMITTEE. The Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (as amended by section 7(b)) is amended by adding at the end the following: ``SEC. 310. BUDGET COMMITTEE. ``(a) Establishment.--Not later than 180 days after the date of enactment of the Denali Commission Reauthorization Act of 2012, the Federal Cochairperson shall establish a Budget Committee to serve the Commission. ``(b) Membership.--The Budget Committee shall be composed of 3 members, of whom-- ``(1) 1 shall be the Governor of the State of Alaska or a member of the Commission selected in accordance with section 303(b)(1)(B); ``(2) 1 shall be a Federal employee or detailee with expertise in the Federal budget process, to be selected by the Federal Cochairperson; and ``(3) 1 shall be a member of the Commission, to be selected by the members of the Commission. ``(c) Duties.--The Budget Committee shall carry out the following activities for the Commission: ``(1) Review the operating budget of the Commission. ``(2) Make appropriate recommendations to the Federal Cochairperson. ``(d) Compensation of Members.-- ``(1) In general.--The members of the Budget Committee shall serve without compensation. ``(2) Travel expenses.--The members of the Budget Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Budget Committee.''.

Denali Commission Reauthorization Act of 2012 - Amends the Denali Commission Act of 1998 (the Act) to revise requirements concerning the composition of the membership of the Denali Commission. Appoints Commission members to four-year terms. Directs the Commission, in carrying out construction projects or activities under the Act, to require a cost share of: (1) up to 50% of the total cost of the project or activity; or (2) up to 20% of the total cost of a project or activity carried out in a distressed community. Exempts preconstruction procedures from such cost share requirements. Requires the Commission to seek comments from rural Alaska communities and other stakeholder groups regarding rural development needs. Rewrites the duties of the Commission. Instructs Commission members to: (1) advise the Commission regarding coordinated infrastructure planning among and for rural Alaskan communities, the state of Alaska, federal agencies, and other governmental and nongovernmental entities; (2) annually establish a list of priorities of the Commission for such communities; and (3) review ongoing and completed Commission-funded projects and programs. Makes the Cochairperson responsible for Commission operational matters, including budgetary matters. Revises requirements regarding demonstration health projects. Authorizes appropriations. Rewrites provisions concerning the powers of the Commission. Requires the Commission to use the services of the Inspector General of the Department of Commerce. Makes permanent the authorization of appropriations for the Commission to carry out the Act. Repeals provisions regarding: (1) the exemption of the Commission from the Federal Advisory Committee Act, and (2) the Economic Development Committee. Requires the federal Cochairperson to establish a Budget Committee to serve the Commission.

To amend the Denali Commission Act of 1998 to reauthorize and modify the membership of the Denali Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fab Lab Classroom Modernization Act''. SEC. 2. GRANT PROGRAM. (a) In General.--From the amounts made available pursuant to section 9 for any fiscal year, the Secretary shall award a grant to each State with an approved application under section 3. (b) Grant Frequency.--The Secretary may not award more than 1 grant under this Act to a State for a fiscal year. (c) Award Amount Limit.--No grant awarded under this Act may exceed $200,000. SEC. 3. APPLICATION. Each State desiring a grant under this Act shall submit an application to the Secretary at such time and in such manner as the Secretary may require that shall include-- (1) a description of the State's proposed or existing competitive subgrant program; (2) a description of how the State's program will comply or does comply with the requirements set forth in section 4; and (3) any other information the Secretary may require. SEC. 4. USE OF FUNDS. (a) In General.--Each State that receives a grant under this Act shall use the funds to-- (1) establish a program that complies with the requirements set forth in this section under which the State awards, on a competitive basis, subgrants to eligible entities; or (2) expand an existing competitive subgrant program that complies with such requirements. (b) Limitation; Priority.-- (1) Limitation.--A State that receives a grant under this Act may not use any of such grant to pay any administrative costs associated with carrying out subsection (a). (2) Priority.--In awarding subgrants under this section, a State shall use not less than 15 percent of the grant received under this Act to award such subgrants to eligible entities in rural areas, except that a State may apply to the Secretary for a waiver of the requirement under this paragraph. (c) Subgrant Frequency.--A State may not award more than 1 subgrant under this section to an eligible entity for a fiscal year. (d) Subgrant Amount Limits.--A subgrant may not be awarded under this section in an amount greater than-- (1) in the case of an eligible entity described in section 10(1)(A), $25,000; or (2) in the case of an eligible entity described in section 10(1)(B), $50,000. (e) Use of Subgrant.-- (1) In general.--An eligible entity that receives a subgrant under this section shall use the subgrant for the purposes of-- (A) purchasing equipment for use in a digital fabrication laboratory; or (B) providing professional development that relates to the incorporation of the digital fabrication laboratory into curriculum instruction. (2) Limitation.--An eligible entity that receives a subgrant under this section may not use any of such subgrant to pay any administrative costs associated with carrying out paragraph (1). (f) Application.--An eligible entity that desires a subgrant under this section shall, at such time and in such manner as the State that awards the subgrant may require, submit an application to such State that includes-- (1) an assurance that the eligible entity will adopt a policy that any digital fabrication laboratory equipped using subgrant funds shall be used predominantly for instructional and educational purposes by students enrolled in one of the eligible entity's elementary or secondary schools; and (2) a description of-- (A) how the eligible entity plans to use the subgrant; (B) how ready the eligible entity is to purchase equipment for a digital fabrication laboratory; (C) the eligible entity's long-term plan for the digital fabrication laboratory; (D) how the eligible entity will incorporate the digital fabrication laboratory into curriculum instruction; (E) how constructing the digital fabrication laboratory aligns with the eligible entity's academic goals; (F) the extent to which the eligible entity plans to partner with local businesses and other community participants; (G) the eligible entity's financial need; (H) how, if applicable, the eligible entity has utilized previous subgrant awards; and (I) any other information the State may require. (g) Matching Requirement.-- (1) In general.--Subject to paragraph (2), an eligible entity receiving a subgrant under this section shall provide, from non-Federal sources, an amount equal to the amount of the subgrant (which may be provided in cash or in-kind) to carry out the activities supported by the subgrant, except that an eligible may use up to 5 percent of such amount for administrative costs associated with carrying out such activities. (2) Waiver option authorized.--A State awarding a subgrant under this section may waive all or part of the matching requirement described in paragraph (1) for an eligible entity if the State determines that applying the matching requirement would-- (A) result in a serious financial hardship for the eligible entity; or (B) otherwise be inappropriate. (h) Reporting Requirement.-- (1) In general.--At the end of each subgrant period, an eligible entity receiving a subgrant under this section shall submit, to the State that awards the subgrant, a performance report that documents any information that the Secretary determines to be appropriate. (2) Performance report form.--The performance report described in paragraph (1) shall be submitted on a form created by the State that awards the subgrant and approved by the Secretary before being used. SEC. 5. MATCHING REQUIREMENT. Each State that receives a grant under this Act shall provide, from non-Federal sources, an amount equal to the amount of the grant to carry out the activities described in section 3. SEC. 6. STATE REPORTS. Each State that receives a grant under this Act shall-- (1) at the end of the 1-year period that begins on the date the State receives the grant, submit a report to the Secretary containing any information the Secretary determines to be appropriate; and (2) in the case in which the State does not receive a grant for the next fiscal year following the fiscal year for which the grant was received, submit a report to the Secretary containing any information the Secretary determines to be appropriate at the end of a 2-year period that begins on the date the State receives the grant. SEC. 7. EVALUATION. (a) In General.--The Secretary shall establish an evaluation program to determine the efficacy of the grant program established by this Act that shall commence 18 months after the first grant under this Act is awarded. SEC. 8. SUNSET. The Secretary may not award grants under this Act after the end of the 5-year period that begins on the date the Secretary awards the first grant under this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $10,000,000 for each of the fiscal years 2019 through 2023 to carry out this Act. (b) Limitation.--Of the amounts appropriated pursuant to subsection (a) for a fiscal year, the Secretary may not use more than 5 percent to pay any administrative costs associated with carrying out section 1. SEC. 10. DEFINITIONS. In this Act: (1) Digital fabrication laboratory.--The term ``digital fabrication laboratory'' means a high-technology workspace that is equipped with computer-controlled additive and subtractive manufacturing components such as 3-dimensional printers, laser engravers, computer numerical control routers, and plasma cutters. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; or (B) a consortium of two or more local educational agencies. (3) ESEA definitions.--The terms ``elementary school'', ``local educational agency'', ``professional development'', and ``secondary school'' have the meanings given the terms, respectively, in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Existing competitive subgrant program.--The term ``existing competitive subgrant program'' means a competitive subgrant program that is being carried out by a State as of the date the State applies for a grant under this Act and under which the State awards subgrants to eligible entities to purchase equipment to be used in a digital fabrication laboratory or provide professional development that relates to the incorporation of the digital fabrication laboratory into curriculum instruction. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' means each of the 50 States and the District of Columbia.

