FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mathematics, Science, and Special Education Teacher Recruitment Act of 2002''. SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K the following: ``SEC. 428L. EXPANDED LOAN FORGIVENESS FOR HIGHLY QUALIFIED TEACHERS OF MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION. ``(a) Purpose.--It is the purpose of this section to-- ``(1) expand, subject to the availability of appropriations, the eligibility of certain highly qualified teachers to qualify for loan forgiveness beyond that available under section 428J; and ``(2) provide additional incentives for highly qualified teachers of mathematics, science, and special education in high-need schools to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--The Secretary is authorized to carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who-- ``(A) is a highly qualified, full-time teacher of mathematics, science, or special education at a high- need school, and has been so employed for not less than 5 consecutive complete school years; ``(B) had mathematics, life or physical sciences, technology, engineering, or special education as an undergraduate academic major or minor, or has a graduate degree in any such field, as certified by the chief administrative officer of the public or nonprofit private school in which the borrower is employed; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall promulgate regulations to ensure fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount appropriated to carry out this section. ``(c) Qualified Loan Amounts.-- ``(1) In general.--The Secretary is authorized to repay not more than $17,500 in the aggregate of the loan obligation on 1 or more loans made under section 428 or 428H that are outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1)(A). ``(2) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--A highly qualified teacher shall be eligible for loan forgiveness pursuant to subsection (b), if the teacher performs service in a school that-- ``(A) meets the definition of a high-need school under subsection (g) in any year during such service; and ``(B) in a subsequent year, fails to meet the definition of a high-need school under subsection (g). ``(2) Prevention of double benefits.-- ``(A) National service positions.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(B) Loan forgiveness and cancellation provisions for teachers.-- ``(i) Forgiveness.--No borrower may receive a reduction of loan obligations under both this section and section 428J. ``(ii) Cancellation.--No borrower may receive loan forgiveness under this section and loan cancellation under section 460 or section 460A that exceeds, in the aggregate, $17,500. ``(g) Definitions.--In this section: ``(1) Highly qualified.--The term `highly qualified' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (Public Law 107-110). ``(2) High-need school.--The term `high-need school' has the meaning given the term in section 2304(d) of the Elementary and Secondary Education Act of 1965 (Public Law 107-110). ``(3) Year.--The term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2003 through 2008.''. (b) Direct Student Loans.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a) is amended by inserting after section 460 the following: ``SEC. 460A. EXPANDED LOAN CANCELLATION FOR HIGHLY QUALIFIED TEACHERS OF MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION. ``(a) Purpose.--It is the purpose of this section to-- ``(1) expand, subject to the availability of appropriations, the eligibility of certain highly qualified teachers to qualify for loan cancellation beyond that available under section 460; and ``(2) provide additional incentives for highly qualified teachers of mathematics, science, and special education in high-need schools to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--The Secretary is authorized to cancel the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(A) is a highly qualified, full-time teacher of mathematics, science, or special education at a high- need school, and has been so employed for not less than 5 consecutive complete school years; ``(B) had mathematics, life or physical sciences, technology, engineering, or special education as an undergraduate academic major or minor, or has a graduate degree in any such field, as certified by the chief administrative officer of the public or nonprofit private school in which the borrower is employed; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall promulgate regulations to ensure fairness and equality for applicants in the selection of borrowers for loan cancellation under this section, based on the amount appropriated to carry out this section. ``(c) Qualified Loan Amounts.-- ``(1) In general.--The Secretary is authorized to cancel not more than $17,500 in the aggregate of the loan obligation on 1 or more Federal Direct Stafford Loans or 1 or more Federal Direct Unsubsidized Stafford Loans that are outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1)(A). ``(2) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any canceled loan. ``(f) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--A highly qualified teacher shall be eligible for loan forgiveness pursuant to subsection (b), if the teacher performs service in a school that-- ``(A) meets the definition of a high-need school under subsection (g) in any year during such service; and ``(B) in a subsequent year, fails to meet the definition of a high-need school under subsection (g). ``(2) Prevention of double benefits.-- ``(A) National service positions.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(B) Loan forgiveness and cancellation provisions for teachers.-- ``(i) Cancellation.--No borrower may receive a reduction of loan obligations under both this section and section 460. ``(ii) Forgiveness.--No borrower may receive loan cancellation under this section and loan forgiveness under section 428J or section 428L that exceeds, in the aggregate, $17,500. ``(g) Definitions.--In this section: ``(1) Highly qualified.--The term `highly qualified' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (Public Law 107-110). ``(2) High-need school.--The term `high-need school' has the meaning given the term in section 2304(d) of the Elementary and Secondary Education Act of 1965 (Public Law 107-110). ``(3) Year.--The term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2003 through 2008.''.

Mathematics, Science, and Special Education Teacher Recruitment Act of 2002 - Amends the Higher Education Act of 1965 to establish new programs of student guaranteed and direct loan forgiveness for highly qualified mathematics, science, and special education teachers in high-need schools.Requires for eligibility: (1) at least five consecutive complete school years of such teaching; and (2) an undergraduate or graduate degree in mathematics, life or physical sciences, technology, engineering, or special education, as certified by the chief administrative officer of the public or nonprofit private school where the borrower is employed. Requires that the teaching service be at a high-need school, defined under the Elementary and Secondary Education Act of 1965 as a public elementary, secondary, or charter school where: (1) at least half of the students are from low-income families; or (2) a large percentage of students qualify for assistance under the Individuals with Disabilities Education Act.

A bill to expand the teacher loan forgiveness programs under the guaranteed and direct student loan programs for highly qualified teachers of mathematics, science, and special education, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Development Financial Institutions Fund Amendments Act of 1999''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Change of status of the Fund; miscellaneous technical corrections. Sec. 3. Amendments to programs administered by the Fund and the Bank Enterprise Act of 1991. Sec. 4. Extension of authorization. Sec. 5. Amendments to Small Business Capital Enhancement Program. Sec. 6. Additional safeguards. SEC. 2. CHANGE OF STATUS OF THE FUND; MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Purpose.--Section 102(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701(b)) is amended to read as follows: ``(b) Purpose.--The purpose of this subtitle is to create a Community Development Financial Institutions Fund to promote economic revitalization and community development through investment in and assistance to community development financial institutions, including enhancing the liquidity of community development financial institutions, and through incentives to insured depository institutions that increase lending and other assistance and investment in both economically distressed communities and community development financial institutions.''. (b) Definitions.-- (1) Section 103 of the Community Development Banking and Financial Institutions Act of 1994 is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (17) as paragraphs (1) through (16), respectively; and (C) by inserting after paragraph (16), as so redesignated, the following new paragraph: ``(17) Secretary.--Except in the case of section 104(d)(2), the term `Secretary' means the Secretary of the Treasury.''. (2) The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended (other than in section 118) by striking ``Administrator'' each place such term appears and inserting ``Secretary''. (c) Establishment of Fund Within the Department of the Treasury.-- (1) In general.--Section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(a)) is amended to read as follows: ``(a) Establishment.-- ``(1) In general.--There is established in the Department of the Treasury a Community Development Financial Institutions Fund that shall have the functions specified by this subtitle and subtitle B of Title II. The offices of the Fund shall be in Washington, D.C. The Fund shall not be affiliated with any other agency or department of the Federal Government. ``(2) Wholly owned government corporation.--The Fund shall be a wholly owned government corporation within the Department of the Treasury and shall be treated in all respects as an agency of the United States, except as otherwise provided in this subtitle.''. (2) Authority of the secretary of the treasury.--Section 104(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)) is amended to read as follows: ``(b) Management of Fund.-- ``(1) Authority of secretary of the treasury.--All functions of the Fund shall be performed by or under the supervision of the Secretary. ``(2) Appointment of officers and employees.--The Secretary may appoint such officers and employees of the Fund, including a Director, as the Secretary deems necessary or appropriate.''. (3) Inspector general.-- (A) In general.--Section 118 of the Community Development Banking and Financial Institutions Act of 1994 is amended to read as follows: ``SEC. 118. INSPECTOR GENERAL. ``The Inspector General of the Department of the Treasury shall be the Inspector General of the Fund.''. (B) Technical and conforming amendment.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App. 3) is amended-- (i) in paragraph (1), by striking ``; the Administrator of the Community Development Financial Institutions Fund;''; and (ii) in paragraph (2), by striking ``the Community Development Financial Institutions Fund,''. (4) Technical correction to rulemaking authority.--Section 119(a)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4717(a)(1)) is amended to read as follows: ``(1) In general.--The Secretary may prescribe such regulations and procedures as may be necessary to carry out this subtitle.''. SEC. 3. AMENDMENTS TO PROGRAMS ADMINISTERED BY THE FUND AND THE BANK ENTERPRISE ACT OF 1991. (a) Amendments to Community Development Financial Institutions Program.-- (1) Form of assistance provided.--Section 108(a)(1)(B)(iii) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4707(a)(1)(B)(iii)) is amended by inserting ``through cooperative agreements or'' before ``by contracting''. (2) Training programs.--Section 109(d) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4708(d)) is amended to read as follows: ``(d) Form of Training.--The Fund may offer the training program described in this section-- ``(1) directly; or ``(2) through grants, contracts, or cooperative agreements with other organizations that possess special expertise in community development, without regard to whether the organizations receive or are eligible to receive assistance under this subtitle.''. (b) Amendments to the Bank Enterprise Act Awards Program.-- (1) Awards for assistance to community development financial institutions.--Paragraph (2) of section 233(a) of the Bank Enterprise Act (12 U.S.C. 1834a(a)) is amended-- (A) in that portion of such paragraph which precedes subparagraph (A), by striking ``for for'' and inserting ``for''; (B) in subparagraph (A), by striking ``for low- and moderate-income persons'' and inserting ``to community development financial institutions, low- and moderate- income persons''; and (C) in subparagraph (B)-- (i) by inserting ``of the increase'' after ``the amount''; and (ii) by striking ``financial'' each place such term appears. (2) Increase in award amounts for certain activities.-- Section 114(b)(2) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713(b)(2)) is amended by amending the substitute text used to apply section 233(a)(3) of the Bank Enterprise Act of 1991-- (A) in subparagraph (A), by inserting ``or (2)(B)'' after ``paragraph (2)(A)''; (B) in subparagraph (A)(i), by inserting ``each'' before ``such subparagraph''; and (C) in subparagraph (A)(ii), by inserting ``each'' before ``such subparagraph''. (3) Awarding credit for additional qualified activities.-- Paragraph (4) of section 233(a) of the Bank Enterprise Act (12 U.S.C. 1834a(a)(4)) is amended-- (A) in the portion of such paragraph which precedes subparagraph (A), by inserting ``and (2)(B)'' after ``paragraph (2)(A)''; and (B) by adding at the end the following new subparagraph: ``(P) Other forms of assistance that the Board determines to be appropriate. (4) Evaluation of technical assistance provided.--Section 233(a)(7) of the Bank Enterprise Act (12 U.S.C. 1834a(a)(7)) is amended-- (A) by inserting ``and other'' after ``technical''; and (B) by striking ``and (O)'' and inserting instead ``(O), and (P)''. (5) Establishing alternative criteria in defining certain distressed communities.--Section 233(b)(4)(C) of the Bank Enterprise Act (12 U.S.C. 1834a(b)(4)(C)) is amended by inserting ``or alternative'' before ``eligibility requirements''. SEC. 4. EXTENSION OF AUTHORIZATION. Paragraph (1) of section 121(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4718(a)) is amended to read as follows: ``(1) In general.--To carry out this subtitle and subtitle B of title II, there are authorized to be appropriated to the Fund, to remain available until expended-- ``(A) $95,000,000 for fiscal year 2000; ``(B) $100,000,000 for fiscal year 2001; ``(C) $105,000,000 for fiscal year 2002; and ``(D) $110,000,000 for fiscal year 2003.''. SEC. 5. AMENDMENTS TO SMALL BUSINESS CAPITAL ENHANCEMENT PROGRAM. (a) Definition of Financial Institution.--Section 252(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4742(5)) is amended by inserting ``any community development financial institution (as defined in section 103(5) of this Act) and,'' before ``any federally chartered''. (b) Elimination of Threshold Appropriation.--Section 253 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4743) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). (c) Conforming Amendment.--Section 254(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4744(a)) is amended by inserting ``(if any)'' after ``appropriate Federal banking agency''. (d) Amendments to Reimbursement Authority.--Section 257(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4747(a)) is amended to read as follows-- ``(a) Reimbursements.-- ``(1) In general.--The Fund shall reimburse participating States according to criteria established by the Fund. ``(2) Examples of criteria.--Criteria established under paragraph (1) may include whether a participating State is creating a new program, is expanding in scope or scale an existing State program, the need for Fund reimbursement, the availability of Fund resources, and other criteria established by the Fund. ``(3) Timing and amount of reimbursement.--Not later than 30 calendar days after receiving a report filed in compliance with section 256, the Fund shall reimburse a participating State meeting such criteria in an amount equal to up to 50 percent of the amount of contributions by the participating State to the reserve funds that are subject to reimbursement by the Fund pursuant to section 256 and this section, until such sums made available by the Fund for this purpose are expended.''. (e) Conforming Amendment.--Section 260 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4750) is hereby repealed. SEC. 6. ADDITIONAL SAFEGUARDS. (a) Neutral Review Requirements.--Section 107 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4706) is amended by adding at the end the following new subsections: ``(c) Objective Scoring System.-- ``(1) In general.--For purposes of making any evaluation under subsection (a) of any application, the Fund shall develop a scoring system which assigns a relative point value to each factor required to be considered under paragraphs (1) through (14) of subsection (a) in connection with the selection of applicants. ``(2) Notice of scoring system.--A description of the scoring system shall be included in any notice of funding availability issued by the Fund. ``(d) Neutral Multiperson Review Panel.-- ``(1) In general.--The Fund shall convene multiperson review panels to-- ``(A) review all applications for selection, under subsection (a), on the basis of the factors required to be considered under paragraphs (1) through (14) of subsection (a) using the objective scoring system developed pursuant to subsection (c) before any selection is made by the Fund under subsection (a) with respect to such applications; and ``(B) make recommendations with regard to such selections to the Fund on the basis of such review. ``(2) Composition.--The multiperson review panels shall each consist of such number of members as the Fund determines to be appropriate, but not less than 3, who shall be appointed from among individuals who, by virtue of their education, training, or experience, are specially qualified to carry out the responsibilities of the panel and at least 1/3 of the members of each panel shall be appointed from among individuals with diverse experiences who are not officers or employees of any government.''. (b) Additional Information To Be Included in Annual Reports.-- Section 117 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4716) is amended by adding at the end the following new subsections: ``(g) Contract and Compliance Information.--The annual report submitted to the Congress by the Fund pursuant to subsection (a) shall contain the following information: ``(1) Services of contractors.--Information on the use of contractors to carry out any function of the Fund under this subtitle, including-- ``(A) a description of the services provided by contractors under this subtitle during the period covered by the report; ``(B) a description of the procurement process utilized to obtain such services; ``(C) the basis of the authority of the Fund to contract for the services so obtained; and ``(D) the total amount obligated by the Fund for such contracts. ``(2) Compliance with other requirements.--An evaluation of the extent to which the Fund is maintaining compliance, in connection with the activities of the Fund under this subtitle and subtitle B of title II, with the requirements of, and regulations prescribed pursuant to subsections (b) and (d) of section 3512 of title 31, United States Code. ``(3) Plan for addressing weaknesses of internal controls.--A plan for addressing any material weakness in internal controls identified in the most recent external audit pursuant to subsection (f).''. (c) Report on Implementation of Scoring System.--The 1st annual report submitted by the Fund to the Congress under section 117(a) of the Community Development Banking and Financial Institutions Act of 1994 after the effective date of this Act shall include a complete description of the implementation of the scoring system required under subsection (c) of the amendment made by subsection (a) of this section, including a description of the methodology of the system. (d) GAO Report.--Before the end of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress evaluating the structure, governance, and performance of the Community Development Financial Institutions Fund. (e) Prior Notice of Contracts.--For the purpose of ensuring that the requirements of section 8(a) of the Small Business Act are being met, and preventing evasions of such requirements, with regard to contracts involving the Fund and contractors under such section, the Fund shall submit a notice of any such contract to the Congress at least 15 days before any performance is due under such contract. (f) Technical and Conforming Amendment.--That portion of section 107(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4706(a)) which appears before paragraph (1) of such section is amended to read as follows: ``(a) Selection Criteria.--Except as provided in section 113, the Fund shall, after considering the results of the scoring system developed under subsection (c) and the recommendations of the multiperson review panels under subsection (d), select community development financial institution applicants meeting the requirements of section 105 for assistance based on--''.

Community Development Financial Institutions Fund Amendments Act of 1999 - Modifies the Community Development Banking and Financial Institutions Act of 1994 (the Act) to expand its purposes to include promotion of economic revitalization and community development through incentives to insured depository institutions that increase lending and other assistance and investment in both economically distressed communities and community development financial institutions. (Sec. 2) Places the Community Development Financial Institutions Fund in the Department of the Treasury and all Fund functions under the supervision of the Secretary of the Treasury. (Sec. 3) Authorizes the Fund to offer community development finance activity training programs through grants or cooperative agreements with other organizations (as well as directly or through contracts). (Sec. 4) Authorizes appropriations for FY 2000 through 2003. (Sec. 6) Requires the Fund to: (1) develop a scoring system which assigns a relative point value to each factor required in connection with applicant selection criteria; (2) convene multiperson review panels to review applications on the basis of such factors and the scoring system; and (3) include in its annual report specified contract and compliance information, as well as a complete description of the implementation of the scoring system and its methodology. Directs the Comptroller General to report to the Congress on Fund structure, governance, and performance.

Community Development Financial Institutions Fund Amendments Act of of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Bill Education Quality Enhancement Act of 2015''. SEC. 2. ROLE OF STATE APPROVING AGENCIES. (a) Approval of Certain Courses.--Section 3672(b)(2)(A) of title 38, United States Code, is amended by striking ``the following'' and all that follows through the colon and inserting the following: ``a program of education is deemed to be approved for purposes of this chapter if a State approving agency determines that the program is one of the following programs:''. (b) Approval of Other Courses.--Section 3675 of such title amended-- (1) in subsection (a)(1)-- (A) by striking ``The Secretary or a State approving agency'' and inserting ``A State approving agency, or the Secretary when acting in the role of a State approving agency,''; and (B) by striking ``offered by proprietary for-profit educational institutions'' and inserting ``not covered by section 3672 of this title''; and (2) in subsection (b), by striking ``the Secretary or the State approving agency'' and inserting ``the State approving agency, or the Secretary when acting in the role of a State approving agency,'' each place it appears. SEC. 3. CRITERIA USED TO APPROVE NONACCREDITED COURSES. (a) In General.--Section 3676(c)(14) of such title is amended by inserting before the period the following: ``if the Secretary, in consultation with the State approving agency and pursuant to regulations prescribed to carry out this paragraph, determines such criteria are necessary and treat public, private, and proprietary for- profit educational institutions equitably''. (b) Application.--The amendment made by subsection (a) shall apply with respect to an investigation conducted under section 3676(c) of title 38, United States Code, that is covered by a reimbursement of expenses paid by the Secretary of Veterans Affairs to a State pursuant to section 3674 of such title on or after the first day of the first fiscal year following the date of the enactment of this Act. SEC. 4. CLARIFICATION OF ASSISTANCE PROVIDED FOR CERTAIN FLIGHT TRAINING. (a) In General.--Subsection (c)(1)(A) of section 3313 of such title is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking ``In the case of a program of education pursued at a public institution of higher learning'' and inserting ``(I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb)''; and (C) by adding at the end the following new subclause: ``(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for fees relating to flight training.''; and (2) in clause (ii)-- (A) in subclause (I), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively; (B) in subclause (II), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively; (C) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (D) by striking ``In the case of a program of education pursued at a non-public or foreign institution of higher learning'' and inserting ``(I) In the case of a program of education described in subclause (II)''; and (E) by adding at the end the following new subclause: ``(II) A program of education described in this subclause is any of the following: ``(aa) A program of education pursued at a non-public or foreign institution of higher learning. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (b) Application.--The amendments made by subsection (a) shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. SEC. 5. COMPLIANCE SURVEYS. (a) In General.--Section 3693 of such title is amended-- (1) by striking subsection (a) and inserting the following new subsection (a): ``(a)(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall-- ``(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title; ``(B) survey each such educational institution and training establishment not less than once during every two-year period; and ``(C) assign not fewer than one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year. ``(2) The Secretary, in consultation with the State approving agencies, shall-- ``(A) annually determine the parameters of the surveys required under paragraph (1); and ``(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.''; and (2) by adding at the end the following new subsection: ``(c) In this section, the terms `educational institution' and `training establishment' have the meaning given such terms in section 3452 of this title.''. (b) Conforming Amendments.--Subsection (b) of such section is amended-- (1) by striking ``subsection (a) of this section for an annual compliance survey'' and inserting ``subsection (a)(1) for a compliance survey''; (2) by striking ``institution'' and inserting ``educational institution or training establishment''; and (3) by striking ``institution's demonstrated record of compliance'' and inserting ``record of compliance of such institution or establishment''.

GI Bill Education Quality Enhancement Act of 2015 Deems specified education programs to be approved for veterans' education benefit purposes if a state approving agency determines that they qualify. Authorizes a state approving agency, or the Secretary of Veterans Affairs (VA) acting in the role of a state approving agency, to approve other accredited programs for such purposes. Continues to allow state approving agencies to establish additional criteria (other than those set forth in current law) for the approval of nonaccredited courses, but requires VA to determine that such criteria are necessary and treat public, private, and proprietary for-profit educational institutions equitably. Prohibits VA from including flight training fees in the in-state tuition and fees at public institutions of higher education (IHEs) that are covered by post-9/11 veterans' educational assistance. Requires post-9/11 veterans' educational assistance for flight training programs at public IHEs to be determined in the same manner as such assistance for education programs pursued at non-public or foreign IHEs is determined. Directs VA to conduct an annual compliance survey of educational institutions and training establishments offering courses approved for veterans' education benefits if at least 20 individuals who are eligible for such benefits are enrolled in any such course. (Currently, an annual compliance survey of each institution offering such courses must be conducted if at least 300 beneficiaries are enrolled or if any such course does not lead to a standard college degree.) Authorizes VA to waive the annual survey for institutions or establishments that have a record of compliance. Requires VA to conduct a biennial survey of each educational institution and training establishment that offers courses approved for veterans' education benefits.