Fab Lab Classroom Modernization Act This bill authorizes the Department of Education to award grants for FY2019-FY2023 to states for local educational agencies to purchase digital-fabrication laboratory equipment or to provide professional development related to incorporating a digital-fabrication laboratory into the curriculum. A digital-fabrication laboratory is a high-technology workspace that includes equipment such as three-dimensional printers and laser engravers.

Fab Lab Classroom Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Homeowners and Foreclosure Stabilization Act of 2010''. SEC. 2. PRESERVATION OF STAY OF FORECLOSURE OF PRINCIPAL RESIDENCE. Section 362(d) of title 11, the United States Code, is amended in paragraph (1) by inserting ``(excluding a stay of the foreclosure of the principal residence of the debtor)'' after ``stay'' the first place it appears. SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (11) as paragraph (12), (B) in paragraph (10) by striking ``and'' at the end, and (C) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a loan originated before the effective date of this paragraph and secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced with respect to such loan, modify the rights of the holder of such claim (and the rights of the holder of any claim secured by a subordinate security interest in such residence)-- ``(A) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; ``(B) by modifying the terms and conditions of such loan to provide for the payment of interest accruing after the date of the order for relief under this chapter at a fixed annual rate equal to the currently applicable average prime offer rate as of the date of the order for relief under this chapter, corresponding to the repayment term determined under the preceding paragraph, as published by the Federal Financial Institutions Examination Council in its table entitled `Average Prime Offer Rates--Fixed', plus a reasonable premium for risk; and ``(C) by providing for payments of such modified loan directly to the holder of such claim; and'', and (2) by adding at the end the following: ``(g) A claim may be reduced under subsection (b)(11)(A) only on the condition that if the debtor sells the principal residence securing such claim, before receiving a discharge under this chapter and receives net proceeds from the sale of such residence, then the debtor agrees to pay to such holder if such residence is sold in the 10-year period beginning on the effective date of the plan, 30 percent of the capital gains, if any, as defined in section 1001 of the Internal Revenue Code of 1986.''. SEC. 4. EXTENDED PERIOD FOR FILING CERTAIN CHAPTER 13 PLANS. If the debtor's plan modifies the rights of a holder of a claim under section 1322(b)(11), then for purposes of rule 3015(b) of the Federal Rules of Bankruptcy Procedure a reference to ``14 days'' shall be deemed to be a reference to ``30 days''. SEC. 5. EXEMPTION FROM COUNSELING REQUIREMENT. Section 109(h) of title 11, the United States Code, is amended-- (1) in paragraph (1) by striking ``(2) and (3)'' and inserting ``(2), (3), (4), and (5)''; and (2) by adding at the end the following: ``(5) The requirements of paragraph (1) shall not apply with respect to a debtor whose principal residence is the subject of a notice of foreclosure (or similar notice under State law).''. SEC. 6. REQUIREMENT TO REQUEST MODIFICATION. Section 521(a) of title 11, the United States Code, is amended-- (1) in paragraph (6) by striking ``and'' at the end, (2) in paragraph (7) by striking the period at the end, and (3) and inserting after paragraph (7) the following: ``(8) in a voluntary case under chapter 13 in which there is a debt secured by a lien on the principal residence of the debtor, certify under penalty of perjury that before the filing of the petition debtor requested that the holder of the claim for such debt modify such debt.''. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to modify any obligation of the Federal Housing Administration, the Veterans Administration, or the Department of Agriculture under a contract that guarantees or insures the payment of any part of a loan secured by a security interest in a principal residence. SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this and the amendments made by this shall take effect on the date of the enactment of this Act. (b) Application of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act. (2) Limitation.--Paragraph (1) shall not apply with respect to cases closed under title 11 of the United States Code as of the date of the enactment of this Act that are neither pending on appeal in, nor appealable to, any court of the United States.

Protecting Homeowners and Foreclosure Stabilization Act of 2010 - Amends the bankruptcy code to make an exception to the requirement that the bankruptcy court grant relief from a stay, on the request of a party in interest, by terminating, annulling, modifying, or conditioning the stay for cause, including the lack of adequate protection of an interest in property of that party in interest. Excludes from mandatory relief from a stay on these grounds any stay of the foreclosure of the debtor's principal residence. Amends Chapter 13 (Adjustment of Debts of an Individual with Regular Income) of the bankruptcy code with respect to discretionary contents of the debtor's plan for adjustments of his or her debts. Allows the plan, subject to certain conditions, to modify the rights of the holder of a claim for a loan: (1) originated before the effective date of this Act, and (2) secured by a security interest (including a subordinate security interest) in the debtor's principal residence that is the subject of a notice that a foreclosure on the loan may be commenced. Specifies as such conditions that the plan: (1) prohibits, reduces, or delays any otherwise permissible adjustments to the interest rate applicable on and after the date of the filing of the plan; (2) modifies the terms and conditions of the loan to provide for the payment of interest accruing after the date of the order for relief at a fixed annual rate equal to a specified rate, plus a reasonable premium for risk; and (3) provides for payments of the modified loan directly to the claim holder. Allows a claim to be reduced under this Act only on the condition that, if the debtor sells the principal residence securing the claim before receiving a discharge from debt, and receives net proceeds from that sale, then the debtor agrees to pay the claim holder 30% of the capital gains if the residence is sold within 10 years after the plan's effective date. Extends from 14 to 30 days the deadline, under the Federal Rules of Bankruptcy Procedure, for the filing of a debtor's plan after the filing of a Chapter 13 petition, if the debtor's plan would modify the rights of a claim holder pursuant to this Act. Exempts from the credit counseling requirement any debtor whose principal residence is the subject of a notice of foreclosure (or similar notice under state law). Makes it one of the duties of a debtor in a voluntary case under chapter 13, in which a debt is secured by a lien on the debtor's principal residence, to certify under penalty of perjury that, before the filing of the petition, the debtor requested the holder of the claim for such debt to modify the debt.

To amend title 11 of the United States Code to modify the application of chapter 13 with respect to principal residences that are the subject of foreclosure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Toxic Metals Protection Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Antimony.--The term ``antimony'' means elemental antimony and any compounds or alloys which contain antimony. (2) Barium.--The term ``barium'' means elemental barium and any compounds or alloys which contain barium. (3) Cadmium.--The term ``cadmium'' means elemental cadmium and any compounds or alloys which contain cadmium. (4) Children's product.-- (A) In general.--The term ``children's product'' means a product designed or intended to be worn or used by children 12 years of age or younger and sold or distributed at retail. (B) Determination of intention for wear or use by children.--In determining under subparagraph (A) whether a product is designed or intended for wear or use by children 12 years of age or younger, the following factors shall be considered: (i) A statement by a manufacturer about the intended use of the product if such statement is reasonable. (ii) Any label on the product. (iii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 12 years of age or younger. (iv) Whether the product is commonly recognized by consumers as being intended for use by children 12 years of age or younger. (v) The Age Determination Guidelines: Relating Children's Ages to Toy Characteristics and Play Behavior, issued by the Commission in September 2002, and any modifications to such Guidelines. (5) Chromium.--The term ``chromium'' means elemental chromium and any compounds or alloys which contain chromium. (6) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (7) Sold or distributed at retail.--The term ``sold or distributed at retail'' means sold or distributed to a consumer. SEC. 3. BAN ON CHILDREN'S PRODUCTS CONTAINING CERTAIN LEVELS OF ANTIMONY, BARIUM, CADMIUM, OR CHROMIUM. (a) Prohibition.--No person may manufacture for sale, offer for sale, or distribute in commerce any children's product containing compounds of antimony, barium, cadmium, or chromium of which the metal content of the soluble material is in excess of the maximum soluble migrated element in parts per million as follows: (1) 60 parts per million for antimony. (2) 1,000 parts per million for barium. (3) 75 parts per million for cadmium. (4) 60 parts per million for chromium. (b) Penalties.--Any failure of a person to comply with subsection (a) shall be treated as a violation of section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) and subject to the penalties set forth in section 5 of such Act (15 U.S.C. 1264). SEC. 4. ALTERNATIVE MEASURES OF HEAVY METAL CONTENT. Not later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall establish a measurement standard for antimony, barium, cadmium, and chromium based on a units- of-mass-per-area standard that is statistically comparable to the parts-per-million measurement standard currently used. SEC. 5. REPORTS. (a) In General.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Commission shall submit to Congress a report on the actions taken by the Commission to enforce the provisions of this Act, including a summary of the criminal and civil penalties imposed under section 3(b). (b) Heavy Metals.--Not later than one year after the date of the enactment of this Act, the Commission shall submit a report to Congress regarding heavy metals that should be banned from children's products. SEC. 6. EFFECT ON FEDERAL AND STATE LAW. (a) In General.--Nothing in this Act or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preempt the authority of any State or political subdivision of a State to establish or continue in effect a provision of the law of a State or political subdivision of a State relating to regulation of products containing chromium, cadmium, barium, or antimony, except to the extent that compliance with both State and Federal law is impossible. Nothing in this section shall be construed to modify or affect any enforcement action or liability of any person under the law of any State. (b) Preservation of Certain State Law.--Nothing in this Act shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act and shall apply with respect to children's products manufactured on or after the date that is 90 days after such date of enactment.

Toxic Metals Protection Act of 2010 - Prohibits the manufacture, sale, or distribution in commerce of any children's product containing specified levels of antimony, barium, cadmium, or chromium. Defines a "children's product" as a product designed or intended to be worn or used by a child 12 years of age or younger and sold or distributed at retail. Directs the Consumer Product Safety Commission (CPSC) to establish a measurement standard for antimony, barium, cadmium, or chromium that is comparable to the measurement standard currently used. Sets forth: (1) factors to determine whether a product is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition.