GI Bill Education Quality Enhancement Act of 2015

SECTION 1. TERMINATION OF PRESIDENTIAL ELECTION CAMPAIGN FUND CHECK- OFF. Section 6096 of the Internal Revenue Code of 1986 (relating to designation of income tax payments to Presidential Election Campaign Fund) is amended by adding at the end thereof the following new subsection: ``(d) Termination.--This section shall not apply to any taxable year beginning after December 31, 1991. SEC. 2. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR REDUCTION OF PUBLIC DEBT. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR REDUCTION OF PUBLIC DEBT. ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be used to reduce the public debt. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated As Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed. ``(d) Forms To Include Address for Other Public Debt Reduction Contributions.--The Secretary shall include on returns of tax imposed by chapter 1 the address to which taxpayers may send at any time additional contributions to reduce the public debt.'' (b) Transfers To Account to Reduce Public Debt.--The Secretary of the Treasury shall, from time to time, transfer to the special account established by section 3113(d) of title 31, United States Code-- (1) the amounts of the overpayments of tax to which designations under section 6097 of the Internal Revenue Code of 1986 apply, and (2) the amounts of contributions made under such section to the United States. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for reduction of public debt.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1991. SEC. 3. INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS ALLOWED DEDUCTION FOR CONTRIBUTIONS TO REDUCE PUBLIC DEBT. (a) In General.--Section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Individuals Who Do Not Itemize Deductions Allowed Deduction for Contributions To Reduce Public Debt.--In the case of an individual who does not itemize his deductions for the taxable year, the amount allowable under subsection (a) for such taxable year for contributions made to the Secretary to reduce the public debt shall be taken into account as a direct public debt reduction contribution under section 63.'' (b) Taxable Income Reduced By Contributions.--Subsection (b) of section 63 of such Code (defining taxable income) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(3) the direct public debt reduction contribution.'' (c) Conforming Amendments.-- (1) Subsection (f) of section 63 of such Code (defining itemized deductions) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(3) the direct public debt reduction contribution.'' (2) Section 63 of such Code is amended by adding at the end thereof the following new subsection: ``(h) Direct Public Debt Reduction Contribution.--For purposes of this section, the term `direct public debt reduction contribution' means that portion of the amount allowable under section 170(a) which is taken as a direct public debt reduction contribution for the taxable year under section 170(m).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Amends the Internal Revenue Code to terminate the authority for individuals to designate income tax payments to the Presidential Election Campaign Fund. Allows individual taxpayers to designate a portion of any tax overpayment (not less than one dollar) and to make cash contributions with their tax returns to reduce the public debt. Allows individuals who do not itemize deductions a deduction for contributions to reduce the public debt.

To amend the Internal Revenue Code of 1986 to repeal the income tax check-off which provides funding for Presidential election campaigns and to provide a check-off to reduce the public debt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Immigration Law Enforcement Act of 1993''. SEC. 2. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL. The number of full-time positions in the Border Patrol of the Department of Justice for fiscal year 1994 shall be increased to 6,600. SEC. 3. INCREASED FUNDING FOR THE BORDER PATROL. In addition to funds otherwise available for such purposes, there are authorized to be appropriated to the Attorney General $50,000,000 for the fiscal year 1993, which amount shall be available only for equipment, support services, and initial training for the Border Patrol. Funds appropriated pursuant to this section are authorized to remain available until expended. SEC. 4. INSERVICE TRAINING FOR THE BORDER PATROL. (a) Requirement.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following new subsection: ``(e)(1) The Attorney General shall continue to provide for such programs of inservice training for full-time and part-time personnel of the Border Patrol in contact with the public as will familiarize the personnel with the rights and varied cultural backgrounds of aliens and citizens in order to ensure and safeguard the constitutional and civil rights, personal safety, and human dignity of all individuals, aliens as well as citizens, within the jurisdiction of the United States with whom they have contact in their work. ``(2) The Attorney General shall provide that the annual report of the Service include a description of steps taken to carry out paragraph (1).''. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General $1,000,000 for fiscal year 1994 to carry out the inservice training described in section 103(e) of the Immigration and Nationality Act. The funds appropriated pursuant to this subsection are authorized to remain available until expended. SEC. 5. INCREASE IN I.N.S. SUPPORT PERSONNEL. In order to provide support for the increased personnel levels of the border patrol authorized in section 2, the number of full-time support positions for investigation, detention and deportation, intelligence, information and records, legal proceedings, and management and administration in the Immigration and Naturalization Service shall be increased by 580 positions above the number of equivalent positions as of September 30, 1992. SEC. 6. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS. (a) In General.--The number of full-time positions in the Wage and Hour Division with the Employment Standards Administration of the Department of Labor for the fiscal year 1994 shall be increased by 250 positions above the number of equivalent positions available to the Wage and Hour Division as of September 30, 1992. (b) Assignment.--Individuals employed to fill the additional positions described in subsection (a) shall be assigned to investigate violations of wage and hour laws in areas where the Attorney General has notified the Secretary of Labor that there are high concentrations of undocumented aliens. SEC. 7. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS PROVISIONS. (a) In General.--The number of full-time positions in the Investigations Division within the Immigration and Naturalization Service of the Department of Justice for the fiscal year 1994 shall be increased by 250 positions above the number of equivalent positions available to such Division as of September 30, 1992. (b) Assignment.--Individuals employed to fill the additional positions described in subsection (a) shall be assigned to investigate violations of the employer sanctions provisions contained in section 274A of the Immigration and Nationality Act, including investigating reports of violations received from officers of the Employment Standards Administration of the Department of Labor. SEC. 8. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS. (a) In General.--The number of Assistant United States Attorneys that may be employed by the Department of Justice for the fiscal year 1994 shall be increased by 21 above the number of Assistant United States Attorneys that could be employed as of September 30, 1992. (b) Assignment.--Individuals employed to fill the additional positions described in subsection (a) shall be specially trained to be used for the prosecution of persons who bring into the United States or harbor illegal aliens, fraud, and other criminal statutes involving illegal aliens. SEC. 9. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING. Subsection 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) in paragraph (1), by striking ``five years'' and inserting ``10 years (or 20 years in the case of an offense described in paragraph (3))'', and (2) by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), an offense described in this paragraph if-- ``(A) the offense involves 5 or more aliens; ``(B) the offense involves other criminal activity; ``(C) one or more of the aliens referred to in paragraph (1) were under the age of 18 at the time of the offense and the offense was committed either for the purpose of illegal adoption or for the purpose of sexual or commercial exploitation; or ``(D) the offense involves the dangerous, inhumane treatment, or death of, or serious bodily injury to, an alien referred to in paragraph (1).''. SEC. 10. CHANGES IN CRIMINAL PENALTIES FOR BRINGING IN ALIENS. Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended-- (1) in subsection (a)(2), by inserting before the period at the end thereof the following: ``, except that a person who commits an offense under subparagraph (B)(ii) shall be fined in accordance with that title, or imprisoned not more than 10 years, or both'', and (2) by adding at the end thereof the following new subsection: ``(d) For purposes of this section, the mere employment of an individual (including the usual and normal practices incident to employment) by itself shall not be deemed to constitute harboring.''. SEC. 11. NEGOTIATIONS WITH MEXICO AND CANADA. It is the sense of the Congress that-- (1) the Attorney General, jointly with the Secretary of State, should initiate discussions with Mexico and Canada to establish formal bilateral programs with those countries to prevent and to prosecute the smuggling of undocumented aliens into the United States; (2) not later than one year after the date of enactment of this Act, the Attorney General shall report to the Congress the progress made in establishing such programs; and (3) in any such program established under this Act, major emphasis should be placed on deterring and prosecuting persons involved in the organized and continued smuggling of undocumented aliens.

Improved Immigration Law Enforcement Act of 1993 - Increases FY 1994 personnel levels and funding for the Border Patrol and support personnel levels for the Immigration and Naturalization Service (INS). Provides for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens. Authorizes FY 1994 appropriations. Increases FY 1994 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Immigration and Nationality Act (the Act). Increases for FY 1994 the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring into the United States illegal aliens. Amends the Act to increase penalties for harboring or bringing into the United States aliens for profit (but specifies that mere employment of an individual by itself shall not be deemed to constitute harboring). Expresses the sense of the Senate that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States.

Improved Immigration Law Enforcement Act of 1993

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide supplemental appropriations for the fiscal year ending September 30, 1993, and for other purposes, namely: TITLE I--SUPPLEMENTAL APPROPRIATIONS DEPARTMENT OF LABOR Employment and Training Administration training and employment services (including transfer of funds) For an additional amount for ``Training and employment services'', $320,000,000, to be available upon enactment of this Act, to carry into effect the Job Training Partnership Act, of which $5,500,000 is for activities under part D of title IV of such Act, of which up to $1,500,000 may be transferred to the Program Administration account, of which $80,000,000 is for activities under part H of title IV of such Act, and of which $234,500,000 is for activities under part B of title II of such Act. ENVIRONMENTAL PROTECTION AGENCY State Revolving Funds/Construction Grants For an additional amount for ``State revolving funds/construction grants'', to make grants under title VI of the Federal Water Pollution Control Act, as amended, $290,000,000, to remain available until September 30, 1994: Provided, That notwithstanding section 602(b)(2) of such Act, no State match shall be required for this additional amount: Provided further, That notwithstanding section 602(b)(3) of such Act, States shall enter into binding commitments to provide assistance in an amount equal to 100 percent of the amount of each grant payment within one year after receipt of such grant payment from this additional amount. DEPARTMENT OF AGRICULTURE Farmers Home Administration rural development insurance fund program account For an additional amount for the ``Rural development insurance fund program account'', for the costs of water and sewer direct loans, $35,543,000, to subsidize additional gross obligations for the principal amount of direct loans not to exceed $250,000,000. rural water and waste disposal grants For an additional amount for ``Rural water and waste disposal grants'', $35,000,000, to remain available until expended. DEPARTMENT OF JUSTICE Office of Justice Programs justice assistance For an additional amount for ``Justice assistance'', $200,000,000 for grants authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended: Provided, That such funds shall be available only for the first year cost of the salaries and benefits, excluding overtime payments, resulting from the hiring of additional sworn law enforcement personnel. DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION Grants To The National Railroad Passenger Corporation For an additional amount for ``Grants to the National Railroad Passenger Corporation'', to remain available until expended, $51,000,000, of which $30,000,000 shall be available for operating losses incurred by the Corporation, and of which $21,000,000 shall be available for capital improvements. SMALL BUSINESS ADMINISTRATION salaries and expenses (by transfer) For an additional amount for ``Salaries and expenses'', $14,000,000, to carry out section 24 of the Small Business Act, as amended, to be derived by transfer from amounts provided in Public Law 102-395 for the credit subsidy cost of the SBIC Program. TITLE II--RESCISSIONS DEPARTMENT OF AGRICULTURE Farmers Home Administration agricultural credit insurance fund program account (rescission) Of the amounts provided under this heading for the cost of direct operating loans in Public Law 102-341, $15,000,000 are rescinded. Of the amounts provided for the cost of emergency insured loans for this heading in Public Law 102-341, $15,000,000 are rescinded. salaries and expenses (rescission) Of the amounts provided for this heading in Public Law 102-341, $15,000,000 are rescinded. Such funds were made available for salaries and expenses. Human Nutrition Information Service (rescission) Of the amounts provided for this heading in Public Law 102-341, $2,250,000 are rescinded. Agricultural Stabilization and Conservation Service salaries and expenses (rescission) Of the amounts provided for this heading in Public Law 102-341, $3,900,000 are rescinded. Such funds were made available for salaries and expenses. DEPARTMENT OF COMMERCE Economic Development Administration economic development revolving fund (rescission) Of the unobligated balances in the Economic Development Revolving Fund, $66,807,000 are rescinded. National Oceanic and Atmospheric Administration operations, research, and facilities (rescission) Of the amounts provided under this heading in Public Law 102-395, $1,750,000 are rescinded and in addition of the amounts also provided under this heading for a semitropical research facility located at Key Largo, Florida, in Public Law 101-515 and Public Law 102-140, $794,000 are rescinded. DEPARTMENT OF JUSTICE AND RELATED AGENCY Assets Forfeiture Fund (rescission) Of the amounts provided under this heading in Public Law 102-395, $5,000,000 are rescinded. Federal Prison System buildings and facilities (rescission) Of the amounts provided under this heading in Public Law 102-395, $94,500,000 are rescinded. Office of Justice Programs justice assistance (rescission) Of the amounts provided under this heading in Public Law 102-140 to carry out part N of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, $1,000,000 for grants for televised testimony of child abuse victims are rescinded. Thomas Jefferson Commemoration Commission salaries and expenses (rescission) Of the amounts provided under this heading in Public Law 102-395, $200,000 are rescinded. DEPARTMENT OF THE INTERIOR AND RELATED AGENCY Bureau of Land Management land acquisition (rescission) Of the amounts provided under this heading in Public Law 102-381, $4,958,000 for the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation are rescinded. United States Fish and Wildlife Service construction and anadromous fish (rescission) Of the amounts provided under this heading in Public Law 101-121 and Public Law 101-512, $4,100,000 are rescinded. National Park Service construction (rescission) Of the amounts provided under this heading in Public Law 102-154, $6,800,000 are rescinded. Office of Navajo and Hopi Indian Relocation salaries and expenses (rescission) Of the amounts provided under this heading in Public Law 102-381, $3,000,000 for housing are rescinded. DEPARTMENT OF LABOR Employment and Training Administration training and employment services (rescission) Of the amounts provided under this heading in Public Law 102-394 for carrying out the Job Training Partnership Act, $50,000,000 are rescinded: Provided, That $25,000,000 shall be from programs authorized by title II, parts A and C and $25,000,000 shall be from programs authorized by title III. Of the amounts provided under this heading in Public Law 102-170 for Clean Air Employment Transition Assistance under part B of title III of the Job Training Partnership Act, $49,000,000 are rescinded. Departmental Management salaries and expenses (rescission) Of the amounts provided under this heading in Public Law 102-394, $2,000,000 are rescinded. DEPARTMENT OF EDUCATION Impact Aid (rescission) Of the amounts provided under this heading in Public Law 102-394 for payments under section 3(e), $1,786,000 are rescinded. School Improvement Programs (rescission) Of the amounts provided under this heading in Public Law 102-394 for titles II-B and IV-C of the Elementary and Secondary Education Act of 1965, $15,135,000 are rescinded. Vocational and Adult Education (rescission) Of the amounts provided under this heading in Public Law 102-394 for title IV-E of the Carl D. Perkins Vocational and Applied Technology Education Act, $2,946,000 are rescinded. Student Financial Assistance (rescission) Of the amounts provided under this heading in Public Law 102-394 for subpart 4 of part A of title IV of the Higher Education Act, $72,490,000 are rescinded. Higher Education (rescission) Of the amounts provided under this heading in Public Law 102-394 for title VIII, part D of title X, and subpart 2 of part B of title XI of the Higher Education Act of 1965, as amended, and part C of title VI of the Excellence in Mathematics, Science and Engineering Education Act of 1990, $23,652,000 are rescinded. Education Research, Statistics, and Improvement (rescission) Of the amounts provided under this heading in Public Law 102-394 for territorial teacher training and the National Writing Project, $4,949,000 are rescinded. Libraries (rescission) Of the amounts provided under this heading in Public Law 102-394 for title VI of the Library Services and Construction Act and title II of the Higher Education Act, $14,720,000 are rescinded. DEPARTMENT OF TRANSPORTATION COAST GUARD Operating Expenses (rescission) Of the amounts provided under this heading in Public Law 102-388, $20,000,000 are rescinded. FEDERAL AVIATION ADMINISTRATION Operations (rescission) Of the amounts provided under this heading in Public Law 102-388, $5,000,000 are rescinded. Facilities and Equipment (airport and airway trust fund) (rescission) Of the amounts provided under this heading in Public Law 100-457, $57,400,000 are rescinded. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Operations and Research (rescission) Of the amounts provided under this heading in Public Law 102-388, the Department of Transportation and Related Agencies Appropriations Act, 1993, $3,520,242 are rescinded. Of the amounts provided under this heading in Public Law 101-516, the Department of Transportation and Related Agencies Appropriations Act, 1991, $1,800,000 are rescinded. Of the amounts provided under this heading in Public Law 101-164, the Department of Transportation and Related Agencies Appropriations Act, 1990, $2,534,346 are rescinded. DEPARTMENT OF THE TREASURY United States Customs Service salaries and expenses (rescission) Of the amounts provided under this heading in Public Law 102-393, $600,000 are rescinded. Bureau of the Public Debt administering the public debt (rescission) Of the amounts provided under this heading in Public Law 102-393, $3,400,000 are rescinded. Internal Revenue Service administration and management (rescission) Of the amounts provided under this heading in Public Law 102-393, $11,000,000 are rescinded. GENERAL SERVICES ADMINISTRATION Federal Buildings Fund (rescission) (limitations on availability of revenue) Of the amounts provided under this heading in Public Law 102-393, the following amounts are rescinded in the following accounts: Rental of space, $16,000,000 and Installment and acquisition payments, $2,000,000: Provided, That the aggregate limitation on Federal Buildings Fund obligations established in Public Law 102-393 is hereby reduced by such amounts. Of the amounts provided under this heading in Public Law 101-509 for the Northern Virginia Naval Systems Commands $25,000,000 are rescinded. DEPARTMENT OF VETERANS AFFAIRS Departmental Administration construction, major projects (rescission) Of the amounts provided under this heading in Public Law 102-389, $20,500,000 are rescinded. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs homeownership and opportunity for people everywhere grants (hope grants) (rescission) Of the amounts provided under this heading in Public Law 102-389, $164,500,000 are rescinded: Provided, That of the foregoing amount, $114,500,000 shall be deducted from amounts earmarked for HOPE for the Public and Indian Housing Homeownership Program and $50,000,000 shall be deducted from amounts earmarked for the HOPE for Homeownership of Multifamily Units Program. ENVIRONMENTAL PROTECTION AGENCY hazardous substance superfund (rescission) Of the amounts provided under this heading in Public Law 102-389, $100,000,000 are rescinded. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION research and development (rescission) Of the amounts provided under this heading in Public Law 102-389, $25,000,000 are rescinded. TITLE III--GENERAL PROVISIONS Sec. 301. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. community investment program Sec. 302. None of the funds made available for the Community Investment Program by Public Law 102-368 shall be available prior to September 30, 1993. Sec. 303. None of the funds in this Act, or any other Act, may be used to pay for the relocation of the Human Nutrition Information Service. SEC. 304. YOUTH FAIR CHANCE PROGRAM. (a) Age Eligibility and Stipend Requirements.--Section 494(b) of the Job Training Partnership Act (29 U.S.C. 1782c(b)) (in this section referred to as the ``Act'') is amended-- (1) in paragraph (3) to read as follows: ``(3) provide that funds received under this part will be used-- ``(A) for services to youth and young adults ages 14 through 30 at the time of enrollment, including case management, life skills management, and crisis intervention services; and ``(B) to provide stipends to youth and young adults ages 17 to 30 at the time of enrollment for participant support in paid work experience and classroom programs (if such programs are combined with other education and training activities), which may be used by such youth and young adults for transportation, food, grooming, and other basic necessities;''; (2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) contain assurances that-- ``(A) in providing services under paragraph (3), the participating community will maintain a ratio of approximately 1 case worker for every 25 participants; ``(B) employment provided under such paragraph to any youth or young adult will not exceed 20 hours per week; and ``(C) the amount of a stipend provided under such paragraph to any youth or young adult will not be less than $100 per week and will reflect the cost of living in the participating community;''. (b) Authorization of Appropriations.-- (1) In general.--Section 3 of the Act is amended by adding at the end the following new subsection: ``(g) There are authorized to be appropriated to carry out part H of title IV $100,000,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994 through 1997.''. (2) Repeal.--Section 3(c)(3) of the Act is repealed effective July 1, 1993. (c) Effective Date for Part H of Title IV of the Act.--Section 701 of the Job Training Reform Amendments of 1992 is amended by adding at the end the following new subsection: ``(k) Youth Fair Chance Program.--The amendment made by section 406 shall take effect on the date of the enactment of the Second Supplemental Appropriations Act of 1993.''. (d) Effective Date.--Except as provided in subsection (b)(2), the amendments made by this section shall take effect on the date of the enactment of this Act. This Act may be cited as the ``Second Supplemental Appropriations Act of 1993''. Passed the House of Representatives May 26, 1993. Attest: DONNALD K. ANDERSON, Clerk. HR 2244 RFS----2

TABLE OF CONTENTS: Title I: Supplemental Appropriations Title II: Rescissions Title III: General Provisions Second Supplemental Appropriations Act of 1993 - Title I: Supplemental Appropriations - Makes supplemental appropriations available to: (1) the Employment and Training Administration of the Department of Labor; (2) the Environmental Protection Agency for construction grants; (3) the Farmers Home Administration of the Department of Agriculture; (4) the Office of Justice Programs of the Department of Justice; (5) the Federal Railroad Administration of the Department of Transportation; and (6) the Small Business Administration through a fund transfer. Title II: Rescissions - Rescinds specified appropriations made to: (1) the Department of Agriculture for the Farmers Home Administration; (2) the Department of Commerce for the Economic Development Administration and the National Oceanic and Atmospheric Administration; (3) the Department of Justice for Office of Justice Programs and the Thomas Jefferson Commemoration Commission; (4) the Department of the Interior for the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, and the Office of Navajo and Hopi Indian Relocation; (5) the Department of Labor for the Employment and Training Administration and departmental management; (6) the Department of Education for certain programs; (7) the Department of Transportation for the Coast Guard, the Federal Aviation Administration, and the National Highway Traffic Safety Administration; (8) the Department of the Treasury for the U.S. Customs Administration, the Bureau of the Public Debt, and the Internal Revenue Service; (9) the General Services Administration for the Federal Buildings Fund; (10) the Department of Veterans Affairs for departmental administration; (11) the Department of Housing and Urban Development for certain housing programs; (12) the Environmental Protection Agency for the Hazardous Substance Superfund; and (13) the National Aeronautics and Space Administration for research and development. Title III: General Provisions - Prohibits appropriations in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided. Restricts the availability of funds for the Community Investment Program until September 30, 1993. Prohibits the use of any funds to pay for the relocation of the Human Nutrition Information Service. Amends the Job Training Partnership Act to change the age eligibility requirements for the Youth Fair Chance Program. Allows the provision of stipends to youth in such program. Authorizes appropriations for FY 1993 through 1997.