To prohibit the manufacture, sale, or distribution in commerce of children's products containing excessive cadmium, chromium, barium, or antimony, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Beneficiary Assistance Improvement Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Renaming program to eliminate confusion. Sec. 3. Expanding protections by increasing SLMB eligibility income level to 135 percent of poverty. Sec. 4. Eliminating barriers to enrollment. Sec. 5. Elimination of asset test. Sec. 6. Improving assistance with out-of-pocket costs. Sec. 7. Improving program information and coordination with State, local, and other partners. Sec. 8. Notices to certain new medicare beneficiaries. SEC. 2. RENAMING PROGRAM TO ELIMINATE CONFUSION. The programs of benefits for lower income medicare beneficiaries provided under section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)) shall be known as the ``Medicare Savings Programs''. SEC. 3. EXPANDING PROTECTIONS BY INCREASING SLMB ELIGIBILITY INCOME LEVEL TO 135 PERCENT OF POVERTY. (a) In General.--Section 1902(a)(10)(E)(iii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iii)) is amended by striking ``120 percent in 1995 and years thereafter'' and inserting ``120 percent in 1995 through 2002 and 135 percent in 2003 and years thereafter''. (b) Conforming Removal of QI-1 and QI-2 Provisions.-- (1) Section 1902(a)(10)(E) of such Act (42 U.S.C. 1396a(a)(10)(E)) is further amended-- (A) by adding ``and'' at the end of clause (ii); (B) by striking ``and'' at the end of clause (iii); and (C) by striking clause (iv). (2) Section 1933 of such Act (42 U.S.C. 1396u-3) is repealed. (3) The amendments made by this subsection shall take effect as of January 1, 2003. (c) Application of CHIP Enhanced Matching Rate for SLMB Assistance.-- (1) In general.--Section 1905(b)(4) of such Act (42 U.S.C. 1396d(b)(4)) is amended by inserting ``or section 1902(a)(10)(E)(iii)'' after ``section 1902(a)(10)(A)(ii)(XVIII)''. (2) Effective date.--The amendment made by paragraph (1) shall apply to medical assistance for medicare cost-sharing for months beginning with January 2003. SEC. 4. ELIMINATING BARRIERS TO ENROLLMENT. (a) Automatic Eligibility for SSI Recipients in 209(b) States and SSI Criteria States.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)) is amended-- (1) by redesignating paragraph (6) as paragraph (11); and (2) by adding at the end the following new paragraph: ``(6) In the case of a State which has elected treatment under section 1902(f) for aged, blind, and disabled individuals, individuals with respect to whom supplemental security income payments are being paid under title XVI are deemed for purposes of this title to be qualified medicare beneficiaries.''. (b) Self-Certification of Income.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsection (a), is further amended by inserting after paragraph (6) the following new paragraph: ``(7) In determining whether an individual qualifies as a qualified medicare beneficiary or is eligible for benefits under section 1902(a)(10)(E)(iii), the State shall permit individuals to qualify on the basis of self-certifications of income without the need to provide additional documentation.''. (c) Automatic Reenrollment Without Need To Reapply.-- (1) In general.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsections (a) and (b), is further amended by inserting after paragraph (7) the following new paragraph: ``(8) In the case of an individual who has been determined to qualify as a qualified medicare beneficiary or to be eligible for benefits under section 1902(a)(10)(E)(iii), the individual shall be deemed to continue to be so qualified or eligible without the need for any annual or periodic application unless and until the individual notifies the State that the individual's eligibility conditions have changed so that the individual is no longer so qualified or eligible.''. (2) Conforming amendment.--Section 1902(e)(8) of the Social Security Act (42 U.S.C. 1396a(e)(8)) is amended by striking the second sentence. (d) Use of Simplified Application Process.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsections (a), (b), and (c), is further amended by inserting after paragraph (8) the following new paragraph: ``(9) A State shall permit individuals to apply to qualify as a qualified medicare beneficiary or for benefits under section 1902(a)(10)(E)(iii) through the use of the simplified application form developed under section 1905(p)(5)(A) and shall permit such an application to be made over the telephone or by mail, without the need for an interview in person by the applicant or a representative of the applicant.''. (e) Role of Social Security Offices.-- (1) Enrollment and provision of information at social security offices.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsections (a), (b), (c), and (d) is further amended by inserting after paragraph (9) the following new paragraph: ``(10) The Commissioner of Social Security shall provide, through local offices of the Social Security Administration-- ``(A) for the enrollment under State plans under this title for appropriate medicare cost-sharing benefits for individuals who qualify as a qualified medicare beneficiary or for benefits under section 1902(a)(10)(E)(iii); and ``(B) for providing oral and written notice of the availability of such benefits.''. (2) Clarifying amendment.--Section 1902(a)(5) of such Act (42 U.S.C. 1396a(a)(5)) is amended by inserting ``as provided in section 1905(p)(10)'' after ``except''. (f) Outstationing of State Eligibility Workers at SSA Field Offices.--Section 1902(a)(55) of such Act (42 U.S.C. 1396a(a)(55)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``subsection (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI), (a)(10)(A)(i)(VII), or (a)(10)(A)(ii)(IX)'' and inserting ``paragraph (10)(A)(i)(IV), (10)(A)(i)(VI), (10)(A)(i)(VII), (10)(A)(ii)(IX), or (10)(E)''; and (2) in subparagraph (A), by striking ``1905(1)(2)(B)'' and inserting ``1905(l)(2)(B), and in the case of applications of individuals for medical assistance under paragraph (10)(E), at locations that include field offices of the Social Security Administration''. SEC. 5. ELIMINATION OF ASSET TEST. (a) In General.--Section 1905(p)(1) of the Social Security Act (42 U.S.C. 1396d(p)(1)) is amended-- (1) by adding ``and'' at the end of subparagraph (A); (2) by striking ``, and'' at the end of subparagraph (B) and inserting a period; and (3) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to eligibility determinations for medicare cost-sharing furnished for periods beginning on or after January 1, 2003. SEC. 6. IMPROVING ASSISTANCE WITH OUT-OF-POCKET COSTS. (a) Eliminating Application of Estate Recovery Provisions.--Section 1917(b)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1396p(b)(1)(B)(ii)) is amended by inserting ``(but not including medical assistance for medicare cost-sharing or for benefits described in section 1902(a)(10)(E))'' before the period at the end. (b) Providing for 3-Months Retroactive Eligibility.-- (1) In general.--Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter before paragraph (1), by striking ``described in subsection (p)(1), if provided after the month'' and inserting ``described in subsection (p)(1), if provided in or after the third month before the month''. (2) Conforming amendments.--(A) The first sentence of section 1902(e)(8) of such Act (42 U.S.C. 1396a(e)(8)), as amended by section 4(c)(2), is amended by striking ``(8)'' and the first sentence. (B) Section 1848(g)(3) of such Act (42 U.S.C. 1395w- 4(g)(3)) is amended by adding at the end the following new subparagraph: ``(C) Treatment of retroactive eligibility.--In the case of an individual who is determined to be eligible for medical assistance described in subparagraph (A) retroactively, the Secretary shall provide a process whereby claims previously for services furnished during the period of retroactive eligibility which were not submitted in accordance with such subparagraph are resubmitted and re-processed in accordance with such subparagraph.''. SEC. 7. IMPROVING PROGRAM INFORMATION AND COORDINATION WITH STATE, LOCAL, AND OTHER PARTNERS. (a) Data Match Demonstration Project.-- (1) In general.--The Secretary of Health and Human Services (acting through the Administrator of the Centers for Medicare & Medicaid Services), the Secretary of the Treasury, and the Commissioner of Social Security shall enter into an arrangement under which a demonstration is conducted, consistent with this subsection, for the exchange between the Centers for Medicare & Medicaid Services, the Internal Revenue Service, and the Social Security Administration of information in order to identity individuals who are medicare beneficiaries and who, based on data from the Internal Revenue Service that (such as their not filing tax returns or other appropriate filters) are likely to be qualified medicare beneficiaries or individuals otherwise eligible for medical assistance under section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)). (2) Limitation on use of information.--Notwithstanding any other provision of law, specific information on income or related matters exchanged under paragraph (1) may be disclosed only as required to carry out subsection (b) and for related Federal and State outreach efforts. (3) Period.--The project under this subsection shall be for an initial period of 3 years and may be extended for additional periods (not to exceed 3 years each) after such an extension is recommended in a report under subsection (d). (b) State Demonstration Grants.-- (1) In general.--The Secretary of Health and Human Services shall enter into a demonstration project with States (as defined for purposes of title XIX of the Social Security Act (42 U.S..C 1396 et seq.) to provide funds to States to use information identified under subsection (a), and other appropriate information, in order to do ex parte determinations or other methods for identifying and enrolling individuals who are potentially eligible to be qualified medicare beneficiaries or otherwise eligible for medical assistance described in section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)). (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to the Secretary of Health and Human Services for the purpose of making grants under this subsection. (c) Additional CMS Funding for Outreach and Enrollment Projects.-- There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, to the Secretary of Health and Human Services through the Administrator of the Centers for Medicare & Medicaid Services, $100,000,000 which shall be used only for the purpose of providing grants to States to fund projects to improve outreach and increase enrollment in Medicare Savings Programs. Such projects may include cooperative grants and contracts with community groups and other groups (such as the Department of Veterans' Affairs and the Indian Health Service) to assist in the enrollment of eligible individuals. (d) Reports.--The Secretary of Health and Human Services shall submit to Congress periodic reports on the projects conducted under this section. Such reports shall include such recommendations for extension of such projects, and changes in laws based on based projects, as the Secretary deems appropriate. SEC. 8. NOTICES TO CERTAIN NEW MEDICARE BENEFICIARIES. (a) SSA Notice.--At the time that the Commissioner of Social Security sends a notice to individuals that they have been determined to be eligible for benefits under part A or B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq., 1395j et seq.), the Commissioner shall send a notice and application for benefits under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) to those individuals the Commissioner identifies as being likely to be eligible for benefits under clause (i), (ii), or (iii) of section 1902(a)(10)(E) of such Act (42 U.S.C. 1396a(a)(10)(E)). Such notice and application shall be accompanied by information on how to submit such an application and on where to obtain more information (including answers to questions) on the application process. (b) Including Information in Medicare & You Handbook.--The Secretary of Health and Human Services shall include in the annual handbook distributed under section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) information on the availability of Medicare Savings Programs and a toll-free telephone number that medicare beneficiaries may use to obtain additional information about the program.

Medicare Beneficiary Assistance Improvement Act of 2002 - Names the programs of benefits under the Medicaid program (title XIX of the Social Security Act (SSA)) that are commonly referred to as the "qualified Medicare beneficiary (QMB) program" and the "special low-income Medicare beneficiary (SLMB) program" as the Medicare Savings Programs.Amends SSA title XIX with respect to Medicare Savings Programs to: (1) increase the SLMB eligibility income level from 120 to 135 percent of the poverty line; (2) deem to be qualified Medicare beneficiaries in certain States individuals already receiving benefits under SSA title XVI (Supplemental Security Income) (SSI); (3) permit individual self-certification of income and use of a simplified QMB or SLMB application form; (4) provide for automatic reenrollment without need to reapply; (5) direct the Commissioner of Social Security to provide for QMB and SLMB outreach through local offices of the Social Security Administration; (6) eliminate the assets test; (7) prohibit estate recovery under QMB and SLMB; and (8) provide for three months retroactive eligibility with respect to Medicare cost-sharing for QMBs.Directs the Secretary of Health and Human Services (Secretary), the Secretary of the Treasury, and the Administrator of Social Security to enter into an arrangement for a demonstration project to identify Medicare beneficiaries who are likely, based on Internal Revenue Service (IRS) data, to qualify for benefits under the OMB or SLMB programs. Requires the Secretary to enter into a demonstration project to provide States with funds to use such information to do ex parte determinations or other methods for identifying and enrolling potentially eligible individuals.Requires the Commissioner of Social Security to send a notice and application for Medicaid benefits to individuals identified as likely to be eligible for QMB or SLMB benefits when notifying them that they are eligible for benefits under Medicare part A (Hospital Insurance) or B (Supplementary Medical Insurance).

A bill to amend title XIX of the Social Security Act to improve the qualified medicare beneficiary (QMB) and special low-income medicare beneficiary (SLMB) programs within the medicaid program.