Second Supplemental Appropriations Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tomb of the Unknown Soldier Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Tomb of the Unknown Soldier is a memorial site at Arlington National Cemetery. On March 4, 1921, Congress approved the burial of an unidentified soldier of the United States on the site to commemorate the unknown soldiers who died during World War I. (2) As of the date of enactment of this Act, the site also includes unknown soldiers from World War II and the Korean War. These graves are marked with white marble slabs embedded in the plaza below the original sarcophagus. (3) The original white marble sarcophagus of the unknown soldier from World War I features 3 Greek figures representing peace, victory, and valor. There are 6 wreaths, 3 sculpted on each side, which represent the major campaigns of World War I. (4) The original unknown soldier lay in the rotunda of the Capitol from his arrival in the United States until Armistice Day, 1921. President Warren G. Harding officiated at the interment ceremonies at the Memorial Amphitheater at Arlington National Cemetery. (5) The Tomb of the Unknown Soldier is guarded 24 hours a day, 365 days a year, and in any weather by Tomb Guard sentinels. The sentinels, all of whom are volunteers, are considered to be the best of the elite 3d Infantry Regiment of the Army (commonly known as the ``Old Guard''), headquartered at Fort Myer, Virginia. (6) Inscribed on the back of the Tomb of the Unknown Soldier are the words, ``Here rests in honored glory an American soldier known but to God''. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall mint and issue not more than 100,000 $1 coins in commemoration of the centennial of the establishment of the Tomb of the Unknown Soldier, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain not less than 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the establishment of the Tomb of the Unknown Soldier. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2021''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) chosen by the Secretary after consultation with-- (A) the Society of the Honor Guard, Tomb of the Unknown Soldier; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the 1-year period beginning on January 1, 2021. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge described in section 7 with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the date on which the coins are issued. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National World War I Museum and Memorial for the purposes of assisting in commemorating the centennial of the establishment of the Tomb of the Unknown Soldier. (c) Audits.--The National World War I Museum and Memorial shall be subject to the audit requirements under section 5134(f)(2) of title 31, United States Code, with respect to the amounts received under subsection (b). (d) Limitation.-- (1) In general.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance of any coin under this Act during a calendar year if, on the date of the issuance, the issuance of the coin would result in the number of commemorative coin programs issued during that year to exceed the limitation under section 5112(m)(1) of title 31, United States Code. (2) Issuance of guidance.--The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act shall result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, may be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Tomb of the Unknown Soldier Centennial Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 100,000 $1 coins in commemoration of the centennial of the establishment of the Tomb of the Unknown Soldier. All sales of such coins shall include a surcharge of $10 for each coin. All surcharges received by Treasury from the sale of such coins must be paid to the National World War I Museum and Memorial to assist in the commemoration of the centennial.

Tomb of the Unknown Soldier Centennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Winning the Peace Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) President George W. Bush has stated that the United States security strategy takes into account the fact that ``America is now threatened less by conquering states than we are by failing ones''. (2) Failed states can provide safe haven for a diverse array of transnational threats, including terrorist networks, militia and warlords, global organized crime, and narcotics traffickers who threaten the security of the United States and the allies of the United States. (3) The inability of the authorities in a failed state to provide basic services can create or contribute to humanitarian emergencies. (4) It is in the interest of the United States and the international community to bring conflict and humanitarian emergencies stemming from failed states to a lasting and sustainable close. (5) Since the end of the cold war, United States military, diplomatic, and humanitarian personnel have been engaged in major post-conflict reconstruction efforts in such places as Iraq, Bosnia, Kosovo, Somalia, Haiti, Rwanda, and Afghanistan. (6) Assisting failed states in emerging from violent conflict is a complex and long-term task, as demonstrated by the experience that 50 percent of such states emerging from conditions of violent conflict slip back into violence within 5 years. (7) In 2003, the bipartisan Commission on Post-Conflict Reconstruction created by the Center for Strategic and International Studies and the Association of the United States Army, released a report explaining that ``United States security and development agencies still reflect their Cold War heritage. The kinds of complex crises and the challenge of failed states encountered in recent years do not line up with these outdated governmental mechanisms. If regional stability is to be maintained, economic development advanced, lives saved, and transnational threats reduced, the United States and the international community must develop a strategy and enhance capacity for pursuing post-conflict reconstruction.''. (8) Preventing failed states from slipping into violence and chaos requires an intensive engagement by individuals with sensitivity to the relevant historical, social, political, and economic context of, and a thorough understanding of the language of, the region. Any person involved in reconstruction efforts if such a state must have extensive cross-cultural training and the ability to communicate effectively in the language of that state. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Director.--The term ``Director'' means a Director of Reconstruction for a country or region designated by the President under section 4. (3) Reconstruction services.--The term ``reconstruction services'' means activities related to rebuilding, reforming, or establishing the infrastructure processes or institutions of a country that has been affected by an armed conflict, including services related to-- (A) security and public safety, including-- (i) disarmament, demobilization, and reintegration of combatants; (ii) training and equipping of national armed forces; (iii) training and equipping civilian police forces; and (iv) providing security as interim civilian police forces; (B) justice, including-- (i) developing rule of law and legal, judicial, and correctional institutions; (ii) preventing human rights violations; (iii) bringing war criminals to justice; (iv) supporting national reconciliation processes; and (v) clarifying property rights; (C) governance, including-- (i) reforming or developing civil administration and other government institutions; (ii) restoring performance of basic civil functions, such as schools, health clinics, and hospitals; and (iii) establishing processes of governance and participation; and (D) economic and social well-being, including-- (i) providing humanitarian assistance; (ii) constructing or repairing infrastructure; (iii) developing national economic institutions and activities, such as a banking system; and (iv) encouraging wise stewardship of natural resources for the benefit of the citizens of such country. SEC. 4. DIRECTOR OF RECONSTRUCTION POSITIONS. (a) Authorization of Positions.--The President is authorized to designate a Director of Reconstruction for each country or region in which-- (1) units of the United States Armed Forces have engaged in armed conflict; or (2) as a result of armed conflict the country or region will receive reconstruction services from the United States Government. (b) Authority to Provide Assistance.--Notwithstanding any other provision of law, the President is authorized to provide assistance for reconstruction services for any country or region for which a Director has been designated under subsection (a). (c) Duties.--A Director shall provide oversight and coordination of, and have decision making authority for, all activities of the United States Government, within the country or region for which designated, that are related to providing reconstruction services to such country or region, including implementing complex, multidisciplinary post-conflict reconstruction programs in such country or region. (d) Coordination.--A Director shall coordinate with the representatives of the country or region where the Director is overseeing and coordinating the provision of reconstruction services, and any foreign government, multilateral organization, or nongovernmental organization that is providing services to such country or region-- (1) to avoid providing reconstruction services that duplicate any such services that are being provided by a person or government other than the United States Government; (2) to capitalize on civil administration systems and capabilities available from such person or government; and (3) to utilize individuals or entities with expertise in providing reconstruction services that are available through such other person or government. (e) Support Services.--The Secretary of State is authorized to establish within the Department of State a permanent office to provide support, including administrative services, to each Director designated under subsection (a). SEC. 5. INTERNATIONAL EMERGENCY MANAGEMENT OFFICE. (a) Authorization.--The Administrator is authorized to establish within the United States Agency for International Development an Office of International Emergency Management for the purposes described in subsection (b). (b) Purposes.-- (1) In general.--The purposes of the Office authorized by subsection (a) shall be-- (A) to develop and maintain a database of individuals or entities that possess expertise in providing reconstruction services, including appropriate language, interpretation, and communication capabilities; and (B) to provide support for mobilizing such individuals and entities to provide a country or region with services applying such expertise when requested by the Director for such country or region. (2) Experts.--The individuals or entities referred to in paragraph (1) may include employees or agencies of the Federal Government, any other government, or any other person, including former Peace Corps volunteers or civilians located in the affected country or region in critical response areas. SEC. 6. INTEGRATED SECURITY SUPPORT COMPONENT. (a) Sense of Congress Regarding the Creation of an Integrated Security Support Component of NATO.--It is the sense of Congress that-- (1) the Secretary of State and the Secretary of Defense should present to the North Atlantic Council a proposal to establish within the North Atlantic Treaty Organization an Integrated Security Support Component to train and equip selected units within the North Atlantic Treaty Organization to execute security tasks in countries or regions that require reconstruction services; and (2) if such a Component is established, the President should commit United States personnel to participate in such Component, after appropriate consultation with Congress. (b) Authority to Participate in an Integrated Support Component.-- (1) In general.--If the North Atlantic Council establishes an Integrated Security Support Component, as described in subsection (a), the President is authorized to commit United States personnel to participate in such Component, after appropriate consultation with Congress. (2) Capabilities.--The units composed of United States personnel participating in such Component pursuant to the authority in paragraph (1) should be capable of-- (A) providing for security of a civilian population, including serving as a police force; and (B) providing for the performance of public functions and the execution of security tasks such as control of belligerent groups and crowds, apprehending targeted persons or groups, performing anti-corruption tasks, and supporting police investigations. SEC. 7. TRAINING CENTER FOR POST-CONFLICT RECONSTRUCTION OPERATIONS. (a) Establishment.--The Secretary of State shall establish within the Department of State an interagency Training Center for Post- Conflict Reconstruction Operations for the purposes described in subsection (b). (b) Purposes.--The purposes of the Training Center authorized by subsection (a) shall be to-- (1) train interagency personnel in assessment, strategy development, planning, and coordination related to providing reconstruction services; (2) develop and certify experts in fields related to reconstruction services who could be called to participate in operations in countries or regions that require such services; (3) provide training to individuals who will provide reconstruction services in a country or region, including language, interpretation, communication, and cross-cultural training; (4) develop rapidly deployable training packages for use in countries or regions in need of reconstruction services; and (5) conduct reviews of operations that provide reconstruction services for the purpose of-- (A) improving subsequent operations to provide such services; and (B) developing appropriate training and education programs for individuals who will provide such services. SEC. 8. CIVILIAN POLICE RESERVE. It is the sense of Congress that the President should establish a task force of Federal, State, and local law enforcement representatives to implement a reserve force of law enforcement officers willing to serve overseas to provide reconstruction services described in clauses (iii) and (iv) of section 3(3)(A). SEC. 9. RETURN OF TALENT PROGRAMS. It is the sense of Congress that the President should direct the Secretary of Homeland Security to review immigration rules for aliens admitted for permanent residence to the United States who wish to return temporarily to their countries of origin to participate in ``return of talent'' programs, to the extent those countries are receiving reconstruction services from the United States. SEC. 10. SECURITY DEVELOPMENT FUND. There is established a United States Security Development Fund to carry out the purposes of this Act. There is authorized to be appropriated to the President from time to time such amounts as may be necessary for the fund to carry out the purposes of this Act, except that no amount of funds may be appropriated which, when added to amounts previously appropriated but not yet obligated, would cause such amounts to exceed $300,000,000. Amounts appropriated under this section shall remain available until expended.

Winning the Peace Act of 2003 - Authorizes the President to designate a Director of Reconstruction for, and to provide assistance for reconstruction services for, each country or region in which the U.S. armed forces have engaged in armed conflict or which will receive reconstruction services from the U.S. Government due to armed conflict. Gives the Director authority over all reconstruction activities of the U.S. Government within the country or region of operation. Authorizes the Secretary of State to establish a permanent office to provide support to each Director. Authorizes the Administrator of the U.S. Agency for International Development (USAID) to establish an Office of International Emergency Management to: (1) maintain a database of entities with expertise in providing reconstruction services; and (2) provide support for mobilizing such entities to provide services requested by a country or region Director. Expresses the sense of Congress that the Secretaries of State and Defense should propose to establish within the North Atlantic Treaty Organization (NATO) an Integrated Security Support Component to prepare NATO units for reconstruction-related security tasks. Authorizes the President to commit U.S. personnel to such a Component. Requires the Secretary of State to establish an interagency Training Center for Post-Conflict Reconstruction Operations. Expresses the sense of Congress that the President should: (1) establish a task force to implement a reserve force of law enforcement officers willing to provide reconstruction services overseas; and (2) direct the Secretary of Homeland Security to review immigration rules for aliens admitted for permanent residence who wish to participate in return of talent programs in their country of origin. Establishes a U.S. Security Development Fund.

To increase the capabilities of the United States to provide reconstruction assistance to countries or regions impacted by armed conflict, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Care Act of 2006''. SEC. 2. ASSISTANT SECRETARY FOR RURAL VETERANS. Section 308 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' before ``There''; (B) by striking ``six'' and inserting ``seven''; and (C) by striking ``Each'' and inserting the following: ``(2) Each''; (2) by redesignating subsection (c) as paragraph (3) and inserting such paragraph at the end of subsection (a); (3) by inserting after subsection (b) the following new subsection: ``(c)(1) One of the Assistant Secretaries appointed under subsection (a) shall be the Assistant Secretary for Rural Veterans, who, under the direction of the Secretary, shall formulate and implement all policies and procedures of the Department that affect veterans living in rural areas. ``(2) The Assistant Secretary for Rural Veterans, under the direction of the Secretary, shall perform the following functions: ``(A) Except as otherwise expressly provided in this title, carry out the provisions of this title and administer all Department programs for providing care to veterans living in rural areas who are eligible for services authorized under this title. ``(B) Oversee and coordinate personnel and policies of the Veterans Health Administration, the Veterans Benefits Administration, the National Cemetery Administration, and their respective subagencies, including Veterans Integrated Service Networks, to carry out Department programs to the extent such programs affect veterans living in rural areas. ``(C) Oversee, coordinate, promote, and disseminate research into issues affecting veterans living in rural areas in cooperation with the medical, rehabilitation, health services, and cooperative studies research programs, the Office of Policy and the Office of Research and Development of the Veterans Health Administration, and the centers established in section 7329. ``(D) Ensure maximum effectiveness and efficiency in providing services and assistance to eligible veterans under the programs described in subparagraph (A), after consultation with appropriate representatives of the Centers for Medicare and Medicaid Services, the Indian Health Service, and the Office of Rural Health Policy of the Department of Health and Human Services, the Social Security Administration, the Department of Labor, the Department of Agriculture (acting through the Under Secretary for Rural Development), and other Federal, State, and local government agencies. ``(E) Work with all personnel and resources of the Department to develop, refine, and promulgate policies, best practices, lessons learned, and innovative and successful programs to improve care and services for rural veterans. ``(F) Perform such other functions and duties as the Secretary considers appropriate. ``(3) The Secretary shall ensure that the Assistant Secretary for Rural Veterans has the budget, authority, and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems of the Department relating to the care of rural veterans. The Secretary shall identify a Rural Veterans Coordinator in each Veterans Integrated Service Network, who shall report to the Assistant Secretary for Rural Veterans and coordinate the functions authorized under this subsection within such network. ``(4) The Assistant Secretary for Rural Veterans, under the direction of the Secretary, shall supervise the employees of the Department who are responsible for implementing the policies and procedures described in paragraph (1).''; and (4) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``18'' and inserting ``19''; and (ii) by adding at the end the following: ``One of the Deputy Assistant Secretaries appointed under this paragraph shall be the Deputy Assistant Secretary for Rural Veterans, who shall perform such functions as the Assistant Secretary for Rural Veterans prescribes.''; (B) in paragraph (2), by inserting ``or, in the case of the Deputy Assistant Secretary for Rural Veterans, comparable service in a management position in the Armed Forces'' after ``Secretary''. SEC. 3. RESPONSIBILITIES OF ASSISTANT SECRETARY FOR RURAL VETERANS. (a) Demonstration Projects.-- (1) In general.--The Assistant Secretary for Rural Veterans, appointed under section 308 of title 38, United States Code, shall carry out demonstration projects to examine alternatives for expanding care in rural areas, including-- (A) establishing a partnership between the Department of Veterans Affairs and the Centers for Medicare and Medicaid Services of the Department of Health and Human Services to coordinate care for rural veterans conducted at critical access hospitals (as designated or certified under section 1820 of the Social Security Act (42 U.S.C. 1395i-4)); (B) establishing a partnership between the Department of Veterans Affairs and the Department of Health and Human Services to coordinate care for rural veterans conducted at community health centers; (C) expanding the use of fee basis care through which private hospitals, health care facilities, and other third-party providers are reimbursed for providing care closer to the homes of veterans living in rural areas, as authorized under section 7405(a)(2); and (D) expanding coordination between the Department of Veterans Affairs and the Indian Health Service to expand care for Native American veterans. (2) Geographic distribution.--The Assistant Secretary for Rural Veterans shall ensure that the demonstration projects authorized under paragraph (1) are located at facilities that are geographically distributed throughout the United States. (3) Report.--Not later than two years after the date of enactment of this Act, the Assistant Secretary for Rural Veterans shall submit a report on the results of the demonstration projects conducted under paragraph (1) to-- (A) the Committee on Veterans Affairs of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Veterans Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (b) Policy Revisions.--Not later than one year after the date of enactment of this Act, the Assistant Secretary for Rural Veterans shall-- (1) reevaluate directives 5005 and 5007 of the Department of Veterans Affairs and other guidance and procedures related to the use of fee basis care nationwide; and (2) revise established policies to-- (A) provide stronger guidance to units of the Department of Veterans Affairs; and (B) strengthen the use of fee basis care to extend health care services to rural and remote rural areas. (c) Reports to Congress.--The Secretary of Veterans Affairs shall submit to Congress, in conjunction with the documents submitted in support of the President's budget for each fiscal year, an assessment of the implementation during the most recently completed fiscal year of the provisions of this Act and the amendments made by this Act. SEC. 4. PILOT PROGRAM ON ENHANCED ACCESS TO HEALTH CARE FOR VETERANS IN HIGHLY RURAL AND GEOGRAPHICALLY REMOTE AREAS. (a) Pilot Program.-- (1) In general.--The Secretary of Veterans Affairs shall conduct a pilot program to evaluate the feasability and advisability of utilizing various means to improve the access of veterans who reside in highly rural or geographically remote areas to health care services referred to in subsection (d). (2) Provision of services under pilot program.--In conducting the pilot program, the Secretary shall provide health care services referred to in subsection (d) to eligible veterans who reside in highly rural or geographically remote areas in the geographic service regions selected for purposes of the pilot program utilizing the contract authority of the Secretary under section 1703 of title 38, United States Code, and such other authorities available to the Secretary as the Secretary considers appropriate for purposes of the pilot program. (b) Eligible Veterans.--A veteran is an eligible veteran for purposes of this section if the veteran-- (1) has a service-connected disability; or (2) is enrolled in the veterans health care system under section 1705 of title 38, United States Code. (c) Highly Rural or Geographically Remote Areas.--An eligible veteran resides in a highly rural or geographically remote area for purposes of this section if the veteran-- (1) resides in a location that is more than 60 miles driving distance from the nearest Department of Veterans Affairs health care facility; or (2) in the case of an eligible veteran who resides in a location that is less than 60 miles driving distance from such a facility, experiences such hardship or other difficulties (as determined pursuant to regulations prescribed by the Secretary for purposes of this section) in travel to the nearest Department of Veterans Affairs health care facility that such travel is not in the best interests of the veteran. (d) Health Care Services.--The health care services referred to in this section are-- (1) acute or chronic symptom management; (2) nontherapeutic medical services; and (3) any other medical services jointly determined appropriate for an eligible veteran for purposes of this section by the physician of the department responsible for primary care of such eligible veteran and the director of the Veterans Integrated Service Network concerned. (e) Areas for Conduct of Pilot Program.-- (1) In general.--The pilot program shall be conducted in 3 of the geographic service regions of the Veterans Health Administration (referred to as Veterans Integrated Service Networks) selected by the Secretary for purposes of the pilot program. (2) Selection.--In selecting geographic service regions for the purposes of the pilot program, the Secretary, based on the recommendations of the Assistant Secretary for Rural Veterans, shall select from among the Veterans Integrated Service Networks that have a substantial population of veterans who reside in highly rural or geographically remote areas. (f) Period of Pilot Program.--The pilot program shall be conducted during fiscal years 2007, 2008, and 2009. (g) Funding for Pilot Program.-- (1) In general.--For each fiscal year during which the pilot program is conducted, the Secretary shall allocate for the pilot program an amount equal to 0.9 percent of the total amount appropriated for such fiscal year for medical services. (2) Timing of allocation.--The allocation under paragraph (1) for a fiscal year shall be made before any other allocation of funds for medical care is made for such fiscal year, and any remaining allocation of funds for medical care for such fiscal year shall be made without regard to the allocation under subsection (a) in such fiscal year. (h) Report to Congress.--Not later than February 1, 2009, the Secretary shall submit to Congress a report on the pilot program. The Secretary shall include in the report such recommendations as the Secretary considers appropriate concerning extension of the pilot program or other means to improve the access of veterans who reside in highly rural or geographically remote areas to health care services referred to in subsection (d). SEC. 5. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT AT FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 111 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``subsistence),'' and inserting ``subsistence at a rate equivalent to the rate provided to Federal employees under section 5702 of title 5),''; and (B) by striking ``traveled,'' and inserting ``(at a rate equivalent to the rate provided to Federal employees under section 5704 of title 5),''; (2) by striking subsection (g); and (3) by redesignating subsection (h) as subsection (g). SEC. 6. CENTERS FOR RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7329. Centers for rural health research, education, and clinical activities ``(a) Establishment of Centers.--The Assistant Secretary for Rural Veterans shall establish and operate not less than one and not more than five centers of excellence for rural health research, education, and clinical activities, which shall-- ``(1) conduct research on rural health services; ``(2) allow the Department to use specific models for furnishing services to treat rural veterans; ``(3) provide education and training for health care professionals of the Department; and ``(4) develop and implement innovative clinical activities and systems of care for the Department. ``(b) Geographic Dispersion.--The Assistant Secretary for Rural Veterans shall ensure that the centers authorized under paragraph (1) are located at health care facilities that are geographically dispersed throughout the United States. ``(c) Selection Criteria.--The Assistant Secretary for Rural Veterans may not designate a health care facility as a location for a center under this section unless-- ``(1) the peer review panel established under subsection (d) determines that the proposal submitted by such facility meets the highest competitive standards of scientific and clinical merit; and ``(2) the Assistant Secretary for Rural Veterans determines that the facility has, or may reasonably be anticipated to develop-- ``(A) an arrangement with an accredited medical school to provide residents with education and training in care for rural veterans; ``(B) the ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts; ``(C) a policymaking advisory committee, composed of appropriate health care and research representatives of the facility and of the affiliated school or schools, to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center; and ``(D) the capability to effectively conduct evaluations of the activities of such center. ``(d) Panel To Evaluate Proposals.--(1) The Assistant Secretary for Rural Veterans shall establish a panel to-- ``(A) evaluate the scientific and clinical merit of proposals submitted to establish centers under this section; and ``(B) provide advice to the Assistant Secretary for Rural Veterans regarding the implementation of this section. ``(2) The panel shall review each proposal received from the Assistant Secretary for Rural Veterans and shall submit its views on the relative scientific and clinical merit of each such proposal to the Assistant Secretary. ``(3) The panel established under paragraph (1) shall be comprised of experts in the fields of public health research, education, and clinical care. ``(4) Members of the panel shall serve as consultants to the Department for a period not to exceed two years. ``(5) The panel shall not be subject to the Federal Advisory Committee Act. ``(e) Funding.--(1) There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). ``(2) The Assistant Secretary for Rural Veterans shall allocate such amounts as the Under Secretary for Health determines to be appropriate to the centers established pursuant to subsection (a) from funds appropriated for the Medical Care Account and the Medical and Prosthetics Research Account. ``(3) Activities of clinical and scientific investigation at each center established under subsection (a)-- ``(A) shall be eligible to compete for the award of funding from funds appropriated for the Medical and Prosthetics Research Account; and ``(B) shall receive priority in the award of funding from such account to the extent that funds are awarded to projects for research in the care of rural veterans.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of title 38, United States Code, is amended by inserting after the item relating to section 7328 the following new item: ``7329. Centers for rural health research, education, and clinical activities.''.