SECTION 1. PAY AND ALLOWANCES OF MEMBERS SENTENCED BY A COURT-MARTIAL TO CONFINEMENT AND PUNITIVE DISCHARGE OR DIS- MISSAL. (a) Termination of Entitlement.--(1) Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end of subchapter VIII the following new section: ``Sec. 858b. Art. 58b. Sentences to confinement and punitive discharge or dismissal: termination of pay and allowances ``(a) Termination of Entitlement.--A member of the armed forces sentenced by a court-martial to confinement and to a punishment named in subsection (c) is not entitled to pay and allowances for any period after the sentence is adjudged by the court-martial. ``(b) Restoration of Entitlement.--If, in the case of a member sentenced as described in subsection (a), none of the punishments named in subsection (c) are included in the sentence as finally approved, or the sentence to such a punishment is set aside or disapproved, then, effective upon such final approval or upon the setting aside or disapproval of such punishment, as the case may be, the termination of entitlement of the member to pay and allowances under subsection (a) by reason of the sentence adjudged in such case ceases to apply to the member and the member is entitled to the pay and allowances that, under subsection (a), were not paid to the member by reason of that termination of entitlement. ``(c) Covered Punishments.--The punishments referred to in subsections (a) and (b) are as follows: ``(A) Dishonorable discharge. ``(B) Bad-conduct discharge. ``(C) Dismissal.''. (2) The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by inserting after the item relating to section 858a (article 58a) the following: ``858b. 58b. Sentences to confinement and punitive discharge or dismissal: termination of pay and allowances.''. (b) Conforming Amendments.--(1) Section 857 of title 10, United States Code (article 57 of the Uniform Code of Military Justice), is amended by striking out ``(a) No'' and inserting in lieu thereof ``(a) Except as provided in section 858b of this title (article 58b), no''. (2)(A) Section 804 of title 37, United States Code, is repealed. (B) The table of sections at the beginning of chapter 15 of such title is amended by striking out the item relating to section 804. SEC. 2. TRANSITIONAL COMPENSATION FOR SPOUSES, DEPENDENT CHILDREN, AND FORMER SPOUSES OF MEMBERS SENTENCED TO CONFINEMENT AND PUNITIVE DISCHARGE OR DISMISSAL. (a) Authority To Pay Compensation.--Chapter 53 of title 10, United States Code, is amended by inserting after section 1059 the following new section: ``Sec. 1059a. Members sentenced to confinement and punitive discharge or dismissal: transitional compensation for spouses, dependent children, and former spouses ``(a) Authority To Pay Compensation.--The Secretary of the executive department concerned may establish a program to pay transitional compensation in accordance with this section to any spouse, dependent child, or former spouse of a member of the armed forces during any period in which the member's entitlement to pay and allowances is terminated under section 858b of this title (article 58b of the Uniform Code of Military Justice). ``(b) Need Required.--(1) A person may be paid transitional compensation under this section only if the person demonstrates a need to receive such compensation, as determined under regulations prescribed pursuant to subsection (f). ``(2) Section 1059(g)(1) of this title shall apply to eligibility for transitional compensation under this section. ``(c) Amount of Compensation.--(1) The amount of the transitional compensation payable to a person under a program established pursuant to this section shall be determined under regulations prescribed pursuant to subsection (f). ``(2) The total amount of the transitional compensation paid under this section in the case of a member may not exceed the total amount of the pay and allowances which, except for section 858b of this title (article 58b of the Uniform Code of Military Justice), such member would be entitled to receive during the one-year period beginning on the date of the termination of such member's entitlement to pay and allowances under such section. ``(d) Recipients of Payments.--Transitional compensation payable to a person under this section shall be paid directly to that person or to the legal guardian of the person, if any. ``(e) Coordination of Benefits.--Transitional compensation in the case of a member of the armed forces may not be paid under this section to a person who is entitled to transitional compensation under section 1059 or 1408(h) of this title by reason of being a spouse, dependent child, or former spouse of such member. ``(f) Emergency Transitional Assistance.--Under a program established pursuant to this section, the Secretary of the executive department concerned may pay emergency transitional assistance to a person referred to in subsection (a) for not more than 45 days while the person's application for transitional assistance under the program is pending approval. Subsections (b) and (d) do not apply to payment of emergency transitional assistance. ``(g) Regulations.--The Secretary of the executive department concerned shall prescribe regulations for carrying out any program established by the Secretary under this section. ``(h) Definitions.--In this section: ``(1) The term `Secretary of the executive department concerned' means-- ``(A) the Secretary of Defense, with respect to the armed forces, other than the Coast Guard when it is not operating as a service in the Navy; and ``(B) the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy. ``(2) The term `dependent child' has the meaning given that term in section 1059(l) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1059 the following: ``1059a. Members sentenced to confinement and punitive discharge or dismissal: transitional compensation for spouses, dependent children, and former spouses.''. SEC. 3. EFFECTIVE DATE AND APPLICABILITY. (a) Prospective Applicability.--Subject to subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to pay and allowances for periods after such date. (b) Savings Provision.--(1) If it is held unconstitutional to apply section 858b of title 10, United States Code (article 58b of the Uniform Code of Military Justice), as added by section 1(a), with respect to an act punishable under the Uniform Code of Military Justice that was committed before the date of the enactment of this Act, then-- (A) with respect to acts punishable under the Uniform Code of Military Justice that were committed before that date, the amendments made by this Act shall be deemed not to have been made; and (B) the amendments made by this Act shall apply with respect to acts punishable under the Uniform Code of Military Justice that are committed on or after the date of the enactment of this Act. (2) For purposes of paragraph (1), the term ``Uniform Code of Military Justice'' means the provisions of chapter 47 of title 10, United States Code.

Amends the Uniform Code of Military Justice to deny a member of the armed forces sentenced by a court-martial to confinement and a dishonorable or bad conduct discharge or dismissal entitlement to military pay and allowances for any period after such sentence. Restores such entitlement if the sentence is disapproved or set aside. Authorizes the Secretary of the executive department concerned to pay transitional compensation to any spouse, dependent child, or former spouse of a member during any period in which the member's entitlement to pay and allowances is terminated under this Act. Allows such Secretary to pay emergency transitional assistance to a person for up to 45 days while the person's application for transitional compensation is pending approval.

A bill to amend title 10, United States Code, to terminate entitlement of pay and allowances for members of the Armed Forces who are sentenced to confinement and a punitive discharge or dismissal, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunger Has a Cure Act of 1997''. SEC. 2. STANDARD DEDUCTION. Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1)) is amended by adding at the end the following: ``Such standard deductions shall be adjusted on October 1, 2001, and each October 1 thereafter to the nearest lower dollar increment to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for items other than food for the 12-month period ending on June 30 preceding the date of the adjustment.''. SEC. 3. EXCESS SHELTER DEDUCTION. Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(7)) is amended-- (1) in clause (ii) by striking ``1998'' and inserting ``1997'', (2) in clause (iii) by striking ``1999 and 2000'' and inserting ``1998 and 1999'', and (3) in clause (iv) by striking ``year 2001 and each subsequent fiscal year'' and inserting ``years 2000 and 2001''. SEC. 4. VEHICLE ALLOWANCE. Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended-- (1) by moving the left margin of paragraph (2), and of each designated subdivision of such paragraph, 2 ems to the left; and (2) in paragraph (2)(B)(iv)-- (A) by striking ``and'' the first place it appears; and (B) by inserting before the semicolon the following: ``, and $5,000 beginning on October 1, 1997, and as adjusted on each October 1 thereafter, to reflect changes in the new car component of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for the 12-month period ending on June 30 preceding the date of the adjustment, and rounded to the nearest $50''. SEC. 5. WORK REQUIREMENTS. (a) In General.--Section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (1)(C) by striking ``, other than a job search program or job search training program'', and (2) in paragraph (2)-- (A) by striking ``preceding 36-month period'' and all that follows through ``3 months'', and inserting ``preceding 12-month period, the individual received food stamp benefits for not less than 6 months'', and (B) in subparagraph (D) by inserting before the period at the end the following: ``or is not offered an opportunity to participate in a program that allows an individual to satisfy the requirements of subparagraph (B) or (C)''. (b) Enhanced Employment and Training Program.--Section 16(h)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) is amended-- (1) in subparagraph (D) by striking ``through (C)'' and inserting ``through (D)'', (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively, (3) by inserting after subparagraph (A) the following: ``(B) To carry out employment and training programs, and in addition to amounts reserved under subparagraph (A), the Secretary shall reserve $100,000,000 for each of the fiscal years 1998 through 2002 for allocation to State agencies from funds made available under section 18(a)(1) for such fiscal years.'', and (4) in subparagraph (C), as so redesignated-- (i) by inserting ``(i)'' after ``Alloca-tion--''; (ii) by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (B)'', and (iii) by inserting before the period at the end the following: ``who are ineligible under section 6(o)(2) to receive food stamp benefits. ``(ii) To be eligible to receive funds allocated under subparagraph (B) for a fiscal year, the State agency shall agree to expend for such fiscal year, to provide to individuals who compose such population opportunities to participate in programs that allow such individuals to satisfy the requirements of subparagraph (B) or (C) of section 6(o)(2)-- ``(I) the funds the State agency receives from funds allocated under subparagraph (B); and ``(II) of the funds the State agency receives from funds allocated under subparagraph (A) for such fiscal year, an amount that is not less than the amount the State agency received under subparagraph (A)(i) and expended for the benefit of similar individuals, as determined by the Secretary.''. SEC. 6. LEGAL IMMIGRANTS. (a) Protecting Elderly and Child Legal Immigrants Who Have Been in the United States for at Least 5 Years, and Legal Immigrants Who Become Disabled After Entry.-- (1) Eligibility for food stamp benefits.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following: ``(E) Legal immigrants becoming disabled after entering the united states.--In the case of the program specified in paragraph (3)(B), paragraph (1) shall not apply to a qualified alien who becomes disabled after the date of entry of such immigrant into the United States. ``(F) Legal immigrant children and elderly individuals.--In the case of the program specified in paragraph (3)(B), paragraph (1) shall not apply to a qualified alien who is under 18 years of age or over 75 years of age and who has been a legal permanent resident of the United States for not less than 5 years.''. (2) Eligibility limitation.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following: ``(3) Legal immigrants who become disabled after entering the united states and seek food assistance.--In the case of the program specified in section 402(a)(3)(B), a qualified alien who becomes disabled after the date of entry of such alien into the United States.''. (b) Protecting Refugees and Asylees During Their First 7 Years in the United States.--Section 402(a)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is amended by inserting ``(or 7 years in the case of the program specified in paragraph (3)(B))'' after ``5 years''. (c) Repealing Deeming Requirements and Protecting Legal Immigrants Who Become Disabled After Entry.-- (1) Generic rules.--Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(a)) is amended by inserting ``(except in the case of the program specified in section 402(a)(3)(B))'' after ``of law''. (2) Food stamp act of 1977.-- (A) Section 5(i) of the Food Stamp Act of 1977 (7 U.S.C. 2014(i)) is repealed. (B) The amendment made by subparagraph (A) shall not apply with respect to any alien who entered the United States before August 22, 1996. SEC. 7. SENSE OF THE CONGRESS. It is the sense of the Congress that $45,000,000 should be appropriated for fiscal year 1998 under section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1) to assist in the provision of short-term emergency food assistance to low-income individuals in need and to continue the efficient distribution of commodities under such Act. SEC. 8. SENSE OF THE CONGRESS REGARDING FULL FUNDING FOR SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN. It is the sense of the Congress that-- (1) the Congress should include in any supplemental appropriations bill for fiscal year 1997 a provision appropriating not less than $76,000,000 for the special supplemental nutrition program for women, infants, and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) in order to meet the expected year-end caseload of approximately 7,400,000 participants; and (2) the Congress should appropriate not less $4,008,000,000 for fiscal year 1998 for the special supplemental nutrition program for women, infants, and children (WIC) under section 17 of such Act in order to allow the expected year-end caseload in such program to increase to 7,500,000 participants. SEC. 9. ADEQUATE FUNDING FOR SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (a) In General.--Section 13(b)(1)(B)(i) of the National School Lunch Act (42 U.S.C. 1761(b)(1)(B)(i)) is amended by striking ``$1.97'' and inserting ``$2.23''. SEC. 10. OUTREACH AND START-UP FUNDING FOR SCHOOL BREAKFAST AND SUMMER FEEDING PROGRAMS. Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following: ``(f) Expansion of Program.--(1)(A) As a national nutrition and health policy, it is the purpose and intent of the Congress that the school breakfast program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. The Secretary is hereby directed, in cooperation with State educational agencies, to carry out a program of information in furtherance of this policy. ``(B) In cooperation with State educational agencies, the Secretary shall promote the school breakfast program by-- ``(i) marketing the program in a manner that expands participation in the program by schools and students; and ``(ii) improving public education and outreach efforts in language appropriate materials that enhance the public image of the program. ``(C) As used in this paragraph, the term `language appropriate materials' means materials using a language other than the English language in a case in which the language is dominant for a large percentage of individuals participating in the program. ``(2)(A) Each State educational agency-- ``(i) shall provide information to school boards and public officials concerning the benefits and availability of the school breakfast program; and ``(ii) shall select each year, for additional informational efforts concerning the program, schools in the State-- ``(I) in which a substantial portion of school enrollment consists of children from low-income families; and ``(II) that do not participate in the school breakfast program. ``(B) Not later than October 1, 2000, the Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the efforts of the Secretary and the States to increase the participation of schools in the program. ``(g) Startup and Expansion Costs.--(1) Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $5,000,000 for fiscal year 1999 and each subsequent fiscal year to make payments under this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds. The Secretary shall use the funds to make payments on a competitive basis and in the following order of priority (subject to other provisions of this subsection), to-- ``(A) State educational agencies in a substantial number of States for distribution to eligible schools to assist the schools with nonrecurring expenses incurred in-- ``(i) initiating a school breakfast program under this section; or ``(ii) expanding a school breakfast program; and ``(B) a substantial number of States for distribution to service institutions to assist the institutions with nonrecurring expenses incurred in-- ``(i) initiating a summer food service program for children; or ``(ii) expanding a summer food service program for children. ``(2) Payments received under this subsection shall be in addition in payments to which State agencies are entitled under subsection (b) of this section and section 13 of the National School Lunch Act (42 U.S.C. 1761). ``(3) To be eligible to receive a payment under this subsection, a State educational agency shall submit to the Secretary a plan to initiate or expand school breakfast programs conducted in the State, including a description of the manner in which the agency will provide technical assistance and funding to schools in the State to initiate or expand the programs. ``(4) In making payments under this subsection for any fiscal year to initiate or expand school breakfast programs, the Secretary shall provide a preference to State educational agencies that-- ``(A) have in effect a State law that requires the expansion of the programs during the year; ``(B) have significant public or private resources that have been assembled to carry out the expansion of the programs during the year; ``(C) do not have a school breakfast program available to a large number of low-income children in the State; or ``(D) serve an unmet need among low-income children, as determined by the Secretary. ``(5) In making payments under this subsection for any fiscal year to initiate or expand summer food service programs for children, the Secretary shall provide a preference to States-- ``(A)(i) in which the numbers of children participating in the summer food service program for children represent the lowest percentages of the number of children receiving free or reduced price meals under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); or ``(ii) that do not have a summer food service program for children available to a large number of low-income children in the State; and ``(B) that submit to the Secretary a plan to expand the summer food service programs for children conducted in the State, including a description of-- ``(i) the manner in which the State will provide technical assistance and funding to service institutions in the State to expand the programs; and ``(ii) significant public or private resources that have been assembled to carry out the expansion of the programs during the year. ``(6) The Secretary shall act in a timely manner to recover and reallocate to other States any amounts provided to a State educational agency or State under this subsection that are not used by the agency or State within a reasonable period (as determined by the Secretary). ``(7) The Secretary shall allow States to apply on an annual basis for assistance under this subsection. ``(8) Each State agency and State, in allocating funds within the State, shall give preference for assistance under this subsection to eligible schools and service institutions that demonstrate the greatest need for a school breakfast program or a summer food service program for children, respectively. ``(9) Expenditures for funds from State and local sources for the maintenance of the school breakfast program and the summer food service program for children shall not be diminished as a result of payments received under this subsection. ``(10) As used in this section: ``(A) The term `eligible school' means a school-- ``(i) attended by children a significant percentage of whom are members of low-income families; ``(ii)(I) as used with respect to a school breakfast program, that agrees to operate the school breakfast program established or expanded with the assistance provided under this subsection for a period of not less than 3 years; and ``(II) as used with respect to a summer food service program for children, that agrees to operate the summer food service program for children established or expanded with the assistance provided under this subsection for a period of not less than 3 years. ``(B) The term `service institution' means an institution or organization described in paragraph (1)(B) or (7) of section 13(a) of the National School Lunch Act (42 U.S.C. 1761(a)(1)(B) or (7)). ``(C) The term `summer food service program for children' means a program authorized by section 13 of such Act (42 U.S.C. 1761).''. SEC. 11. RESTORATION OF ``FOURTH MEAL'' UNDER CHILD AND ADULT CARE FOOD PROGRAM. Section 17(f)(2)(B) of the National School Lunch Act (42 U.S.C. 1766(f)(2)(B)) is amended by striking ``two meals and one supplement'' and inserting ``two meals and two supplements or three meals and one supplement''.