Rural Veterans Care Act of 2006 - Establishes the Assistant Secretary for Rural Affairs in the Department of Veterans Affairs to: (1) formulate and implement all Department policies and procedures that affect veterans living in rural areas; (2) carry out demonstration projects to examine alternatives for expanding veterans' care in rural areas; (3) reevaluate, and revise as necessary, Department guidance and procedures related to the use of fee basis care nationwide; and (4) establish and operate at least one and up to five centers of excellence for rural health research, education, and clinical activities. Directs the Secretary to conduct a pilot program for improving the access of veterans who reside in highly rural or geographically remote areas to certain health care services.

A bill to amend title 38, United States Code, to establish an Assistant Secretary for Rural Veterans in the Department of Veterans Affairs, to improve the care provided to veterans living in rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wire Transfer Fairness and Disclosure Act of 2001''. SEC. 2. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL MONEY TRANSFERS. (a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (2) by inserting after section 917 the following new section: ``SEC. 918. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL MONEY TRANSFERS. ``(a) Definitions.-- ``(1) International money transfer.--The term `international money transfer' means any money transmitting service involving an international transaction which is provided by a financial institution or a money transmitting business. ``(2) Money transmitting service.--The term `money transmitting service' has the meaning given to such term in section 5330(d)(2) of title 31, United States Code. ``(3) Money transmitting business.--The term `money transmitting business' means any business which-- (A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, and other similar instruments; and (B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). ``(b) Exchange Rate and Fees Disclosures Required.-- ``(1) In general.--Any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) shall provide the following disclosures in the manner required under this section: ``(A) The exchange rate used by the financial institution or money transmitting business in connection with such transaction. ``(B) The exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction, as of the close of business on the business day immediately preceding the date of the transaction (or the official exchange rate, if any, of the government or central bank of such foreign country). ``(C) All commissions and fees charged by the financial institution or money transmitting business in connection with such transaction. ``(D) The exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated and printed on the receipt referred to in paragraph (3). ``(2) Prominent disclosure inside and outside the place of business where an international money transfer is initiated.-- The information required to be disclosed under subparagraphs (A)(B) and (C) of paragraph (1) shall be prominently displayed on the premises of the financial institution or money transmitting business both at the interior location to which the public is admitted for purposes of initiating an international money transfer and on the exterior of any such premises. ``(3) Prominent disclosure in all receipts and forms used in the place of business where an international money transfer is initiated.--The information required to be disclosed under paragraph (1) shall be prominently displayed on all forms and receipts used by the financial institution or money transmitting business when initiating an international money transfer in such premises. ``(c) Advertisements in Print, Broadcast, and Electronic Media and Outdoor Advertising.--The information required to be disclosed under subparagraphs (A) and (C) of subsection (b)(1) shall be included-- ``(1) in any advertisement, announcements, or solicitation which is mailed by the financial institution or money transmitting business and pertains to international money transfer; or ``(2) in any print, broadcast, or electronic medium or outdoor advertising display not on the premises of the financial institution or money transmitting business and pertaining to international money transfer. ``(d) Disclosures in Languages Other Than English.--The disclosures required under this section shall be in English and in the same language as that principally used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at that office if other than English.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect at the end of the 3-month period beginning on the date of the enactment of this Act.

Wire Transfer Fairness and Disclosure Act of 2001 - Amends the Electronic Fund Transfer Act to require a financial institution or money transmitting business initiating an international money transfer on behalf of a consumer to disclose prominently on its premises and on its forms and receipts: (1) the exchange rate used in the transaction; (2) the exchange rate prevailing at a major financial center of the pertinent foreign country as of close of business on the business day immediately preceding the transaction date; (3) all commissions and fees charged in such transaction; and (4) the exact amount of foreign currency to be received by the consumer in the foreign country.Requires such information to be: (1) included in print, broadcast, and electronic advertisements; and (2) in English and in the same language as principally used by the institution or money transmitting business to advertise, solicit, or negotiate at that office if other than English.

To amend the Electronic Fund Transfer Act to require additional disclosures relating to exchange rates in transfers involving international transactions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Relief Act''. SEC. 2. EXPANSION OF EXCLUSION FOR DEPENDENT CARE ASSISTANCE PROGRAMS. (a) Expansion.-- (1) In general.--Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``shall not exceed $5,000 ($2,500 in the case of a separate return by a married individual).'' and inserting ``shall not exceed-- ``(i) except as provided in clause (ii), $10,500, and ``(ii) in the case of a separate return by a married individual, \1/2\ the amount in effect under clause (i).''. (2) Inflation adjustment.--Paragraph (2) of section 129(a) of such Code is amended by adding at the end the following new subparagraph: ``(D) Adjustment for inflation.--In the case of taxable years beginning after December 31, 2017, the $10,500 amount under subparagraph (A)(i) 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 2016' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2016. SEC. 3. ALLOWANCE OF CREDIT FOR SMALL EMPLOYER DEPENDENT CARE ASSISTANCE PROGRAM START-UP COSTS. (a) In General.--Section 45E of the Internal Revenue Code of 1986 is amended-- (1) by striking ``pension plan'' in subsection (a) and inserting ``employee benefit'', and (2) by adding at the end the following new subsection: ``(f) Application to Dependent Care Assistance Programs.--For purposes of this section-- ``(1) an dependent care assistance program of an eligible employer which meets the requirements of section 129(d) shall be treated as an eligible employer plan, and ``(2) this section (including the limitation under subsection (b)) shall be applied separately with respect to any such dependent care assistance program of the eligible employer and other eligible employer plans of such eligible employer.''. (b) Conforming Amendments.-- (1) Section 38(b)(14) of the Internal Revenue Code of 1986 is amended by striking ``pension plan'' and inserting ``employee benefit''. (2) The heading for section 45E of such Code is amended by striking ``pension plan'' and inserting ``employee benefit''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking ``pension plan'' in the item relating to section 45E and inserting ``employee benefit''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2016, with respect to dependent care assistance programs first effective after such date. SEC. 4. CREDIT FOR MATCHING DEPENDENT CARE ASSISTANCE PROGRAM CONTRIBUTIONS BY EMPLOYERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section: ``SEC. 45S. CREDIT FOR EMPLOYER DEPENDENT CARE ASSISTANCE PROGRAM MATCHING CONTRIBUTIONS. ``(a) In General.--For purposes of section 38, the employer dependent care assistance matching contribution credit determined under this section for any taxable year is an amount equal to the lesser of-- ``(1) the amount of contributions made by the employer with respect to employees to a dependent care assistance program that meets the requirements of section 129(d), or ``(2) the amount of contributions to such dependent care assistance program elected by such employees under a cafeteria plan of the employer to which section 125 applies. ``(b) Limitation.--The credit allowed under subsection (a) for any taxable year with respect to any employee shall not exceed $1,000. ``(c) Definitions.--Any term used in this section which is used in section 129 shall have the meaning given such term under section 129.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the employer dependent care assistance matching contribution credit determined under section 45S(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Credit for employer dependent care assistance program matching contributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Working Families Relief Act This bill amends the Internal Revenue Code to increase and expand tax incentives for employer-provided dependent care assistance. The bill increases the limit on the amount excludible from the gross income of an employee for employer-provided dependent care assistance and requires annual inflation adjustments to such increased limit after 2017. The bill also establishes tax credits for: (1) small employer dependent care assistance program start-up costs, and (2) employer matching contributions for dependent care assistance programs.

Working Families Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunlight Act of 2006''. SEC. 2. PRECERTIFICATION OF TRAVEL BY COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. Clause 5 of rule XXV of the Rules of the House of Representatives is amended by inserting after paragraph (d) the following new paragraph: ``(d)(1) Before a Member, Delegate, Resident Commissioner, officer, or employee of the House may take a privately-funded trip, that individual shall-- ``(A) provide the estimated cost of the trip, the entity paying for the trip, the purpose of the trip, the modes of transportation, accommodations, number of meals on the trip, and the proposed itinerary to the Committee on Standards of Official Conduct; and ``(B) agree to provide to the Committee on Standards of Official Conduct within 5 calendar days after the trip is completed the expenses reimbursed or to be reimbursed and any changes from the information provided under subdivision (A). The information shall be made available on the public website of the committee in a searchable and sortable manner. ``(2) A Member, Delegate, Resident Commissioner, officer, or employee of the House may not take a privately-funded trip unless the Committee makes a determination that the proposed trip (including the itinerary and estimated expenses) complies with all applicable rules of the House, based on the information submitted under subparagraph (1).''. SEC. 3. DOLLAR AMOUNTS REQUIRED FOR ANNUAL FINANCIAL DISCLOSURE STATEMENTS. (a) Financial Disclosures.--Section 102(d) of the Ethics in Government Act of 1978 is amended by adding at the end the following new paragraph: ``(3) Notwithstanding any other provision of this Act, in the case of reports of Members of Congress and officers and employees of Congress filed pursuant to sections 101(d) and (e), references to the categories for reporting the amount or value of the items covered in paragraphs (3), (4), (5), and (8) of subsection (a) shall be deemed to be exact dollar amounts.''. (b) Availability of Reports on the Internet.--Section 103 of the Ethics in Government Act of 1978 is amended by adding at the end the following new subsection: ``(l) A copy of each report filed under this title with the Clerk of the House of Representatives or the Secretary of the Senate shall be made available as soon as practicable to the general public on the Internet in a format that is searchable and sortable.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to reports filed for calendar years beginning after the date of enactment of this Act. SEC. 4. PUBLIC DISPLAY OF THE SUBJECT MATTER OF DEBATES. Clause 2 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(l) During general debate on any measure, the Clerk shall project on a wall of the Hall of the House the subject matter of that debate so that it is visible to Members and to visitors in the gallery.''. SEC. 5. AVAILABILITY OF BILLS, CONFERENCE REPORTS, AND AMENDMENTS ON THE INTERNET BEFORE VOTING. Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``7. It shall not be in order to consider any bill or joint resolution, or conference report thereon, or amendment thereto, unless-- ``(1) in the case of a bill, joint resolution, or conference report, such measure is made available to Members and the general public on the Internet for at least 48 hours before its consideration; or ``(2)(A) in the case of an amendment made in order by a rule, it is made available to Members and the general public on the Internet within one hour after the rule is filed; or ``(B) in the case of an amendment under an open rule, it is made available to Members and the general public on the Internet immediately after being offered; in a format that is searchable and sortable.''. SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing for All Reports.-- (1) In general.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended-- (A) in subparagraph (A), by striking ``a person required to file--'' and all that follows and inserting the following: ``each person required to file a report under this Act shall be required to maintain and file such report in electronic form accessible by computers.''; (B) in subparagraph (C), by striking ``designations, statements, and reports'' and inserting ``documents''; and (C) in subparagraph (D), by striking ``means, with respect to'' and all that follows and inserting the following: ``means any report, designation, statement, or notification required by this Act to be filed with the Commission or the Secretary of the Senate.''. (2) Placement of all reports on internet.--Section 304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended-- (A) by striking ``a designation, statement, report, or notification'' and inserting ``each report''; and (B) by striking ``the designation, statement, report, or notification'' and inserting ``the report''. (3) Searchable and sortable manner of information.--Section 304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended by inserting ``in a format that is searchable and sortable'' after ``Internet''. (4) Software for filing of all reports.--Section 304(a)(12) of such Act (2 U.S.C 434a(a)(12)) is amended-- (A) in subparagraph (A)(ii), by striking ``each person required to file a designation, statement, or report in electronic form'' and inserting ``each person required to file a report (as defined in paragraph (11)(D))''; and (B) in subparagraph (B), by striking ``any designation, statement, or report'' and inserting ``any report (as defined in paragraph (11)(D))''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 30 Days of Election; Requiring Reports To Be Made Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended to read as follows: ``(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 30th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports for periods beginning on or after January 1, 2007.

Sunlight Act of 2006 - Amends rule XXV (Limitations on Outside Earned Income and Acceptance of Gifts) of the Rules of the House of Representatives to require a Member of the House, officer, or employee, before taking a privately-funded trip, to: (1) provide certain travel-related information to the Committee on Standards of Official Conduct, and agree to provide expenses reimbursed or to be reimbursed after the trip's completion; and (2) receive the Committee's precertification of such proposed trip. Prohibits any such privately-funded trip unless the Committee determines that it complies with all applicable rules of the House. Amends the Ethics in Government Act of 1978 to require annual financial disclosure statements of Members of Congress and congressional officers and employees to include the exact dollar amount. Requires such reports filed with the Clerk of the House or the Secretary of the Senate (as well as travel-related information) to be made available to the general public on the Internet. Amends rule II (Other Officers and Officials) to require, during general debate on any measure, the Clerk to project on a wall of the Hall of the House the subject matter of that debate so that it is visible to Members and to visitors in the gallery. Amends rule XXI (Restrictions on Certain Bills) to make it out of order to consider: (1) any bill, joint resolution, or conference report unless it is made available to Members and the general public on the Internet for at least 48 hours before its consideration; or (2) any amendment unless it is made available on the Internet within one hour after it is filed (if made in order by a rule) or immediately (if offered under an open rule). Amends the Federal Election Campaign Act of 1971 to require all mandatory reports to be filed in an electronic form accessible by computers. Revises requirements for mandatory reports on contributions made to any political committee shortly before an election. Extends from 20 days before to 30 days before the election the beginning of the look-back period for such contributions, and from 48 hours before the election to the closing of the polls the end of the look-back period. Applies the requirements to any contribution (currently, only those of $1,000 or more). Requires such reports to be made within 24 hours after receipt or, if earlier, by midnight of the day on which the contribution is deposited (currently, within 48 hours after reciept).

To amend the Ethics in Government Act of 1978 and the Rules of the House of Representatives to strengthen financial disclosures and to require precertification of privately-funded travel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``January 8\th\ National Memorial Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The tragedy of January 8, 2011, at Congresswoman Gabrielle Gifford's ``Congress on Your Corner'' event resulted in the deaths of 6 people (Christina-Taylor Green, Dorothy Morris, U.S. District Court Judge John Roll, Phyllis Schneck, Dorwan Stoddard, and Gabe Zimmerman) and injury of 13 others (Congresswoman Giffords, Bill Badger, Ron Barber, Kenneth Dorushka, James Eric Fuller, Randy Gardner, Susan Hileman, George Morris, Mary Reed, Pam Simon, Mavanell Stoddard, Jim Tucker, and Kenneth Veeder). (2) This was the first time in the history of the United States that an assassination attempt was made upon a Congressional Member while she was meeting with constituents. (3) Congresswoman Giffords sustained severe injuries that affect her to this day. (4) Gabe Zimmerman was the first Congressional staffer to be assassinated in the line of duty. (5) The Arizona community and people from all over the world came together in the days that followed the tragedy to provide comfort and support to one another at three spontaneous memorial vigil sites-- (A) the shopping center where the shooting took place; (B) the front lawn of University Medical Center, where many of the victims were treated; and (C) at Congresswoman Giffords' Tucson district office. (6) Tucson's January 8th Memorial will not only be a tribute to those who died that day, but also to the local, national, and international response to the tragedy. (7) The memorial will be constructed, managed, and maintained to be a place where visitors, young and old, can learn not only about one horrific event, but about the resilience of a community and the durability of democracy in the United States. SEC. 3. JANUARY 8\TH\ NATIONAL MEMORIAL. (a) Definitions.-- (1) Memorial.--The term ``Memorial'' means the January 8\th\ National Memorial. (2) Foundation.--The term ``Foundation'' means the Tucson's January 8\th\ Memorial Foundation, an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (3) Map.--The term ``map'' means the map entitled ``January 8 Memorial Site Map'', numbered JAN8M 001, and dated January 2016. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) January 8\th\ National Memorial.-- (1) Establishment.--As soon as practicable after the Secretary determines that the Foundation has complied with paragraph (2), the Secretary shall establish the Memorial as an affiliated area of the National Park System. (2) Trust fund.--The Memorial shall not be established before the date on which the Secretary certifies in a written report submitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that the Foundation has established a trust fund for the purposes of-- (A) receiving donations submitted to the Foundation; and (B) providing for the construction, operation, maintenance, and management of the Memorial. (3) Description.--The Memorial shall consist of the area generally depicted as the ``Memorial Boundary'' on the map. (4) Management entity.--The Foundation shall-- (A) be the management entity for the Memorial; and (B) be responsible for the construction, operation, maintenance, and management of the Memorial. (5) Administration.--The Memorial shall cease to be an affiliated area of the National Park System if the Foundation-- (A) fails to manage the Memorial in accordance with this Act and all laws generally applicable to units of the National Park System; or (B) ceases to maintain the trust fund required to be established under paragraph (2). (6) Availability of map.--The map shall be on file and available for public inspection at the appropriate offices of the National Park Service. (7) Cooperative agreements.--The Secretary may provide technical assistance and enter into cooperative agreements with the Foundation for the purpose of providing financial assistance with marketing of the Memorial. (8) Limited role of the secretary.--Nothing in this Act authorizes the Secretary to acquire property or to use Federal funds for the construction, operation, maintenance, or management of the Memorial. (9) General management plan.-- (A) In general.--The Secretary, in consultation with the Foundation, shall develop a general management plan for the Memorial. The plan shall be prepared in accordance with section 100502 of title 54, United States Code. (B) Transmittal.--Not later than 3 years after the date that funds are first made available for this Act or the Memorial is established by the Secretary, whichever date is later, the Secretary shall provide a copy of the completed general management plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

January 8th National Memorial Act This bill directs the Department of the Interior to establish the January 8th National Memorial in Tucson, Arizona, as an affiliated area of the National Park System in commemoration of the shooting of Congresswoman Gabrielle Giffords and 18 others in Tuscon on January 8, 2011. The memorial shall not be established until Interior certifies that Tucson's January 8th Memorial Foundation, which shall be the management entity for the memorial, has established a trust fund to receive donations and provide for the construction, operation, maintenance, and management of the memorial. Interior shall develop a general management plan for the memorial.

January 8th National Memorial Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014''. SEC. 2. IMPROVEMENT OF PERFORMANCE APPRAISAL OF SENIOR EXECUTIVES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Performance Appraisal System.-- (1) In general.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 713. Senior Executive Service: performance appraisal ``(a) Performance Appraisal System.--The Secretary shall be responsible for carrying out the requirements of subchapter II of chapter 43 of title 5. ``(b) Organizational Performance Requirements.--(1) In implementing the performance appraisal system for senior executives of the Department required by section 4312 of title 5, the Secretary shall issue, by not later than September 1 of each year, organizational performance requirements to be used to inform the establishment of performance requirements for each senior executive of the Department. The performance requirements of each senior executive shall be achievable by each senior executive and shall be consistent with the organizational performance requirements issued by the Secretary. ``(2) Not less than half of the annual summary rating of a senior executive of the Department under section 4314 of title 5 shall be based on the organizational performance requirements issued under this subsection and applicable to such senior executive. ``(3) Not later than December 15 of each year, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives certification that for the fiscal year during which the certification is submitted that-- ``(A) all individual and organizational performance requirements applicable to senior executives of the Department pursuant to section 4312 of title 5 accurately reflected the organizational performance requirements of the Department; and ``(B) the performance requirements established for each senior executive are expected to lead to the overall success of the Department in meeting its organizational performance requirements. ``(c) Additional Requirements.--(1) In implementing the performance appraisal system for senior executives of the Department required by section 4312 of title 5, the Secretary shall ensure that such system is designed to-- ``(A) evaluate the contribution of each senior executive to the overall mission and objectives of the Department; ``(B) ensure that each senior executive is accountable for efforts undertaken to further the objectives of the Departments; and ``(C) evaluate the contribution of each senior executive in ensuring the Department meets the needs of veterans and their dependants. ``(2)(A) The performance review board established pursuant to section 4314 of title 5 shall ensure that-- ``(i) the performance requirements for each senior executive of the Department clearly and distinctly address both individual and organizational performance; and ``(ii) the performance of each senior executive is evaluated based on such performance requirements together with the demonstrated accountability, executive, and leadership capabilities of the senior executive. ``(B) In evaluating the performance of a senior executive of the Department, the performance review board shall take into consideration each of the following: ``(i) Any deficiencies identified by the Inspector General of the Department or the Comptroller General of the United States in the performance of duties or areas managed by the senior executive. ``(ii) Any final determination in response to a formal complaint submitted regarding the performance of the senior executive or a deficiency in a program under the direction of the senior executive. ``(iii) The findings of any final report relating to the performance of the senior executive or to a deficiency in a program under the direction of the senior executive. ``(d) Annual Summary Ratings.--(1) The Secretary shall provide in a timely manner to any senior executive who receives an annual summary rating under section 4314(a) of title 5 of any level of performance lower than fully successful a detailed explanation of the performance deficiencies of the senior executive. ``(2) In the case of a senior executive for whom it is determined during a mid-year review that the senior executive is likely to receive an annual summary rating of less than fully successful, the Secretary shall ensure that senior executive is provided a plan to address performance deficiencies before the end of the evaluation period. ``(3) Any senior executive of the Department who receives two annual summary ratings of any level of performance lower than fully successful shall be removed from the Senior Executive Service. ``(4) Any senior executive who receives three consecutive annual summary ratings of the highest level of performance shall be provided with an opportunity to obtain a different position within the Department with more responsibility, if such a position is available. ``(e) Annual Reports.--Not later than January 1 of each year, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the senior executive performance appraisal system of the Department for the fiscal year preceding the fiscal year during which the report is submitted. Each such report shall include, for the year covered by the report, each of the following: ``(1) The number of senior executives who received summary ratings. ``(2) The number of senior executives who received a summary rating at each level of performance. ``(3) Any actions taken with respect to senior executives who received ratings at a level of performance lower than fully successful. ``(4) The number of initial annual summary ratings that were raised or lowered by the performance review board.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Senior Executive Service: performance appraisal.''. (b) Performance Pay for Physicians and Dentists.--Section 7431 of title 38, United States Code, is amended-- (1) in subsection (b)(3), by inserting after ``dentist'' the following: ``who received a fully successful level of performance at the physician or dentist's most recent performance appraisal''; (2) in subsection (c)-- (A) in paragraph (2)-- (i) by inserting ``(A)'' before ``Market pay''; and (ii) by adding at the end the following new subparagraph: ``(B) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a semi-annual report on health care trends, including anticipated shortages of health care professionals by specific specialty and location, which shall be used in determining the recruitment and retention needs of the Department for purposes of this subsection. The Secretary may not provide market pay to a physician or dentist under this subsection unless the payment of market pay to the physician or dentist meets a specialty or location need of the Department as articulated in a report submitted under this subparagraph.''. (B) in paragraph (4)(B)-- (i) in clause (i), by striking the last sentence; and (ii) in clause (iii), by striking ``should, to the extent practicable,'' and inserting ``shall''; and (3) in subsection (d)-- (A) in paragraph (1)-- (i) by inserting ``(A)'' before ``One element''; and (ii) by adding at the end the following: ``The Secretary shall establish a performance appraisal system for physicians and dentists. The performance appraisal system shall provide for annual summary ratings of levels of performance as follows:'' ``(A) one or more fully successful levels; ``(B) a minimally satisfactory level; and ``(C) an unsatisfactory level.''; (iii) by inserting after subparagraph (A) the following new subparagraph: ``(B) Under the performance appraisal system under subparagraph (A), performance shall be evaluated based on both individual and organizational performance and specific goals or objectives shall be explicitly linked to improved health care outcomes and quality as well as the Department's overall effectiveness in providing quality health care services. The specific goals and objectives shall be consistent with the overarching objectives and goals of the Department. ``(C) Under such performance appraisal system, each physician and dentist employed by the Department shall receive an annual review by the Under Secretary of Health. For each year, the Under Secretary shall submit to the Secretary certification that such reviews are conducted.''; (B) by striking paragraph (3) and redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) Under the performance appraisal system established under paragraph (1)-- ``(A) on or before the beginning of each rating period, performance requirements for each physician or dentist shall be established in consultation with, and communicated to, each physician or dentist; ``(B) written appraisals of performance shall be based on the individual and organizational performance requirements established for the rating period involved; and ``(C) each physician or dentist shall be provided a copy of the appraisal and the physician or dentist's performance appraisal rating and shall be given an opportunity to respond in writing and have the rating reviewed by the Under Secretary for Health before the rating becomes final.''; (D) in paragraph (3), as redesignated by subparagraph (B)-- (i) by inserting ``only'' after ``paid''; and (ii) by striking ``on the basis'' and inserting ``who receives a level of performance of fully successful under the performance appraisal system established under paragraph (1) and whose performance exceeds the specific goals and performance objectives established under such system.''; (E) in paragraph (4), by striking ``paragraph (2)'' and inserting ``this subsection''; (F) in paragraph (5)(B), by striking ``7.5 percent'' and inserting ``5 percent''; and (G) by striking paragraph (6); and (4) by adding at the end the following new subsection: ``(i) Failure To Maintain a License.--A physician or dentist who has not maintained an appropriate professional license may not be paid.''. (c) Study.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the training program of the Department of Veterans Affairs for senior executives. Such report shall include-- (1) an evaluation of succession planning and long-term career development plans for senior executives and efforts undertaken by the Department to improve cross-Department opportunities for senior executives; and (2) the recommendations of the Secretary for improving the mobility and effectiveness of senior executives.

Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014 - Directs the Secretary of Veterans Affairs, in implementing the federal performance appraisal system for senior executives of the Department of Veterans Affairs (VA), to annually issue the organizational performance requirements to be achieved by each executive. Requires at least half of the annual rating of each executive to be based on such requirements. Directs the Secretary to certify to the congressional veterans committees, annually, that such requirements are being utilized and that each executive's rating accurately reflects use of such requirements. Provides additional implementation requirements. Directs the Secretary to provide a detailed explanation to any executive who receives an annual rating lower than fully successful. Requires each executive who receives: (1) two annual ratings of less than fully successful to be removed from the Senior Executive Service; or (2) three consecutive ratings of the highest performance level to be given an opportunity to obtain a different position within the VA with more responsibility, if such a position is available. Requires the Secretary to report annually on the VA's senior executive performance appraisal system. Allows VA physician and dentist performance pay only to those who received a fully successful level of performance in their most recent appraisal. Directs the Secretary to report semiannually on health care trends to be used in determining VA physician and dentist recruitment and retention needs. Requires: (1) the establishment of a performance appraisal system for VA physicians and dentists; and (2) their performance to be evaluated based on goals and objectives specifically linked to improved health care outcomes and quality, as well as overall effectiveness in providing quality health care services. Requires each VA physician or dentist be provided a copy of his or her annual rating under the system, as well as an opportunity to respond and have the rating reviewed by the VA's Under Secretary for Health. Prohibits a VA physician or dentist who has not maintained an appropriate professional license from being paid. Directs the Secretary to report on the VA training program for senior executives.

Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Semitism Awareness Act of 2018''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Title VI of the Civil Rights Act of 1964 (referred to in the section as ``title VI'') is one of the principal antidiscrimination statutes enforced by the Department of Education's Office for Civil Rights. (2) Title VI prohibits discrimination on the basis of race, color, or national origin. (3) Both the Department of Justice and the Department of Education have properly concluded that title VI prohibits discrimination against Jews, Muslims, Sikhs, and members of other religious groups when the discrimination is based on the group's actual or perceived shared ancestry or ethnic characteristics or when the discrimination is based on actual or perceived citizenship or residence in a country whose residents share a dominant religion or a distinct religious identity. (4) A September 8, 2010, letter from Assistant Attorney General Thomas E. Perez to Assistant Secretary for Civil Rights Russlynn H. Ali stated that ``[a]lthough Title VI does not prohibit discrimination on the basis of religion, discrimination against Jews, Muslims, Sikhs, and members of other groups violates Title VI when that discrimination is based on the group's actual or perceived shared ancestry or ethnic characteristics''. (5) To assist State and local educational agencies and schools in their efforts to comply with Federal law, the Department of Education periodically issues Dear Colleague letters. On a number of occasions, these letters set forth the Department of Education's interpretation of the statutory and regulatory obligations of schools under title VI. (6) On September 13, 2004, the Department of Education issued a Dear Colleague letter regarding the obligations of schools (including colleges) under title VI to address incidents involving religious discrimination. The 2004 letter specifically notes that ``since the attacks of September 11, 2001, OCR has received complaints of race or national origin harassment commingled with aspects of religious discrimination against Arab Muslim, Sikh, and Jewish students.''. (7) An October 26, 2010, Dear Colleague letter issued by the Department of Education stated, ``While Title VI does not cover discrimination based solely on religion, groups that face discrimination on the basis of actual or perceived shared ancestry or ethnic characteristics may not be denied protection under Title VI on the ground that they also share a common faith. These principles apply not just to Jewish students, but also to students from any discrete religious group that shares, or is perceived to share, ancestry or ethnic characteristics (e.g., Muslims or Sikhs).''. (8) Anti-Semitism, and harassment on the basis of actual or perceived shared ancestry or ethnic characteristics with a religious group, remains a persistent, disturbing problem in elementary and secondary schools and on college campuses. (9) Students from a range of diverse backgrounds, including Jewish, Arab Muslim, and Sikh students, are being threatened, harassed, or intimidated in their schools (including on their campuses) on the basis of their shared ancestry or ethnic characteristics including through harassing conduct that creates a hostile environment so severe, pervasive, or persistent so as to interfere with or limit some students' ability to participate in or benefit from the services, activities, or opportunities offered by schools. (10) The 2010 Dear Colleague letter cautioned schools that they ``must take prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile environment, and its effects, and prevent the harassment from recurring,'' but did not provide guidance on current manifestations of anti-Semitism, including discriminatory anti- Semitic conduct that is couched as anti-Israel or anti-Zionist. (11) The definition and examples referred to in paragraphs (1) and (2) of section 3 have been valuable tools to help identify contemporary manifestations of anti-Semitism, and include useful examples of discriminatory anti-Israel conduct that crosses the line into anti-Semitism. (12) Awareness of this definition of anti-Semitism will increase understanding of the parameters of contemporary anti- Jewish conduct and will assist the Department of Education in determining whether an investigation of anti-Semitism under title VI is warranted. SEC. 3. DEFINITIONS. For purposes of this Act, the term ``definition of anti- Semitism''-- (1) includes the definition of anti-Semitism set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010; and (2) includes the examples set forth under the headings ``Contemporary Examples of Anti-Semitism'' and ``What is Anti- Semitism Relative to Israel?'' of the Fact Sheet. SEC. 4. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. In reviewing, investigating, or deciding whether there has been a violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, color, or national origin, based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, the Department of Education shall take into consideration the definition of anti-Semitism as part of the Department's assessment of whether the practice was motivated by anti- Semitic intent. SEC. 5. ADMINISTRATION. The Assistant Secretary for Civil Rights shall administer and enforce title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in a manner that is consistent with the manner of administration and enforcement described in the Dear Colleague letter issued on September 13, 2004, by the Deputy Assistant Secretary for Enforcement of the Department of Education, entitled ``Title VI and Title IX Religious Discrimination in Schools and Colleges''. SEC. 6. OTHER RULES OF CONSTRUCTION. (a) General Rule of Construction.--Nothing in this Act shall be construed-- (1) to expand the authority of the Secretary of Education; (2) to alter the standards pursuant to which the Department of Education makes a determination that harassing conduct amounts to actionable discrimination; or (3) to diminish or infringe upon the rights protected under any other provision of law that is in effect as of the date of enactment of this Act. (b) Constitutional Protections.--Nothing in this Act shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States.

Anti-Semitism Awareness Act of 2018 This bill requires the Department of Education when reviewing whether there has been a violation of title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance) based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics to consider the definition of "anti-Semitism" as part of its assessment of whether a practice was motivated by anti-Semitic intent. For purposes of this bill, the definition of "anti-Semitism" is the definition set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010.

Anti-Semitism Awareness Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2015.''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) declares that many controlled substances have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the United States. (2) Health care professionals, medical experts, researchers, and scientists have found pain to be a major national health problem. (3) The responsible treatment of pain is a high priority for our Nation and the needs of individuals with pain must be taken into careful consideration when taking steps to prevent prescription drug misuse and abuse. (4) When no longer needed or wanted for legitimate pain management or health treatment, prescription opioids are susceptible to diversion. Prescription opioids also may be abused by individuals who were not prescribed such drugs, or misused by individuals not taking such drugs as directed. (5) Approximately 4 out of 5 new heroin users report that they became addicted to prescription opioids before they used heroin for the first time. (6) According to the National Institute on Drug Abuse, heroin attaches to the same brain cell receptors as prescription opioids. (7) The low cost and high purity of currently available heroin has contributed to an increase in heroin use across the United States. (8) More people are using heroin, and are using heroin at a younger age. The National Survey on Drug Use and Health reports that new heroin users numbered 142,000 in 2010, and increased to 178,000 in 2011. In 2011, the average age at first use among heroin abusers between 12 and 49 years was 22.1 years. In 2009, the average age at first use among heroin abusers between 12 and 49 years was 25.5 years. (9) According to the Department of Health and Human Services, heroin use nationwide rose 79 percent between 2007 and 2012. (10) Deaths from heroin overdose have significantly increased in communities across the United States. According to the Centers for Disease Control and Prevention, the number of deaths involving heroin almost tripled between 2010 and 2013. From 2010 to 2013, the number of heroin deaths rose from 3,036 to 8,257. (11) The Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is critical to fighting the prescription opioid abuse and heroin use epidemics, and should be reauthorized and fully funded. SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES. (a) Inter-Agency Task Force.--Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force (referred to in this section as the ``task force''). (b) Membership.--The task force shall be comprised of-- (1) representatives of-- (A) the Department of Health and Human Services, including the Centers for Disease Control and Prevention; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; (E) the Office of National Drug Control Policy; and (F) the Institute of Medicine; (2) the Director of the National Institutes of Health; (3) physicians, dentists, and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of-- (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; and (D) pain advocacy groups; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties.--The task force shall-- (1) not later than 180 days after the date on which the task force is convened, develop best practices for pain management and prescription pain medication prescribing practices, taking into consideration-- (A) existing pain management research; (B) recommendations from relevant conferences; and (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; (2) solicit and take into consideration public comment on the best practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation.--The task force shall not have rulemaking authority. (e) Report.--Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes-- (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under paragraphs (1) and (2) of subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and (3) recommendations on how to apply such best practices to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. SEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONITORING PROGRAM. (a) Authorization of Appropriations.--To carry out the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748), there is authorized to be appropriated $9,000,000 for each of fiscal years 2016 through 2020. (b) GAO Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness of the Harold Rogers Prescription Drug Monitoring Program in reducing prescription drug abuse, and, to the extent practicable, any corresponding increase or decrease in the use of heroin. SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM. Section 508 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006 through 2012'' and inserting ``2016 through 2020''. SEC. 6. AWARENESS CAMPAIGNS. (a) In General.--The Secretary of Health and Human Services shall advance the education and awareness of the public, providers, patients, and other appropriate stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. (b) Drug-Free Media Campaign.-- (1) In general.--The Office of National Drug Control Policy, in coordination with the Secretary of Health and Human Services and the Attorney General, shall establish a national drug awareness campaign. (2) Requirements.--The national drug awareness campaign under paragraph (1) shall-- (A) take into account the association between prescription opioid abuse and heroin use; (B) emphasize the similarities between heroin and prescription opioids and the effects of heroin and prescription opioids on the human body; and (C) bring greater public awareness to the dangerous effects of fentanyl when mixed with heroin or abused in a similar manner. (3) Available funds.--Funds for the national drug awareness campaign may be derived from amounts appropriated to the Office of National Drug Control Policy and otherwise available for obligation and expenditure. SEC. 7. NALOXONE DEMONSTRATION GRANTS. (a) Definitions.--In this section-- (1) the term ``eligible entity'' means a State, a unit of local government, or a tribal government; (2) the term ``first responder'' includes firefighters, law enforcement officers, paramedics, emergency medical technicians, and other individuals (including employees of legally organized and recognized volunteer organizations, whether compensated or not), who, in the course of professional duties, respond to fire, medical, hazardous material, or other similar emergencies; and (3) the term ``opioid overdose reversal drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body. (b) Program Authorized.--The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to create not more than 8 demonstration programs to allow properly trained first responders to prevent prescription opioid and heroin overdose death by administering an opioid overdose reversal drug to an individual who has experienced overdose or who has been determined to have likely experienced overdose. (c) Application.-- (1) In general.--To be eligible to receive a grant under this section, an entity shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such information as the Attorney General shall require, and-- (A) that meets the criteria for selection under paragraph (2); and (B) that describes-- (i) the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (ii) how the program could be broadly replicated if demonstrated to be effective; (iii) how the eligible entity will coordinate with their corresponding State substance abuse agency to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources; and (iv) how the demonstration program will continue with State, local, or private funding after the expiration of the grant. (2) Criteria for selection.--The Attorney General may award grants to eligible entities that demonstrate an institutional need for technical support and lack existing infrastructure in order to implement and train first responders to carry out a demonstration program under paragraph (b). (3) Priority consideration.--In awarding grants under this section, the Attorney General shall give priority to an eligible entity located in a State that provides civil liability protection for first responders administering an opioid overdose reversal drug to counteract opioid overdoses by-- (A) enacting legislation that provides such civil liability protection; and (B) providing a certification by the attorney general of the State that the attorney general has-- (i) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders who may administer an opioid overdose reversal drug to individuals reasonably believed to be suffering from opioid overdose; and (ii) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (d) Use of Funds.--An eligible entity shall use a grant received under this section to-- (1) make an opioid overdose reversal drug, which may include naloxone, available to be carried and administered by first responders; (2) train and provide resources for first responders, on carrying and administrating such opioid overdose reversal drug for the prevention of prescription opioid and heroin overdose deaths; and (3) establish processes, protocols, and mechanisms for referral to treatment. (e) Technical Support.--The Attorney General shall provide individualized technical support, as requested, to grant recipients under this section to assist with implementation of the demonstration program. (f) Grant Duration.--A demonstration project grant shall be for a period of 3 years. (g) Evaluation.--Following the first grant year, a recipient of a grant awarded under this section shall report to the Attorney General on an annual basis -- (1) the number of first responders equipped with an opioid overdose reversal drug for the prevention of fatal prescription opioid and heroin overdose; (2) the number of prescription opioid and heroin overdoses reversed by first responders; (3) the number of calls for service related to prescription opioid and heroin overdose; and (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions. (h) Report to Congress.--The Attorney General shall submit an annual report to the appropriate committees of Congress aggregating the data received from the grant recipients and evaluating the outcomes achieved by the demonstration projects funded under this section. SEC. 8. OFFSET. It is the sense of Congress that the amounts expended to carry out this Act and the amendments made by this Act should be offset by a corresponding reduction in Federal non-defense discretionary spending.

Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2015 This bill requires the Department of Health and Human Services (HHS), in cooperation with the Department of Veterans Affairs, the Department of Defense, and the Drug Enforcement Administration, to convene a Pain Management Best Practices Inter-Agency Task Force to develop and study best practices for pain management and prescription of pain medication. The Harold Rogers Prescription Drug Monitoring Program is extended through FY2020. The Government Accountability Office must evaluate the effectiveness of this program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend the Edward Byrne Memorial Justice Assistance Grant Program through FY2020. HHS must advance education and awareness of the risk of abuse of prescription opioids (drugs with effects similar to opium). The Office of National Drug Control Policy (ONDCP), in coordination with HHS and the Department of Justice (DOJ), must establish a national drug awareness campaign that emphasizes the similarities between heroin and prescription opioids and increases awareness of the dangerous effects of mixing fentanyl (a prescription opioid painkiller) with heroin. DOJ, in coordination with HHS and ONDCP, may make grants to state, local, or tribal governments to create demonstration programs to allow first responders to prevent opioid overdose death by administering an opioid overdose reversal drug (e.g., naloxone). Priority must be given to entities in states that provide civil liability protection for first responders administering a drug to counteract opioid overdoses.

Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Forced Arbitration for Victims of Data Breaches Act of 2018''. SEC. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. An entity may not require, as part of a customer or other similar agreement, an individual to agree to submit any dispute related to a security breach, including any dispute related to identity theft, to arbitration. SEC. 3. APPLICABILITY. A provision of an agreement entered into prior to the date of the enactment of this Act, that violates section 2, is void. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. (c) Rules.--The Commission shall promulgate, under section 553 of title 5, United States Code, such rules as may be necessary to carry out the provisions of this Act. SEC. 5. ENFORCEMENT BY STATES. (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. (B) Contents.--The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (2) Intervention by federal trade commission.--The Commission may-- (A) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (B) upon intervening-- (i) be heard on all matters arising in the civil action; and (ii) file petitions for appeal of a decision in the civil action. (c) Investigatory Powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. SEC. 6. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. The individual shall also be entitled to recover its costs of litigation and reasonable attorney's fees and expert witness fees, against any entity or person found to be liable for such violation. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. (c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. (e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``security breach''-- (A) means a compromise of the security, confidentiality, or integrity of, or the loss of, computerized data that results in, or there is a reasonable basis to conclude has resulted in-- (i) the unauthorized acquisition of sensitive personally identifiable information; or (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization; (B) does not include any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an element of the intelligence community; and (2) the term ``sensitive personally identifiable information'' means any information or compilation of information, in electronic or digital form that includes one or more of the following: (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (B) A Social Security number (but not including only the last four digits of a Social Security number), driver's license number, passport number, or alien registration number or other Government-issued unique identification number. (C) Unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (E) A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords.

Ending Forced Arbitration for Victims of Data Breaches Act of 2018 This bill prohibits an entity from requiring, as part of a customer agreement or other similar agreement, that an individual agree to submit to arbitration a dispute related to a security breach. With respect to this prohibition, the bill establishes a private right to action as well as provides for enforcement by the Federal Trade Commission and by states.

Ending Forced Arbitration for Victims of Data Breaches Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation; (2) to provide meaningful and effective remedies for employment discrimination on the basis of sexual orientation; and (3) to invoke congressional powers, including the powers to enforce the 14th amendment to the Constitution and to regulate interstate commerce, in order to prohibit employment discrimination on the basis of sexual orientation. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Equal Employment Opportunity Commission. (2) Covered entity.--The term ``covered entity'' means an employer, employment agency, labor organization, joint labor- management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301). The term ``covered entity'' includes an employing office, as defined in section 401 of title 3, United States Code. (3) Employer.--The term ``employer'' means a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or more employees (as defined in section 701(f) of such Act (42 U.S.C. 2000e(f)) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986. (4) Employment agency.--The term ``employment agency'' has the meaning given the term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) Employment or an employment opportunity.--Except as provided in section 10(a)(1), the term ``employment or an employment opportunity'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment, but does not include the service of a volunteer for which the volunteer receives no compensation. (6) Labor organization.--The term ``labor organization'' has the meaning given the term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) Person.--The term ``person'' has the meaning given the term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) Religious organization.--The term ``religious organization'' means-- (A) a religious corporation, association, or society; or (B) a school, college, university, or other educational institution or institution of learning, if-- (i) the institution is in whole or substantial part controlled, managed, owned, or supported by a religion, religious corporation, association, or society; or (ii) the curriculum of the institution is directed toward the propagation of a religion. (9) Sexual orientation.--The term ``sexual orientation'' means homosexuality, bisexuality, or heterosexuality, whether the orientation is real or perceived. (10) State.--The term ``State'' has the meaning given the term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)). SEC. 4. DISCRIMINATION PROHIBITED. A covered entity shall not, with respect to the employment or an employment opportunity of an individual-- (1) subject the individual to a different standard or different treatment, or otherwise discriminate against the individual, on the basis of sexual orientation; or (2) discriminate against the individual based on the sexual orientation of a person with whom the individual is believed to associate or to have associated. SEC. 5. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because the individual opposed any act or practice prohibited by this Act or because the individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of the individual's having exercised, enjoyed, assisted in, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 6. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of the partner of the individual. SEC. 7. NO DISPARATE IMPACT; COLLECTION OF STATISTICS. (a) Disparate Impact.--The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. (b) Collection of Statistics.--The Commission shall not collect statistics on sexual orientation from covered entities, or compel the collection of such statistics by covered entities. SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. (c) Consent Decrees.--The Commission may not enter into a consent decree that includes a quota, or preferential treatment to an individual, based on sexual orientation. SEC. 9. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to a religious organization. (b) Unrelated Business Taxable Income.--This Act shall apply to employment or an employment opportunity for an employment position of a covered entity that is a religious organization, if the duties of the position pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 10. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.-- (1) Employment or an employment opportunity.--In this Act, the term ``employment or an employment opportunity'' does not apply to the relationship between the United States and members of the Armed Forces. (2) Armed forces.--In paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating a special right or preference concerning employment or an employment opportunity for a veteran. SEC. 11. CONSTRUCTION. Nothing in this Act shall be construed to prohibit a covered entity from enforcing rules regarding nonprivate sexual conduct, if the rules of conduct are designed for, and uniformly applied to, all individuals regardless of sexual orientation. SEC. 12. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202 and 1220); in the case of a claim alleged by the individual for a violation of such title or of section 302(a)(1) of such Act (2 U.S.C. 1202(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by the individual for a violation of such title; (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a claim alleged by the individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); (4) the Attorney General shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202 and 1220); in the case of a claim alleged by the individual for a violation of such title or of section 302(a)(1) of such Act (2 U.S.C. 1202(a)(1)), respectively; (5) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of a claim alleged by the individual for a violation of section 411 of such title; (6) a court of the United States shall have the same jurisdiction and powers as the court has to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by the individual for a violation of such title; (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202 and 1220) in the case of a claim alleged by the individual for a violation of section 302(a)(1) of such Act (2 U.S.C. 1202(a)(1)); (C) the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a claim alleged by the individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); and (D) chapter 5 of title 3, United States Code, in the case of a claim alleged by the individual for a violation of section 411 of such title. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by the individual for a violation of such title; (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by the individual for a violation of such section; (3) the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by the individual for a violation of such section; and (4) the procedures and remedies applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by the individual for a violation of such section. (c) Other Applicable Provisions.--With respect to a claim alleged by a covered employee (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this Act, title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleged by such a covered employee for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). SEC. 13. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the 11th amendment to the Constitution from an action in a Federal court of competent jurisdiction for a violation of this Act. (b) Remedies Against the United States and the States.-- Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this Act, remedies (including remedies at law and in equity, and interest) are available for the violation to the same extent as the remedies are available for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by a private entity, except that-- (1) punitive damages are not available; and (2) compensatory damages are available to the extent specified in section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)). SEC. 14. ATTORNEYS' FEES. Notwithstanding any other provision of this Act, in an action or administrative proceeding for a violation of this Act, an entity described in section 12(a) (other than paragraph (4) of such section), in the discretion of the entity, may allow the prevailing party, other than the United States, a reasonable attorney's fee (including expert fees) as part of the costs. The United States shall be liable for the costs to the same extent as a private person. SEC. 15. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members, to whom the provisions specified in section 12(b) apply, that describe the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10). SEC. 16. REGULATIONS. (a) In General.--Except as provided in subsections (b), (c), and (d), the Commission shall have authority to issue regulations to carry out this Act. (b) Librarian of Congress.--The Librarian of Congress shall have authority to issue regulations to carry out this Act with respect to employees of the Library of Congress. (c) Board.--The Board referred to in section 12(a)(3) shall have authority to issue regulations to carry out this Act, in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), with respect to covered employees, as defined in section 101 of such Act (2 U.S.C. 1301). (d) President.--The President shall have authority to issue regulations to carry out this Act with respect to covered employees, as defined in section 401 of title 3, United States Code. SEC. 17. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 18. SEVERABILITY. If any provision of this Act, or the application of the provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected by the invalidity. SEC. 19. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall take effect 60 days after the date of enactment of this Act and shall not apply to conduct occurring before the effective date. (b) Presidential Offices.--The second sentence of section 3(2), and sections 12(a)(5), 12(a)(6)(D), 12(b)(4), and 16(d), shall take effect on, and shall not apply to conduct occurring before, the later of-- (1) October 1, 1997; and (2) the effective date described in subsection (a).

Employment Non-Discrimination Act of 1997 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority or office to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits related retaliation and coercion. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits: (1) quotas and preferential treatment; and (2) the Equal Employment Opportunity Commission from entering into a consent decree that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees and applicants.

Employment Non-Discrimination Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring for an Aging America Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The projected growth in the number and proportion of older adults is unprecedented in United States history. (2) By 2030, the population of the United States aged 65 and older will exceed 70,000,000, about twice the number of such individuals in 2000. (3) In the December 2007 final report titled ``From Isolation to Integration: Recommendations to Improve Quality in Long-Term Care'' the National Commission for Quality Long-Term Care reported that there is abundant evidence that the health and long-term care workforce is not equipped in skills or in numbers to respond adequately to the aging of the United States population. (4) Inadequate training in geriatrics and gerontology often results in misdiagnoses, medication errors, inappropriate services, and a lack of care coordination, particularly in transitions from one setting to another, that are harmful to older patients and costly to our health and long-term care system. (5) Twenty-five percent of medical students report inadequate amounts of time devoted to geriatric training, 30 percent feel unprepared to care for older adults in acute care settings, and 42 percent say they are unprepared to care for frail older people in nursing homes. (6) Only 3 percent of psychologists view geriatrics as their primary area of practice and only 28 percent of psychologists have some graduate training in geriatrics or gerontology. (7) Less than 1 percent of nurses are certified gerontological nurses and only 3 percent of advance practice nurses specialize in aging. (8) Only 5 percent of social workers are trained in aging issues, yet 70 percent of licensed clinical social workers have worked in some capacity with older adults and their families. (9) By 2050, the United States will need three times as many direct care workers in home, community-based, and facility-based long-term care settings as are employed now to meet the needs of the baby boom generation. SEC. 3. GERIATRIC AND GERONTOLOGY LOAN REPAYMENT PROGRAM. Part E of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is amended by adding at the end the following: ``Subpart 3--Strengthening Recruitment and Retention for Geriatric Care Practice ``SEC. 771. GERIATRIC AND GERONTOLOGY LOAN REPAYMENT PROGRAM. ``(a) Establishment.--The Secretary shall establish a Geriatric and Gerontology Loan Repayment Program within the Health Resources and Services Administration to ensure an adequate supply of physicians, physician assistants, nurse practitioners, clinical nurse specialists, psychologists, and social workers trained in geriatrics or gerontology and to reduce critical workforce shortages in geriatric care practice. ``(b) Contracts.--Under the program established under subsection (a), the Secretary shall enter into contracts with individuals described in subsection (d) under which the individuals agree to provide full-time clinical practice and service to older adults for a minimum of 2 years. ``(c) Payment for Years of Service.--In consideration of the Federal Government agreeing to pay, for each year of service under a contract under this section, not more than $35,000 of the principal and interest of the educational loans of the individual involved for each of the first 2 years of service, the individual shall carry out activities in accordance with subsection (d)(4). For subsequent years, loan repayments of up to $40,000 per year for a third or fourth year of service may be made available. ``(d) Eligible Individuals.--An individual described in this subsection is an individual-- ``(1) who-- ``(A) is a physician, including an osteopathic physician, who has completed specialty training in geriatric medicine or geriatric psychiatry; ``(B) is a nurse practitioner or clinical nurse specialist who has completed specialty training in geriatrics or gerontology; ``(C) is a physician assistant who has completed specialty training in geriatrics; ``(D) is a social worker who has completed specialty training in gerontology; ``(E) is a psychologist who has completed specialty training in gerontology; or ``(F) otherwise-- ``(i) has a degree in medicine, osteopathic medicine, clinical or counseling psychology (doctoral degree program), social work (master's or doctoral degree program), or who is a certified nurse practitioner, certified clinical nurse specialist, or physician assistant; and ``(ii) is enrolled in, or has successfully completed, an accredited program of specialty training in geriatric medicine, geriatric psychiatry, geropsychology, gerontological social work, gerontological nursing, or equivalent geriatric care practice (as determined by the Secretary); ``(2) who has obtained an educational loan for costs associated with graduate training in medicine, psychology, or social work, or costs associated with becoming a nurse practitioner, clinical nurse specialist, or physician assistant; ``(3) who is appropriately licensed, without restriction (as determined by the Secretary), in the State in which the individual practices; and ``(4) who agrees to provide clinical services to older adults for a period of not less than 2 years in a setting determined appropriate by the Secretary. ``(e) Applicability of Certain Provisions.--With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III of this Act, the provisions of such subpart shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program. ``(f) National Advisory Council on the Geriatric and Gerontology Loan Repayment Program.-- ``(1) Establishment.--The Secretary shall establish a National Advisory Council on the Geriatric and Gerontology Loan Repayment Program (referred to in this section as the `Council') that shall be composed of not to exceed 11 members to be appointed by the Secretary. ``(2) Duties.--The Council shall consult with, advise, and make recommendations to the Secretary with respect to the Secretary's administration of the program established under subsection (a). ``(3) Administrative provisions.--Members of the Council shall be appointed for a term of 3 years and shall be representative of the health professions, and professional associations, that are eligible to enter into agreements under this section. ``(g) Reports.--Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes-- ``(1) the program established under this section (including the number and amount of loan repayments, the number and practice locations of the loan repayment recipients, the demographics of the individuals participating in the program, the default rate and actions required upon default, and to the extent that it can be determined, the reasons for such defaults); ``(2) how the program interacts with other Federal loan repayment programs for primary health care professionals; and ``(3) the overall costs and benefits of the program. ``(h) Definition.--In this section: ``(1) Geriatrics.--The term `geriatrics' means the branch of medicine that deals with the problems and diseases of older adults and aging. ``(2) Gerontology.--The term `gerontology' means the multidisciplinary study of the aging process and individuals as they grow from middle age through later life. Such term encompasses the social, psychological, biological, and economic aspects of aging. ``(3) Specialty training.--The term `specialty training' means coursework in geriatrics and gerontology and clinical training, including internships or fellowships, in a geriatric setting. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $4,000,000 for fiscal year 2009, $9,500,000 for fiscal year 2010, $16,000,000 for fiscal year 2011, $24,000,000 for fiscal year 2012, and $30,500,000 for fiscal year 2013.''. SEC. 4. EXPANSION OF NURSING EDUCATION LOAN REPAYMENT PROGRAM. Section 846 of the Public Health Service Act (42 U.S.C. 297n) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h), the following: ``(i) Geriatric Care Practice in Long-Term Care Settings.-- ``(1) Loan repayments.--In providing for loan repayments under this section, the Secretary shall ensure that eligible individuals include registered nurses who complete specialty training in geriatrics or gerontology and who elect to provide nursing services to older adults in home and community-based or facility-based long-term care settings, or any other program determined appropriate by the Secretary. ``(2) Definition.--In this subsection, the term `specialty training' means coursework in geriatrics and gerontology and clinical training, including internships or fellowships, in a geriatric setting. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $1,500,000 for fiscal year 2009, $3,000,000 for fiscal year 2010, $5,000,000 for fiscal year 2011, $7,000,000 for fiscal year 2012, and $8,500,000 for fiscal year 2013.''. SEC. 5. EXPANSION OF CAREER LADDER PROGRAMS. Section 831 of the Public Health Service Act (42 U.S.C. 296p) is amended-- (1) in subsection (c)(1)(A)-- (A) by striking ``to promote career'' and inserting the following: ``to-- ``(i) promote career''; and (B) by adding at the end the following: ``(ii) focus on specialty training in providing long-term care services for nursing personnel (including registered nurses, licensed practical nurses, licensed vocational nurses, certified nurse assistants, home health aides, personal care attendants, or any other related worker category designated by the Secretary) who provide services in home and community-based or facility-based long-term care settings; and''; and (2) in subsection (h), by adding at the end the following: ``There is authorized to be appropriated for grants under subsection (c)(1)(A)(ii), $4,000,000 for fiscal year 2009, $4,000,000 for each of fiscal years 2010 through 2012, and $3,500,000 for fiscal year 2013.''. SEC. 6. HEALTH AND LONG-TERM CARE WORKFORCE ADVISORY PANEL FOR AN AGING AMERICA. Subpart 3 of part E of title VII of the Public Health Service Act (as added by section 2) is further amended by adding at the end the following: ``SEC. 772. HEALTH AND LONG-TERM CARE WORKFORCE ADVISORY PANEL FOR AN AGING AMERICA. ``(a) Establishment.--The Secretary, in consultation with the Secretary of Labor, shall establish a Health and Long-Term Care Workforce Advisory Panel (referred to in this section as the `Panel') to-- ``(1) examine workforce issues related to health and long- term care for the aging population; and ``(2) provide advice to each such Secretary and to the appropriate committees of Congress concerning workforce issues related to health and long-term care for the aging population. ``(b) Membership.--The Panel shall be composed of not to exceed 20 individuals to be appointed by the Secretary. ``(c) Duties.--The Panel shall-- ``(1) analyze the existing geriatric health and long-term care workforce data infrastructure; ``(2) make recommendations for new or additional uniform data elements across regions and States that is necessary to track supply, demand, and workforce shortages related to health and long-term care for the aging population; ``(3) conduct a research project to identify incentives for recruitment and retention of new populations of clinicians and providers who agree to serve vulnerable older adults in geriatric and long-term care settings and make recommendations for one or more demonstrations, including the design, implementation, and evaluation of outcomes; and ``(4) carry out other activities determined appropriate by the Secretary. ``(d) Focus of Research Project.--In carrying out the research project under subsection (c)(3), the Secretary, in consultation with the Panel, shall focus on individuals who are not otherwise eligible for loan repayment incentives under this title or title VIII, such as retired military clinicians or other retired health professionals, health care professionals seeking a mid-career change, and direct care workers in long-term care settings. To carry out such research project, the Secretary may award grants or contracts. Eligible entities shall include State or local government, health professions schools, academic health centers, and other appropriate public or private non-profit entities. ``(e) Administrative Provisions.--Members of the Panel shall be appointed for a term of not to exceed 3 years (as determined by the Secretary at the time of appointment), shall convene at least twice per year, and shall be representative of diverse public and private sector expertise and interests, including representation from the Department of Health and Human Services (including the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, and the Administration on Aging), the Department of Labor (including the Bureau of Labor Statistics, the Employment and Training Administration, and the Employment Standards Administration), other Federal officials as the Secretary determines appropriate, academic institutions, consumer organizations, national aging advocates, health professional and paraprofessional associations, organized labor, nationally-recognized researchers in the area of geriatric care and long-term care workforce issues, health care and long-term care associations (including those representing home and community-based and facility-based settings), and private foundations that have sponsored initiatives to expand health professionals to care for the aging population. ``(f) Reports.--Not later than 2 years after the date of the enactment of this section, and every 2 years thereafter, the Secretary, based on the advice and recommendations of the Panel, shall submit to the appropriate committees of Congress a report on the status of the health professions and long-term care workforce for the aging population. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $1,500,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013.''.

Caring for an Aging America Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to: (1) establish a Geriatric and Gerontology Loan Repayment Program to enter into contracts with physicians, physician assistants, nurse practitioners, clinical nurse specialists, psychologists, and social workers trained in geriatrics or gerontology to pay educational loans in exchange for providing full-time clinical practice and service to older adults; and (2) establish the National Advisory Council on the Geriatric and Gerontology Loan Repayment Program. Requires the Secretary to ensure that individuals eligible for the nurse loan repayment program include registered nurses who complete specialty training in geriatrics or gerontology and who elect to provide nursing services to older adults in home and long-term care settings. Authorizes the Secretary to award nursing education grants and enter into contracts for programs that focus on specialty training in providing long-term care services for nursing personnel who provide services in home and long-term care settings. Requires the Secretary to establish a Health and Long-Term Care Workforce Advisory Panel to conduct a research project to identify incentives for recruitment and retention of clinicians and providers who agree to serve vulnerable older adults in geriatric and long-term care settings.

To amend the Public Health Service Act to attract and retain trained health care professionals and direct care workers dedicated to providing quality care to the growing population of older Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security and Employee Verification Improvement Act of 2010''. SEC. 2. INCREASE IN BORDER PATROL AGENTS. (a) Annual Increases.--The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of positions for which funds were appropriated for the preceding fiscal year), by-- (1) 2,000 in fiscal year 2011; (2) 2,000 in fiscal year 2012; and (3) 2,000 in fiscal year 2013. (b) Allocations.--Of the Border Patrol agents specified in subsection (a), 100 percent shall be deployed along the southern border of the United States. SEC. 3. INFRASTRUCTURE IMPROVEMENTS. The Secretary of Homeland Security shall, as the case may be and subject to the availability of appropriations for such purposes, construct or purchase-- (1) office facilities to accommodate additional Border Patrol agents; (2) sport utility vehicles or all terrain vehicles for such agents; (3) additional fencing in urban areas of the southern border of the United States; and (4) vehicle barriers to support, not replace, manpower in rural and remote areas of the southern border of the United States to achieve operational control of such border. SEC. 4. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHERN BORDER OF THE UNITED STATES. (a) In General.--Section 102(b)(1)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows: ``(A) Two-layered reinforced fencing.-- ``(i) In general.--In carrying out subsection (a), the Secretary of Homeland Security shall construct two layers of reinforced physical fencing along not fewer than 150 miles of the southern border of the United States where such fencing would be most practical and effective to deter and prevent unlawful border crossings. ``(ii) Border patrol access road.--The two- layered reinforced physical fencing required under clause (i) shall be separated by a Border Patrol access road. ``(iii) Construction deadline.-- ``(I) In general.--Not later than three years after the date of the enactment of this subparagraph, the Secretary of Homeland Security shall ensure the completion of the construction of the two-layered reinforced fencing required under clause (i) and the construction of the Border Patrol access road required under clause (ii). ``(II) Report.--If the Secretary of Homeland Security is unable to complete the construction of such fencing and access road by the date specified in subclause (I), the Secretary shall submit to Congress a report describing why such construction was not so completed. ``(iv) Prohibition on preexisting fencing to satisfy mileage requirement.--In carrying out clause (i), the Secretary of Homeland Security may not consider fencing along the southern border of the United States in existence on the date of the enactment of this subparagraph for purposes of satisfying the mileage requirement specified in such clause.''. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a plan for construction of a physical fence along the entire southern border of the United States and including the following information: (1) The amount of fencing (measured in miles) necessary to complete such plan. (2) A timeline for completion of such plan. (3) An identification of high-traffic areas that are prioritized for such construction. (4) Additional resources needed from Congress relating to such construction. SEC. 5. STUDY ON E-VERIFY PROGRAM. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall conduct a study on the E- Verify Program established under title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). The study shall include the following: (1) The number of employers that voluntarily participate in the E-Verify Program. (2) The number of employers required by law to participate in the E-Verify Program. (3) The number of employers that, while fully participating in the E-Verify program, employed unauthorized aliens (as such term is defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))). (4) A determination by the Secretary as to the feasibility of improving the E-Verify Program by incorporating additional sources of information, including-- (A) the databases and resources used by United States Immigration and Customs Enforcement in an I-9 audit; (B) State-owned databases and information from State documents; and (C) information about reported lost or stolen identities. (5) A determination by the Secretary as to whether existing legal protections for employers who properly participate in the E-Verify program are sufficient to fully protect them from civil or criminal liability for the employment of unauthorized aliens (as such term is defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).

Border Security and Employee Verification Improvement Act of 2010 - Provides for: (1) an increase of full-time active-duty Border Patrol personnel along the southern border for each of FY2011-FY2013; and (2) Border Patrol infrastructure improvements along such border. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary of Homeland Security (DHS) to: (1) construct two layers of reinforced fencing along at least 150 miles (in addition to any existing fencing) of the southern border; and (2) complete such work within three years. Directs the Secretary to conduct a study of the E-Verify Program.

To provide for improved border security and to ensure that employers that participate in the E-Verify Program are not subject to unjustified penalties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sand Creek Massacre National Historic Site Establishment Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) on November 29, 1864, a peaceful village of Cheyenne and Arapaho Indians under the leadership of Chief Black Kettle, along Sand Creek in southeastern Colorado territory was attacked by approximately 700 volunteer soldiers commanded by Colonel John M. Chivington; (2) more than 150 Cheyenne and Arapaho were killed in the attack, most of whom were women, children, or elderly; (3) during the massacre and the following day, the soldiers committed atrocities on the dead before withdrawing from the field; (4) the site of the Sand Creek Massacre is of great significance to descendants of the victims of the massacre and their respective tribes, for the commemoration of ancestors at the site; (5) the site is a reminder of the tragic extremes sometimes reached in the 500 years of conflict between Native Americans and people of European and other origins concerning the land that now comprises the United States; (6) Congress, in enacting the Sand Creek Massacre National Historic Site Study Act of 1998 (Public Law 105-243; 112 Stat. 1579), directed the National Park Service to complete a resources study of the site; (7) the study completed under that Act-- (A) identified the location and extent of the area in which the massacre took place; and (B) confirmed the national significance, suitability, and feasibility of, and evaluated management options for, that area, including designation of the site as a unit of the National Park System; and (8) the study included an evaluation of environmental impacts and preliminary cost estimates for facility development, administration, and necessary land acquisition. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of the Sand Creek Massacre as-- (A) a nationally significant element of frontier military and Native American history; and (B) a symbol of the struggles of Native American tribes to maintain their way of life on ancestral land; (2) to authorize, on acquisition of sufficient land, the establishment of the site of the Sand Creek Massacre as a national historic site; and (3) to provide opportunities for the tribes and the State to be involved in the formulation of general management plans and educational programs for the national historic site. SEC. 3. DEFINITIONS. In this Act: (1) Descendant.--The term ``descendant'' means a member of a tribe, an ancestor of whom was injured or killed in, or otherwise affected by, the Sand Creek Massacre. (2) Management plan.--The term ``management plan'' means the management plan required to be developed for the site under section 7(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (4) Site.--The term ``site'' means the Sand Creek Massacre National Historic Site established under section 4(a). (5) State.--The term ``State'' means the State of Colorado. (6) Tribe.--The term ``tribe'' means-- (A) the Cheyenne and Arapaho Tribes of Oklahoma; (B) the Northern Cheyenne Tribe; or (C) the Northern Arapaho Tribe. SEC. 4. ESTABLISHMENT. (a) In General.-- (1) Determination.--On a determination by the Secretary that land described in subsection (b)(1) containing a sufficient quantity of resources to provide for the preservation, memorialization, commemoration, and interpretation of the Sand Creek Massacre has been acquired by the National Park Service, the Secretary shall establish the Sand Creek Massacre National Historic Site, Colorado. (2) Publication.--The Secretary shall publish in the Federal Register a notice of the determination of the Secretary under paragraph (1). (b) Boundary.-- (1) Map and acreage.--The site shall consist of approximately 12,480 acres in Kiowa County, Colorado, the site of the Sand Creek Massacre, as generally depicted on the map entitled, ``Sand Creek Massacre Historic Site'', numbered, SAND 80,013 IR, and dated July 1, 2000. (2) Legal description.--The Secretary shall prepare a legal description of the land and interests in land described in paragraph (1). (3) Public availability.--The map prepared under paragraph (1) and the legal description prepared under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (4) Boundary revision.--The Secretary may, as necessary, make minor revisions to the boundary of the site in accordance with section 7(c) of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-9(c)). SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall manage the site in accordance with-- (1) this Act; (2) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.); (3) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and (4) other laws generally applicable to management of units of the National Park System. (b) Management.--The Secretary shall manage the site-- (1) to protect and preserve the site, including-- (A) the topographic features that the Secretary determines are important to the site; (B) artifacts and other physical remains of the Sand Creek Massacre; and (C) the cultural landscape of the site, in a manner that preserves, as closely as practicable, the cultural landscape of the site as it appeared at the time of the Sand Creek Massacre; (2)(A) to interpret the natural and cultural resource values associated with the site; and (B) provide for public understanding and appreciation of, and preserve for future generations, those values; and (3) to memorialize, commemorate, and provide information to visitors to the site to-- (A) enhance cultural understanding about the site; and (B) assist in minimizing the chances of similar incidents in the future. (c) Consultation and Training.-- (1) In general.--In developing the management plan and preparing educational programs for the public about the site, the Secretary shall consult with and solicit advice and recommendations from the tribes and the State. (2) Agreements.--The Secretary may enter into cooperative agreements with the tribes (including boards, committees, enterprises, and traditional leaders of the tribes) and the State to carry out this Act. SEC. 6. ACQUISITION OF PROPERTY. (a) In General.--The Secretary may acquire land and interests in land within the boundaries of the site-- (1) through purchase (including purchase with donated or appropriated funds) only from a willing seller; and (2) by donation, exchange, or other means, except that any land or interest in land owned by the State (including a political subdivision of the State) may be acquired only by donation. (b) Priority for Acquisition.--The Secretary shall give priority to the acquisition of land containing the marker in existence on the date of enactment of this Act, which states ``Sand Creek Battleground, November 29 and 30, 1864'', within the boundary of the site. (c) Cost-Effectiveness.-- (1) In general.--In acquiring land for the site, the Secretary, to the maximum extent practicable, shall use cost-effective alternatives to Federal fee ownership, including-- (A) the acquisition of conservation easements; and (B) other means of acquisition that are consistent with local zoning requirements. (2) Support facilities.--A support facility for the site that is not within the designated boundary of the site may be located in Kiowa County, Colorado, subject to an agreement between the Secretary and the Commissioners of Kiowa County, Colorado. SEC. 7. MANAGEMENT PLAN. (a) In General.--Not later than 5 years after the date on which funds are made available to carry out this Act, the Secretary shall prepare a management plan for the site. (b) Inclusions.--The management plan shall cover, at a minimum-- (1) measures for the preservation of the resources of the site; (2) requirements for the type and extent of development and use of the site, including, for each development-- (A) the general location; (B) timing and implementation requirements; and (C) anticipated costs; (3) requirements for offsite support facilities in Kiowa County; (4) identification of, and implementation commitments for, visitor carrying capacities for all areas of the site; (5) opportunities for involvement by the tribes and the State in the formulation of educational programs for the site; and (6) opportunities for involvement by the tribes, the State, and other local and national entities in the responsibilities of developing and supporting the site. SEC. 8. NEEDS OF DESCENDANTS. (a) In General.--A descendant shall have reasonable rights of access to, and use of, federally acquired land within the site, in accordance with the terms and conditions of a written agreement between the Secretary and the tribe of which the descendant is a member. (b) Commemorative Needs.--In addition to the rights described in subsection (a), any reasonable need of a descendant shall be considered in park planning and operations, especially with respect to commemorative activities in designated areas within the site. SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTORICAL OBSERVANCE. (a) Access.-- (1) In general.--The Secretary shall grant to any descendant or other member of a tribe reasonable access to federally acquired land within the site for the purpose of carrying out a traditional, cultural, or historical observance. (2) No fee.--The Secretary shall not charge any fee for access granted under paragraph (1). (b) Conditions of Access.--In granting access under subsection (a), the Secretary shall temporarily close to the general public one or more specific portions of the site in order to protect the privacy of tribal members engaging in a traditional, cultural, or historical observance in those portions; and any such closure shall be made in a manner that affects the smallest practicable area for the minimum period necessary for the purposes described above. (c) Sand Creek Repatriation Site.-- (1) In general.--The Secretary shall dedicate a portion of the federally acquired land within the site to the establishment and operation of a site at which certain items referred to in paragraph (2) that are repatriated under the Native American Graves Protection and Repatriation Act (25 U.S.C. 300 et seq.) or any other provision of law may be interred, reinterred, preserved, or otherwise protected. (2) Acceptable items.--The items referred to in paragraph (1) are any items associated with the Sand Creek Massacre, such as-- (A) Native American human remains; (B) associated funerary objects; (C) unassociated funerary objects; (D) sacred objects; and (E) objects of cultural patrimony. (d) Tribal Consultation.--In exercising any authority under this section, the Secretary shall consult with, and solicit advice and recommendations from, descendants and the tribes. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires descendants of such Indians to have reasonable rights of access to, and use of, federally acquired land within the Site. Directs the Secretary to: (1) grant to any descendant or tribal member reasonable access to federally acquired land within the Site for carrying out traditional, cultural, or historical observance (closing the area to the general public during such period); and (2) dedicate a portion of the Site to certain burial and commemorative remains and objects. Authorizes appropriations.