Hunger Has a Cure Act of 1997 - Amends the Food Stamp Act of 1977 to provide for an annual price-indexed standard deduction adjustment (as of FY 2001). (Sec. 3) Revises maximum excess shelter deduction amounts and authorizes such amounts through FY 2001 (currently permanent). (Sec. 4) Provides for an annual price-indexed vehicle allowance adjustment. (Sec. 5) Revises work requirement provisions. Directs the Secretary of Agriculture to reserve specified amounts for FY 1998 through 2002 employment and training programs. (Sec. 6) Amends the Personal Responsibility and Work Opportunity Act of 1996 to make legal immigrants who became disabled after U.S. entry and certain elderly and under-18 years of age legal immigrants eligible for the food stamp program (program). Extends program eligibility for refugees and asylees from five years to seven years. Repeals specified program attribution of (alien) sponsor income provisions. (Sec. 7) Expresses the sense of the Congress that: (1) specified funds under the Emergency Food Assistance Act of 1983 should be appropriated to provide FY 1998 short-term emergency food assistance; and (2) FY 1997 and 1998 appropriations for the special supplemental nutrition program for women, infants, and children (WIC) should meet case load demands. (Sec. 9) Amends the National School Lunch Act to: (1) increase lunch and supper reimbursement rates for the summer food service program for children; and (2) increase the number of meals and-or supplements available under the child and adult food care program. (Sec. 10) Amends the Child Nutrition Act of 1966 to direct the Secretary to carry out school breakfast and summer feeding program outreach activities. Obligates specified Treasury funds for State start-up and expansion costs.

Hunger Has a Cure Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get Tough on Trade Act''. SEC. 2. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. Section 310 of the Trade Act of 1974 is amended to read as follows: ``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. ``(a) Identification.-- ``(1) Identification and report.--Within 30 days after the submission in each of calendar year 2005 through 2009 of the report required by section 181(b), the Trade Representative shall-- ``(A) review United States trade expansion priorities; ``(B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent; and ``(C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices identified. ``(2) Factors.--In identifying priority foreign country practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b); ``(B) the trade agreements to which a foreign country is a party and its compliance with those agreements; ``(C) the medium- and long-term implications of foreign government procurement plans; and ``(D) the international competitive position and export potential of United States products and services. ``(3) Contents of report.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and ``(B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries and progress is being made toward the elimination of such practices. ``(b) Initiation of Consultations.--By no later than the date that is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall seek consultations with each foreign country identified in the report as engaging in priority foreign country practices for the purpose of reaching a satisfactory resolution of such priority practices. ``(c) Initiation of Investigation.--If a satisfactory resolution of priority foreign country practices has not been reached under subsection (b) within 90 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall initiate under section 302(b)(1) an investigation under this chapter with respect to such priority foreign country practices. ``(d) Agreements for the Elimination of Barriers.--In the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (c), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits. ``(e) Reports.--The Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (c) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for the Office of the General Counsel and the Office of Monitoring and Enforcement.--There are authorized to be appropriated to the Office of the United States Trade Representative for the appointment of additional staff in the Office of the General Counsel and the Office of Monitoring and Enforcement-- (1) $2,000,000 for fiscal year 2005; and (2) $2,000,000 for fiscal year 2006. (b) Responsibilities of Additional Staff.--The responsibilities of the additional staff appointed under subsection (a) shall include-- (1) investigating, prosecuting, and defending cases before the World Trade Organization and under trade agreements to which the United States is a party; (2) administering United States trade laws, including title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) and other trade laws relating to foreign government barriers to United States goods and services, including barriers involving intellectual property rights, government procurement, and telecommunications; and (3) monitoring compliance with the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)) and other trade agreements, particularly by the People's Republic of China. SEC. 4. CHIEF ENFORCEMENT NEGOTIATOR. Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is amended-- (1) by amending subsection (b)(2) to read as follows: ``(2) There shall be in the Office 3 Deputy United States Trade Representatives, 1 Chief Agricultural Negotiator, and 1 Chief Enforcement Negotiator. The 3 Deputy United States Trade Representatives and the 2 Chief Negotiators shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Enforcement Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Enforcement Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(6) The principal function of the Chief Enforcement Negotiator shall be to conduct negotiations to ensure compliance with trade agreements relating to United States manufactured goods and services. The Chief Enforcement Negotiator shall recommend investigating and prosecuting cases before the World Trade Organization and under trade agreements to which the United States is a party. The Chief Enforcement Negotiator shall recommend administering United States trade laws relating to foreign government barriers to United States goods and services. The Chief Enforcement Negotiator shall perform such other functions as the United States Trade Representative may direct.''.

Get Tough on Trade Act - Amends the Trade Act of 1974 to extend from FY 2005 through 2009 (currently, 1995 only) the U.S. Trade Representative's mandate to identify and report on trade expansion priorities. Requires the Trade Representative, before initiating an investigation (as under current law), to seek consultations with each foreign country identified in the report as engaging in priority foreign country practices, for the purpose of reaching a satisfactory resolution of such priority practices. Requires initiation of an investigation only if a satisfactory resolution of such practices has not been reached. Modifies the composition of the Office of the U.S. Trade Representative to include a Chief Enforcement Negotiator to recommend investigating and prosecuting cases before the World Trade Organization and under trade agreements to which the United States is a party.

A bill to strengthen United States trade enforcement laws.