Sand Creek Massacre National Historic Site Establishment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as ``The First Tee in Character Education Act of 2007''. SEC. 2. FIRST TEE LIFE SKILLS PROGRAM. Subpart 3 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7247) is amended by adding at the end the following: ``SEC. 5432. FIRST TEE LIFE SKILLS PROGRAM. ``(a) Grants Authorized.-- ``(1) General authority.--In accordance with this section, the Secretary may make grants to eligible entities to design and implement youth development programs for the purpose of carrying out efforts to impact the lives of young people of all backgrounds by giving an opportunity to develop life-enhancing values such as confidence, perseverance, and judgment through sports such as golf and character education by providing learning facilities and educational programs. ``(2) Eligible entity.--In this section, the term `eligible entity' means-- ``(A) a State educational agency; ``(B) a local educational agency or consortium of local educational agencies; ``(C) a nonprofit organization or entity, including an institution of higher education; or ``(D) a local educational agency in partnership with one or more entities described in subparagraph (C). ``(3) Special consideration.--In awarding grants under this section, the Secretary shall give special consideration to applications from eligible entities that enhance and expand the delivery of-- ``(A) a Life Skills Experience Program, to enable children to learn valuable lessons about-- ``(i) the importance of maintaining a positive attitude; ``(ii) how to make decisions by thinking about the possible consequences; and ``(iii) how to define and set goals from the golf course to everyday life; ``(B) a National School Program, to establish a lifelong interest in golf by engaging children in a structured golf curriculum taught during physical education classes, while positively impacting their lives and helping to ensure the vitality of the game; and ``(C) such other initiatives as the Secretary finds appropriate to expand access to the First Tee program by minorities and historically underrepresented populations. ``(4) Equitable distribution.--In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among eligible entities located in urban, rural, and suburban areas. ``(5) Duration.--A grant under this section shall be awarded for a period not to exceed 3 years. ``(b) Contracts Under Program.-- ``(1) Evaluation.--An eligible entity receiving assistance under this section may contract with outside sources, including institutions of higher education and private and nonprofit organizations, for the purposes of-- ``(A) evaluating the program for which the assistance is made available; ``(B) measuring the integration of such program into the curriculum and teaching methods of schools where the program is carried out; and ``(C) measuring the success of such program in fostering the elements of character selected by the recipient. ``(2) Materials and program development.--An eligible entity may contract with outside sources, including institutions of higher education and private and nonprofit organizations, for assistance in-- ``(A) developing curricula, materials, teacher training, and other activities related to character education; and ``(B) integrating character education into the curricula and teaching methods of schools where the program is carried out. ``(c) Use of Funds by Recipients.--Of the total funds received in any fiscal year under this section by an eligible entity-- ``(1) not more than 3 percent of such funds may be used for administrative purposes; and ``(2) the remainder of such funds may be used for-- ``(A) the preparation or purchase of materials, and teacher training; ``(B) providing assistance to local educational agencies, schools, non-profits, or institutions of higher education; and ``(C) technical assistance and evaluation. ``(d) Application.-- ``(1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Required information.--Each application for a grant under this section shall include (together with any other information that the Secretary may require) information that-- ``(A) describes any partnerships or collaborative efforts among the organizations and entities of the eligible entity; ``(B) describes the activities that will be carried out with the grant funds, including-- ``(i) how parents, students, students with disabilities (including those with mental or physical disabilities), and other members of the community, including members of private and nonprofit organizations, will be involved in the design and implementation of the program and how the eligible entity will work with the larger community to increase the reach and promise of the program; ``(ii) curriculum and instructional practices that will be used or developed; and ``(iii) methods of teacher training and parent education that will be used or developed; ``(C) in the case of an eligible entity that is a State educational agency, describes how the State educational agency-- ``(i) will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education programs; and ``(ii) will assist other interested local educational agencies that are not members of the original partnership in designing and establishing character education programs; ``(D) describes how the eligible entity will evaluate the success of its program based on the objectives described in subsection (a); and ``(E) assures that the eligible entity annually will provide to the Secretary such information as may be required to determine the effectiveness of the program. ``(e) Selection of Recipients.-- ``(1) Selection criteria.--Selection of an eligible entity shall be made on the basis of the quality of the application submitted, taking into consideration such factors as-- ``(A) the extent to which the program fosters character in students and the potential for improved student academic achievement; ``(B) the extent and ongoing nature of parental, student, and community involvement; ``(C) the quality of the plan for measuring and assessing success; and ``(D) the likelihood that the objectives of the program will be achieved. ``(f) Participation by Private School Children and Teachers.--Each eligible entity that receives a grant under this section shall provide, to the extent feasible and appropriate, for the participation in programs and activities under this section of students and teachers in private elementary schools and secondary schools. ``(g) Reporting and Evaluation.--Each eligible entity receiving a grant under this section shall submit to the Secretary two reports containing a comprehensive evaluation of the program under this section. The first report shall be submitted not later than the end of the second year of the program, and the second report shall be submitted not later than one year after the completion of the grant period. Each report shall-- ``(1) describe the progress in delivering the programs described in subsection (a)(3); ``(2) describe the research, development, dissemination, evaluation, and technical assistance carried out under this section; and ``(3) describe its impact on students, students with disabilities (including those with mental or physical disabilities), teachers, administrators, parents, and others.''.

The First Tee in Character Education Act of 2007 - Amend the Elementary and Secondary Education Act of 1965 to establish a First Tee Life Skills program authorizing the Secretary of Education to award grants to states, local educational agencies (LEAs), nonprofit organizations, or partnerships of LEAs and such entities for youth development programs that give youth the opportunity to develop life-enhancing values though their participation in sports, such as golf. Directs grantees to provide, to the extent feasible and appropriate, for the participation of private elementary and secondary school teachers and students in program activities.

To amend the Elementary and Secondary Education Act of 1965 to establish the First Tee Life Skills Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Energy Review Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) the President's Council of Advisors on Science and Technology recommends that the United States develop a governmentwide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense and other Federal agencies; and (2) the development of an energy policy resulting from a Quadrennial Energy Review would-- (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm. SEC. 3. QUADRENNIAL ENERGY REVIEW. (a) In General.--Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows: ``SEC. 801. QUADRENNIAL ENERGY REVIEW. ``(a) Quadrennial Energy Review Task Force.-- ``(1) Establishment.--Once every 4 years after the date of enactment of the Quadrennial Energy Review Act of 2015, the President shall establish a Quadrennial Energy Review Task Force (referred to in this section as the `Task Force') to coordinate the Quadrennial Energy Review. ``(2) Cochairpersons.--The President shall designate appropriate senior Federal Government officials to be cochairpersons of the Task Force. ``(3) Membership.--The Task Force may be comprised of representatives at level I or II of the Executive Schedule of-- ``(A) the Department of Energy; ``(B) the Department of Commerce; ``(C) the Department of Defense; ``(D) the Department of State; ``(E) the Department of the Interior; ``(F) the Department of Agriculture; ``(G) the Department of the Treasury; ``(H) the Department of Transportation; ``(I) the Office of Management and Budget; ``(J) the National Science Foundation; ``(K) the Environmental Protection Agency; and ``(L) such other Federal agencies, and entities within the Executive Office of the President, as the President considers to be appropriate. ``(b) Conduct of Review.-- ``(1) In general.--Each Quadrennial Energy Review shall be conducted to-- ``(A) provide an integrated view of important national energy objectives and Federal energy policy; and ``(B) identify the maximum practicable alignment of research programs, incentives, regulations, and partnerships. ``(2) Elements.--A Quadrennial Energy Review shall-- ``(A) establish integrated, governmentwide national energy objectives in the context of economic, environmental, and security priorities; ``(B) recommend coordinated actions across Federal agencies; ``(C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; ``(D) provide a strong analytical base for Federal energy policy decisions; ``(E) consider reasonable estimates of future Federal budgetary resources when making recommendations; and ``(F) be conducted with substantial input from-- ``(i) Congress; ``(ii) the energy industry; ``(iii) academia; ``(iv) State, local, and tribal governments; ``(v) nongovernmental organizations; and ``(vi) the public. ``(c) Submission of Quadrennial Energy Review to Congress.-- ``(1) In general.--The President-- ``(A) shall publish and submit to Congress a report on the Quadrennial Energy Review once every 4 years; and ``(B) more frequently than once every 4 years, as the President determines to be appropriate, may prepare and publish interim reports as part of the Quadrennial Energy Review. ``(2) Inclusions.--The reports described in paragraph (1) shall address or consider, as appropriate-- ``(A) an integrated view of short-term, intermediate-term, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; ``(B) potential executive actions (including programmatic, regulatory, and fiscal actions) and resource requirements-- ``(i) to achieve the objectives described in subparagraph (A); and ``(ii) to be coordinated across multiple agencies; ``(C) analysis of the existing and prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including-- ``(i) an analysis by energy use sector, including-- ``(I) commercial and residential buildings; ``(II) the industrial sector; ``(III) transportation; and ``(IV) electric power; ``(ii) requirements for invention, adoption, development, and diffusion of energy technologies as they relate to each of the energy use sectors; and ``(iii) other research that informs strategies to incentivize desired actions; ``(D) assessment of policy options to increase domestic energy supplies and energy efficiency; ``(E) evaluation of national and regional energy storage, transmission, and distribution requirements, including requirements for renewable energy; ``(F) an integrated plan for the involvement of the Federal Laboratories in energy programs; ``(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy-relevant programs; ``(H) mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; ``(I) identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; ``(J) identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public- private partnerships, loans, and loan guarantees; ``(K) assessment of global competitors and an identification of programs that can be enhanced with international cooperation; ``(L) identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of-- ``(i) Federal tax policies; and ``(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; ``(M) priority listing for implementation of objectives and actions taking into account estimated Federal budgetary resources; ``(N) analysis of-- ``(i) points of maximum leverage for policy intervention to achieve outcomes; and ``(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and ``(O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. ``(d) Report Development.--The Secretary of Energy shall provide such support for the Quadrennial Energy Review with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section as may be requested by the cochairpersons designated under subsection (a)(2). ``(e) Cooperation.--The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.''. (b) Table of Contents Amendment.--The item relating to section 801 in the table of contents of such Act is amended to read as follows: ``Sec. 801. Quadrennial Energy Review.''. (c) Administration.--Nothing in this Act or an amendment made by this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act.

Quadrennial Energy Review Act of 2015 This bill amends the Department of Energy Organization Act to direct the President to establish once every four years the Quadrennial Energy Review Task Force to coordinate the Quadrennial Energy Review. Each Review must: (1) establish integrated, governmentwide national energy objectives in the context of economic, environmental, and security priorities; and (2) consider reasonable estimates of future federal budgetary resources when making recommendations. The President's report to Congress on the Review must address an integrated view of short-, intermediate-, and long-term objectives for federal energy policy. The Secretary of Energy shall give each Review necessary analytical, financial, and administrative support as requested by the cochairpersons.

Quadrennial Energy Review Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Development Loan Assistance Demonstration Program Act of 1995''. SEC. 2. ESTABLISHMENT AND SCOPE OF DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program to demonstrate the effectiveness of encouraging economic development in enterprise communities by making grants to community development corporations for reducing interest rates on loans for economic development activities in the enterprise communities. (b) Selection of Enterprise Communities.-- (1) Number.--The Secretary shall carry out the demonstration program under this Act with respect to 5 enterprise communities, which the Secretary shall select not later than the expiration of the 30-day period beginning on the date of the enactment of this Act. (2) Diversity.--Of the enterprise communities selected under this subsection, not less than 2 shall be located in rural areas (as defined in section 1393(a) of the Internal Revenue Code of 1986) and not less than 2 shall be located in metropolitan statistical areas (within the meaning of section 143(k)(2)(B) of such Code). In selecting the enterprise communities, the Secretary shall provide for national geographic diversity among enterprise communities participating in the demonstration program. SEC. 3. GRANTS FOR ECONOMIC DEVELOPMENT LOAN ASSISTANCE. (a) Authority.--Under the demonstration program under this Act, the Secretary may make grants to any community development corporation sponsored by a bank or thrift institution, by a nonbank economic development corporation, or by residents of an enterprise community selected under section 2(b). (b) Use.--Each community development corporation receiving a grant under the demonstration program under this Act shall use the grant amounts to assist businesses and nonprofit organizations by reducing interest rates on loans for economic development activities carried out in an enterprise community selected under section 2(b). (c) Other Requirements.--The Secretary shall require each community development corporation receiving a grant under the demonstration program under this Act to-- (1) use the grant amounts to reduce the interest rate on a loan described in subsection (b) by an amount not to exceed 60 percent of the market rate of interest on such loan; and (2) take any actions necessary to inform businesses and nonprofit organizations of the availability of such loans, including holding informational meetings, making public announcements, and placing notices in newspapers and other publications. SEC. 4. MONITORING. The Secretary shall monitor the use of grants made under this Act and the costs of administering such grants. SEC. 5. REPORTS AND STUDY. (a) Annual Report.--The Secretary shall submit to the Congress, not later than 1 year after the date that amounts to carry out this Act are first made available under appropriations Acts and for each year thereafter in which amounts are available to carry out the demonstration program, a report containing an evaluation of the effectiveness of grants made under the demonstration program. (b) Study and Report on Expanded Program.-- (1) Study.--The Secretary shall conduct a study regarding the effects and costs of carrying out a long-term and expanded program of making grants for the purposes under this Act. The study shall determine the need for such grants and the amount of funds necessary to carry out an effective program of national scope. (2) Report.--The Secretary shall submit to the Congress, not later than September 30, 1998, a report regarding the results of the study under paragraph (1) and any recommendations for carrying out a program as described in paragraph (1). SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Economic development activities.--The term ``economic development activities'' means the construction and rehabilitation of housing, downtown and neighborhood commercial revitalization, industrial development and redevelopment, small and minority business assistance, neighborhood marketing, training, and technical assistance, research and planning for nonprofit development groups, and other activities which create permanent private sector jobs. (2) Enterprise community.--The term ``enterprise community'' means an area that is designated as an enterprise community under section 1391 of the Internal Revenue Code of 1986. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act in fiscal years 1996, 1997, and 1998 a total of $100,000,000. SEC. 8. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act.

Economic Development Loan Assistance Demonstration Program Act of 1995 - Directs the Secretary of Housing and Urban Development to establish a demonstration program (and authorizes loan assistance grants) to encourage economic development in five enterprise communities through grants to community development corporations for reducing interest rates on economic development loans. Authorizes appropriations.

Economic Development Loan Assistance Demonstration Program Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Rural County Water Supply System Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there is a need for a water supply system in rural northeast Montana to provide a safe, reliable, and adequate water supply within the area under the jurisdiction of the Fort Peck Rural County Water District, Inc.; (2) no public water supply system currently serves the area; (3) ground water sources in the area are not potable; (4) the construction of a water supply system will allow for economic enhancement in Valley County in northeastern Montana; and (5)(A) adverse impacts on Montana, including the flooding of thousands of acres of productive crop land by the Fort Peck Reservoir, were caused by the construction of the Fort Peck Dam in 1939; and (B) the impacts have never been mitigated, and the predicted benefits of the construction of the dam have never been realized. (b) Purposes.--The purposes of this Act are-- (1) to authorize the construction of a water treatment facility and distribution system to provide clean and safe water for domestic and limited livestock use to residents and landowners within the area under the jurisdiction of the District; and (2) to allocate Federal funding for the construction of the water supply system instead of funding for agricultural irrigation systems, which has not been appropriated, as intended and as authorized under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891)). SEC. 3. DEFINITIONS. In this Act (unless the context clearly requires otherwise): (1) Construction.--The term ``construction'' means such activities associated with the actual development or construction of facilities as are initiated on execution of contracts for construction. (2) District.--The term ``District'' means the Fort Peck Rural County Water District, Inc., a nonprofit corporation in Montana. (3) Feasibility study.--The term ``feasibility study'' means the study entitled ``Final Engineering Report and Alternative Evaluation for the Fort Peck Rural County Water District'', dated September 1994, that includes a water conservation plan, environmental report, and economic enhancement component. (4) Planning.--The term ``planning'' means activities such as data collection, evaluation, design, and other associated preconstruction activities required prior to the execution of contracts for construction. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Water supply system.--The term ``water supply system'' means the Fort Peck Rural County Water Supply System, to be established and operated substantially in accordance with the feasibility study. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall enter into a cooperative agreement with the District for the planning, design, and construction by the District of the water supply system. (b) Service Area.--The water supply system shall provide for safe and adequate rural water supplies, economic enhancement, mitigation of wetland areas, and water conservation in the area under the jurisdiction of the District in Valley County, northeastern Montana (as described in the feasibility study). (c) Amount of Federal Contribution.-- (1) In general.--Subject to paragraph (3), under the cooperative agreement, the Secretary shall pay the Federal share of-- (A) the amount allocated in the total budget for the planning, design, and construction of the water supply system (as identified in the feasibility study); and (B) such sums as are necessary to defray increases in the budget. (2) Federal share.--The Federal share referred to in paragraph (1) shall be 80 percent and shall not be reimbursable. (3) Total.--The amount of Federal funds made available under the cooperative agreement shall not exceed the amount of funds authorized to be appropriated under section 9. (4) Limitations.--Not more than 5 percent of the amount of Federal funds made available to the Secretary under section 9 may be used for activities associated with-- (A) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) oversight of the planning, design, and construction by the District of the water supply system. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met. SEC. 5. WATER CONSERVATION PROGRAM. The District shall design a water conservation program to ensure that users of water from the water supply system will use the best practicable technology and management techniques to conserve water use. The program shall contain provisions for periodic review and revision by the District, in cooperation with the Secretary. SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES. In accordance with the feasibility study, mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency and concurrent with project construction. SEC. 7. EFFECT ON WATER PROJECTS IN STATES. Nothing in this Act limits the authorization for water projects in Montana under any law that is in effect on, or takes effect after, the date of enactment of this Act. SEC. 8. EFFECT ON WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the right of any State to any appropriated share of the waters of any body of surface or ground water, whether determined under any interstate compact, or any legislative or final judicial allocation, that is in effect on, or takes effect after, the date of enactment of this Act; (3) preempts or modifies any Federal or State law, or interstate compact, governing water quality or disposal; or (4) confers on any non-Federal entity the option to exercise any Federal right to the waters of any stream or to any ground water source. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,800,000, to remain available until expended. The funds authorized to be appropriated may be increased or decreased by such amounts as are justified by reason of ordinary fluctuations in development costs incurred after October 1, 1994, as indicated by engineering cost indices applicable to the type of construction project authorized under this Act.

Fort Peck Rural County Water Supply System Act of 1995 - Requires the Secretary of the Interior to enter into a cooperative agreement with the Fort Peck Rural County Water District, Inc., in Montana for the planning, design, and construction by the District of the Fort Peck Rural County Water Supply System. Requires the System to provide for safe and adequate rural water supplies, economic enhancement, mitigation of wetland areas, and water conservation in the area under the District's jurisdiction in Valley County, northeastern Montana. Requires the Secretary, under such agreement, to pay: (1) 80 percent, without reimbursement, of the amount allocated in the total budget for the planning, design, and construction of the System (as described in the Final Engineering Report and Alternative Evaluation for the Fort Peck Rural County Water District, dated September 1994, (feasibility study)); and (2) such sums as are necessary to defray increases in the budget. Prohibits the amount of the Federal funds made available under the agreement from exceeding the authorized appropriations under this Act. Allows not more than five percent of such funds to be used for activities associated with: (1) compliance with the National Environmental Policy Act of 1969; and (2) oversight of the planning, design, and construction by the District of the System. Provides that the requirements of such Act must be met before the Secretary obligates funds for the construction of the System. Requires the District to design a water conservation program to ensure that users of water from the System will use the best practicable technology and management techniques to conserve water use. Requires, in accordance with the feasibility study, that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the System be on an acre-for-acre basis, based on ecological equivalency and concurrent with project construction. Authorizes appropriations.

Fort Peck Rural County Water Supply System Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Sweep Act of 1997''. SEC. 2. REQUIRING MAJORITY OF HOUSE OF REPRESENTATIVES CANDIDATE'S CONTRIBUTORS TO RESIDE IN DISTRICT. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) The number of persons from whom a House candidate accepts contributions with respect to an election cycle who are not residents of the congressional district involved may not exceed the number of persons from whom the candidate accepts contributions with respect to the election cycle who are residents of the congressional district involved. ``(2) Paragraph (1) shall not apply with respect to contributions from a national, State, district, or local political party committee (including any subordinate committee thereof). ``(3) In this subsection, the term `House candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. SEC. 3. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN FEDERAL ELECTIONS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.) is amended by adding at the end the following new section: ``ban on federal election activities by political action committees ``Sec. 323. (a) In General.--Notwithstanding any other provision of this Act, no political action committee may make contributions, solicit or receive contributions, or make expenditures for the purpose of influencing an election for Federal office. ``(b) Political Action Committee Defined.--In this section, the term `political action committee' means any political committee which is not-- ``(1) the principal campaign committee of a candidate; or ``(2) a national, State, district, or local political party committee (including any subordinate committee thereof).''. (b) Conforming Amendments.--(1) Section 301(4)(A) of such Act (2 U.S.C. 431(4)(A)) is amended by inserting after ``persons'' the following: ``(but not including a partnership for purposes of section 323(b))''. (2) Section 316(b)(2) of such Act (2 U.S.C. 441b(b)(2)) is amended-- (A) by adding ``and'' at the end of subparagraph (A); (B) by striking ``; and'' at the end of subparagraph (B) and inserting a period; and (C) by striking subparagraph (C). SEC. 4. LIMIT ON CONTRIBUTIONS OF PERSONAL FUNDS OF CANDIDATE. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions or loans of the candidate's personal funds (including funds of members of the candidate's immediate family) during a calendar year which in the aggregate exceed $50,000.''. SEC. 5. BAN ON USE OF SOFT MONEY. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 3, is further amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 324. (a) In General.--Any payment by the national, State, or local committee of a political party (including any subordinate committee thereof) for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) Mixed Political Activity Defined.--As used in this section, the term `mixed political activity' means an activity which is both for the purpose of influencing an election for Federal office and for any purpose unrelated to influencing an election for Federal office, including voter registration, absentee ballot programs, and get-out- the-vote programs.''. SEC. 6. AVAILABILITY OF FREE BROADCAST TIME FOR CANDIDATES ADOPTING VOLUNTARY SPENDING LIMITS. (a) Voluntary Limits Described.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 3 and 5, is further amended by adding at the end the following new section: ``eligibility for reduced broadcast rates for candidates limiting expenditures ``Sec. 325. (a) Eligibility.--At the request of a candidate for election as a Member of, or Resident Commissioner or Delegate to, the House of Representatives, the Commission shall issue a certification that the candidate is eligible with respect to an election cycle for reduced broadcast rates under section 315(c) of the Communications Act of 1934 if the candidate certifies that the total amount of expenditures made in support of the candidate's election during the cycle will not exceed $600,000. ``(b) Process for Certification.-- ``(1) Certification of benefits.-- ``(A) Deadline for response to requests.--The Commission shall respond to a candidate's request for certification under this subsection not later than 5 days after the candidate submits the request. ``(B) Requests.--Any request for certification submitted by a candidate shall contain-- ``(i) such information and be made in accordance with such procedures as the Commission may provide by regulation; and ``(ii) a verification signed by the candidate and the treasurer of the principal campaign committee of such candidate stating that the information furnished in support of the request, to the best of their knowledge, is correct and fully satisfies the requirement of this title. ``(2) Grounds for determination.--The Commission shall make an initial determination of a candidate's eligibility for certification under this section based on the candidate's filings under this title. Any subsequent determination shall be based on relevant additional information submitted in such form and manner as the Commission may require. ``(3) Withdrawal of certification.--If the Commission determines that a candidate for whom a certification has been issued under this section no longer meets the requirements for such certification, the Commission shall revoke the candidate's certification. ``(c) Penalty for Spending in Excess of Limit.--Any candidate for whom a certification has been issued under this section with respect to an election cycle who makes expenditures during the cycle in an amount greater than the amount of the limit described in subsection (a) shall pay to the Commission an amount equal to twice the difference between the total amount of expenditures made in support of the candidate's election during the cycle and the amount of the limit.''. (b) Free Broadcast Time.-- (1) In general.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (A) in subsection (a), by striking ``within the meaning of this subsection'' and inserting ``within the meaning of this subsection and subsection (c)''; (B) in subsection (b), by striking ``The charges'' and inserting ``Except as provided in subsection (c), the charges''; (C) by redesignating subsections (c) and (d) as subsections (d) and (e); and (D) by inserting after subsection (b) the following new subsection: ``(c)(1) A candidate for election as a Member of, or Resident Commissioner or Delegate to, the House of Representatives for whom a certification is in effect under section 325 of the Federal Election Campaign Act of 1971 shall be entitled to receive a total of 30 minutes of free broadcast time from broadcasting stations within the State or an adjacent State, of which at least 20 minutes shall be made available between 7:00 p.m. and 11:00 p.m. on any day that falls on Monday through Friday. A candidate may not request that more than 15 minutes of free broadcast time be aired pursuant to this subsection by any one broadcasting station. ``(2) In the case of an election where only 1 candidate qualifies to be on the ballot, no time shall be required to be provided by a licensee pursuant to this subsection. ``(3)(A) The amount of broadcast time that shall be provided pursuant to this subsection to the candidate of a minor party shall be equal to the number of minutes allocable to the House district involved multiplied by the percentage of the number of popular votes received by the candidate of that party in the preceding general election for the House of Representatives in the district. ``(B) In subparagraph (A), the term `minor party' means, with respect to an election for Member of, or Resident Commissioner or Delegate to, the House of Representatives, a political party-- ``(i) whose candidate for such office in the preceding general election in the district involved received 5 percent or more but less than 25 percent of the number of popular votes received by all candidates for the office; or ``(ii) whose candidate for such office in the current general election in the district involved has obtained the signatures of at least 5 percent of the district's registered voters, as determined by the chief voter registration official of the State, in support of a petition for an allocation of free broadcast time under this subsection. ``(4) The Commission shall by regulation exempt from the requirements of this subsection-- ``(A) a licensee whose signal is broadcast substantially nationwide; and ``(B) a licensee for whom the Commission determines that meeting the requirements will impose a significant financial hardship.''. (2) Meeting requirement as condition of granting or renewal of license.--Section 307 of such Act (47 U.S.C. 307) is amended by adding at the end the following new subsection: ``(f) The continuation of an existing license, the renewal of an expiring license, and the issuance of a new license shall be expressly conditioned on the agreement by the licensee or the applicant to meet the requirements of section 315(c).''. SEC. 7. PROHIBITING CONTRIBUTIONS BY NONCITIZEN INDIVIDUALS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully admitted'' and all that follows and inserting a period. SEC. 8. BAN ON CASH CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended to read as follows: ``ban on contribution of currency ``Sec. 321. No person may make any contribution of currency of the United States or currency of any foreign country to any candidate or political committee with respect to any campaign for election to Federal office.''. SEC. 9. AMENDMENTS RELATING TO MASS MAILINGS SENT BY MEMBERS OF THE HOUSE OF REPRESENTATIVES. (a) In General.--Section 3210(a)(6) of title 39, United States Code, is amended by adding at the end the following: ``(G) Effective with respect to mailings made during sessions of Congress beginning after December 31, 1999, for purposes of applying any provision of law with respect to a Member of, or Member-elect to, the House-- ``(i) `90 days' shall be substituted for `60 days' each place it appears in subparagraph (A); and ``(ii) `100 pieces' shall be substituted for `500 pieces' in subparagraph (E).''. (b) Conforming Amendments.--Section 3210(a)(6) of title 39, United States Code, as amended by subsection (a), is further amended-- (1) in subparagraph (A) by striking ``It'' and inserting ``Subject to subparagraph (G), it''; and (2) in subparagraph (E) by striking ``As'' and inserting ``Subject to subparagraph (G), as''. SEC. 10. REPORT ON EFFECTS OF CHANGES. Not later than 3 months after the first general elections for the House of Representatives which are held after December 31, 1998, the Committee on House Oversight of the House of Representatives shall submit a report to the President and to Congress analyzing the effects on such elections of this Act and the amendments made by this Act. SEC. 11. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections held after December 31, 1998.

Clean Sweep Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to require that the majority of a House of Representatives candidate's contributors (with respect to an election cycle) reside in the congressional district involved. Excepts contributions from a national, State, district, or local political party committee (including any subordinate committee thereof). (Sec. 3) Bans Federal election activities by political action committees. (Sec. 4) Limits contributions or loans of the personal funds of a House candidate (including funds of members of the candidate's immediate family) during a calendar year which in the aggregate exceed $50,000. (Sec. 5) Requires that amounts paid by the national, State, or local political party committee (including a subordinate committee thereof) for mixed political activities: (1) shall be subject to limitation and reporting requirements as if such payment were an expenditure; and (2) may be paid only from an account that is subject to the requirements of FECA. (Sec. 6) Sets forth provisions concerning eligibility and certification for reduced broadcast rates for House candidates who limit the total amount of expenditures made during an election cycle. Imposes a penalty upon a candidate who makes expenditures in excess of the limit. Amends the Communications Act of 1934 to entitle certified candidates to receive free broadcast time from broadcasting stations within the candidate's State or an adjacent State, except where only one candidate qualifies to be on the ballot. Exempts certain licensees. (Sec. 7) Amends FECA to prohibit contributions by an individual who is not a citizen of the United States. (Sec. 8) Bans any contribution of U.S. or foreign currency to any candidate or political committee with respect to any Federal election campaign. (Sec. 9) Revises Federal law relating to mass mailings sent by House members. (Sec. 10) Directs the Committee on House Oversight to submit a report to the President and the Congress analyzing the effects of changes made by this Act on the first general elections for the House which are held after December 31, 1998.

Clean Sweep Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Kids' Interest in Learning and Libraries Act'' or the ``SKILLs Act''. TITLE I--SCHOOL LIBRARY MEDIA SPECIALIST REQUIREMENTS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 1002(b)(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by striking ``2002'' and inserting ``2008''. SEC. 102. STATE PLANS. Section 1111(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(8)) is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) how the State educational agency will meet the goal of ensuring that there is not less than 1 highly qualified school library media specialist in each school receiving funds under this part, as described in section 1119(h)(2); and''. SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS. Section 1112(b)(1)(N) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)(N)) is amended by inserting ``, including ensuring that there is not less than 1 highly qualified school library media specialist in each school'' before the semicolon. SEC. 104. SCHOOLWIDE PROGRAMS. Section 1114(b)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(D)) is amended by inserting ``school library media specialists,'' after ``teachers,''. SEC. 105. TARGETED ASSISTANCE SCHOOLS. Section 1115(c)(1)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315(c)(1)(F)) is amended by inserting ``school library media specialists,'' after ``teachers,''. SEC. 106. QUALIFICATIONS FOR TEACHERS, PARAPROFESSIONALS, AND SCHOOL LIBRARY MEDIA SPECIALISTS. (a) In General.--Section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended-- (1) in the section heading, by striking ``teachers and paraprofessionals'' and inserting ``teachers, paraprofessionals, and school library media specialists''; (2) by redesignating subsections (h) through (l) as subsections (i) through (m), respectively; (3) by inserting after subsection (g) the following: ``(h) School Library Media Specialists.-- ``(1) Local educational agency requirement.--Each local educational agency receiving assistance under this part shall ensure, to the extent feasible, that each school that is served by the local educational agency and receives funds under this part employs not less than 1 highly qualified school library media specialist. ``(2) State goal.--Each State educational agency receiving assistance under this part shall-- ``(A) establish a goal of having not less than 1 highly qualified school library media specialist in each public school that is served by the State educational agency and receives funds under this part; and ``(B) specify a date by which the State will reach this goal, which date shall be not later than the beginning of the 2010-2011 school year.''; and (4) in subsection (i) (as redesignated by subsection (a)(2)), by striking ``and paraprofessionals'' and inserting ``, paraprofessionals, and school library and media specialists''. (b) Conforming Amendment.--Section 1119(l) of the Elementary and Secondary Education Act of 1965 (as redesignated by subsection (a)(2)) (20 U.S.C. 6319(l)) is amended by striking ``subsection (1)'' and inserting ``subsection (m)''. SEC. 107. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES. Section 1251 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6383) is amended-- (1) in subsection (a), by striking ``well-trained, professionally certified'' and inserting ``highly qualified''; (2) in subsection (e)(3)-- (A) by striking ``Distribution.--The'' and inserting the following: ``Distribution.-- ``(A) Geographic distribution.--The''; and (B) by adding at the end the following: ``(B) Balance among types of schools.--In awarding grants under this subsection, the Secretary shall take into consideration whether funding is proportionally distributed among projects serving students in elementary, middle, and high schools.''; (3) in subsection (f)(2)-- (A) in subparagraph (A)-- (i) by inserting ``the need for student literacy improvement at all grade levels,'' before ``the need for''; and (ii) by striking ``well-trained, professionally certified'' and inserting ``highly qualified''; (4) by striking subparagraph (B) and inserting the following: ``(B) a needs assessment of which grade spans are served, ensuring funding is proportionally distributed to serve students in elementary, middle, and high schools;''; (5) in subsection (g)-- (A) in paragraph (1), by striking the semicolon at the end and inserting ``and reading materials, such as books and materials that-- ``(A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are limited English proficient; and ``(B) engage the interest of readers at all reading levels;''; and (B) in paragraph (4), by striking ``professional development described in section 1222(d)(2)'' and inserting ``professional development in information literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas''. TITLE II--PREPARING, TEACHING, AND RECRUITING HIGH QUALITY TEACHERS, SCHOOL LIBRARY MEDIA SPECIALISTS, AND PRINCIPALS SEC. 201. TEACHER, SCHOOL LIBRARY MEDIA SPECIALIST, AND PRINCIPAL TRAINING AND RECRUITING FUND. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) in the title heading, by striking ``HIGH QUALITY TEACHERS AND PRINCIPALS'' and inserting ``HIGH QUALITY TEACHERS, SCHOOL LIBRARY MEDIA SPECIALISTS, AND PRINCIPALS ''; and (2) in the part heading, by striking ``TEACHER AND PRINCIPAL'' and inserting ``TEACHER, SCHOOL LIBRARY MEDIA SPECIALIST, AND PRINCIPAL''. SEC. 202. PURPOSE. Section 2101(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601(1)) is amended to read as follows: ``(1) increase student academic achievement through strategies such as-- ``(A) improving teacher, school library media specialist, and principal quality; and ``(B) increasing the number of highly qualified teachers in the classroom, highly qualified school library media specialists in the library, and highly qualified principals and assistant principals in schools; and''. SEC. 203. STATE APPLICATIONS. Section 2112(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is amended-- (1) in paragraph (4), by inserting ``, school library media specialists,'' before ``and principals''; and (2) in paragraph (10), by inserting ``, school library media specialist,'' before ``and paraprofessional''. SEC. 204. STATE USE OF FUNDS. Section 2113(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended-- (1) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by inserting ``highly qualified school library media specialists,'' before ``principals''; and (B) in subparagraph (B), by inserting ``, highly qualified school library media specialists,'' before ``and principals''; and (2) in paragraph (6), by striking ``teachers and principals'' each place the term appears and inserting ``teachers, school library media specialists, and principals''. SEC. 205. LOCAL USES OF FUNDS. Section 2123(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6623(a)) is amended by inserting after paragraph (8) the following: ``(9)(A) Developing and implementing strategies to assist in recruiting and retaining highly qualified school library media specialists; and ``(B) providing appropriate professional development for such specialists, particularly related to skills necessary to assist students to improve the students' academic achievement, including skills related to information literacy.''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. Section 9101(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) is amended-- (1) in subparagraph (B)(ii)(II), by striking ``and'' after the semicolon; (2) in subparagraph (C)(ii)(VII), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) when used with respect to a school library media specialist employed in an elementary school or secondary school in a State, means that the school library media specialist-- ``(i) holds at least a bachelor's degree; ``(ii) has obtained full State certification as a school library media specialist or passed the State teacher licensing examination, with State certification in library media, in such State, except that when used with respect to any school library media specialist teaching in a public charter school, the term means that the school library media specialist meets the requirements set forth in the State's public charter school law; and ``(iii) has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.''. SEC. 302. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 note) is amended-- (1) by striking the item relating to section 1119 and inserting the following: ``Sec. 1119. Qualifications for teachers, paraprofessionals, and school library media specialists.''; (2) by striking the item relating to title II and inserting the following: ``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS, SCHOOL LIBRARY MEDIA SPECIALISTS, AND PRINCIPALS''; and (3) by striking the item relating to part A of title II and inserting the following: ``Part A--Teacher, School Library Media Specialist, and Principal Training and Recruiting Fund''.

Strengthening Kids' Interest in Learning and Libraries Act or the SKILLs Act - Amends title I of the Elementary and Secondary Education Act of 1965 to authorize appropriations for FY2008-FY2013 for the Improving Literacy through School Libraries grant program. Requires states and local educational agencies (LEAs) that receive school improvement funds to ensure that by the beginning of the 2010-2011 school year there is at least one highly qualified school library media specialist in every school that receives such funds. Requires Improving Literacy through School Libraries funds to be: (1) proportionally distributed to serve students in elementary, middle, and high schools; (2) used for media resources appropriate for all grades; and (3) used for professional development in information literacy instruction that is appropriate for all grades. Expands the program of grants to states and subgrants to LEAs for the recruitment, retention, and professional development of teachers to require that highly qualified school library media specialists be included in the focus of such efforts.

A bill to amend the provisions of the Elementary and Secondary Education Act of 1965 regarding school library media specialists, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Forgiveness Act of 2000''. TITLE I--STUDENT LOAN FORGIVENESS FOR TEACHERS SEC. 101. REVISION OF LOAN FORGIVENESS FOR TEACHERS PROGRAM. (a) In General.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended to read as follows: ``SEC. 428J. LOAN FORGIVENESS FOR TEACHERS. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the teaching profession. ``(b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who-- ``(1) is employed as a full-time teacher in a public elementary or secondary school; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall repay, for each year of 4 years of service described in subsection (b)(1), not more than one-fourth of the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding at the beginning of the first year of such service, so that at the end of such 4 years the the entire loan obligation is repaid. No borrower may receive a reduction of loan obligations under both this section and section 460. ``(2) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this subsection and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(g) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary.''. (b) No Income Tax by Reason of Loan Forgiveness.--Subsection (f) of section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Loan forgiveness for teachers.--In the case of an individual, gross income does not include any amount which (but for this paragraph) would be includible in gross income by reason of the discharge (in whole or in part) of any loan if such discharge was pursuant to section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10), as in effect on the date of the enactment of this paragraph.'' (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to years of service described in section 428J(b)(1) of the Higher Education Act of 1965 (as amended by such subsection) that begin on or after July 1, 1998. TITLE II--TAX CREDITS FOR TEACHING SEC. 201. $1,000 CREDIT FOR FULL-TIME PUBLIC ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. CREDIT FOR FULL-TIME PUBLIC ELEMENTARY AND SECONDARY SCHOOL TEACHERS. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of $1,000. ``(b) Eligible Individual.--For purposes of subsection (a), the term `eligible individual' means any individual who, for the academic year ending in the taxable year, was a full-time teacher at a public elementary or secondary school. ``(c) Reduction of Credit Where Loan Forgiven by Reason of Teaching.--The $1,000 amount in subsection (a) shall be reduced (but not below zero) by the amount of any loan for the education of the individual which is forgiven or canceled during the taxable year by reason of being such a teacher.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Credit for full-time public elementary and secondary school teachers.'' (c) Effective Date.--The amendments made by this section apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code (IRC) to provide that such student loan forgiveness shall not be included in an individual's gross income for income tax purposes. Title II: Tax Credits for Teaching - Amends IRC to provide a tax credit of $1,000 for public elementary and secondary school teachers. Reduces the amount of such credit in cases of student loan forgiveness for teachers.

Student Loan Forgiveness Act of 2000

OF CONFLICTS. To the extent permitted by law, disagreements or conflicts between or among agency heads or between OMB and any agency that cannot be resolved by the Administrator of OIRA shall be resolved by the President or a designee of the President. SEC. 8. PUBLICATION. Except to the extent required by law, an agency shall not publish in the Federal Register or otherwise issue to the public any regulatory action that is subject to review under section 6 until-- (1) the Administrator of OIRA notifies the agency that OIRA has waived its review of the action or has completed its review without any requests for further consideration, or (2) the applicable time period in section 6(b)(2) expires without OIRA having notified the agency that it is returning the regulatory action for further consideration under section 6(b)(3), whichever occurs first. If the terms of the preceding sentence have not been satisfied and an agency wants to publish or otherwise issue a regulatory action, the head of that agency may request Presidential consideration through the Administrator of OIRA, as provided under section 8. Upon receipt of this request, the Administrator of OIRA shall notify the Advisers. The guidelines and time period set forth in section 8 shall apply to the publication of regulatory actions for which Presidential consideration has been sought. SEC. 9. AGENCY AUTHORITY. Nothing in this Act shall be construed as displacing the agencies' authority or responsibilities, as authorized by law. SEC. 10. JUDICIAL REVIEW. Nothing in this Act shall affect any otherwise available judicial review of agency action. This Act is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. SEC. 11. DEFINITIONS. For purposes of this Act: (1) The term ``Advisers'' refers to such regulatory policy advisers to the President as the President and the Administrator of OIRA may from time to time consult, including, among others-- (A) the Director of OMB; (B) the Chair (or another member) of the Council of Economic Advisers; (C) the Assistant to the President for Economic Policy; (D) the Assistant to the President for Domestic Policy; (E) the Assistant to the President for National Security Affairs; (F) the Assistant to the President for Science and Technology; (G) the Assistant to the President for Intergovernmental Affairs; (H) the Assistant to the President and Staff Secretary; (I) the Assistant to the President and Chief of Staff to the Administrator of OIRA; (J) the Assistant to the President and Counsel to the President; and (K) the Deputy Assistant to the President and Director of the White House Office on Environmental Policy. (2) Except as provided in section 4(f), the term ``agency'' means any authority of the United States that is an ``agency'' under section 3502(1) of title 44, United States Code, other than those considered to be independent regulatory agencies, as defined in section 3502(10) of title 44, United States Code. (3) The term ``Director'' means the Director of OMB. (4) The term ``regulation'' or ``rule'' means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. It does not, however, include-- (A) regulations or rules issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (B) regulations or rules that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; (C) regulations or rules that are limited to agency organization, management, or personnel matters; or (D) any other category of regulations exempted by the Administrator of OIRA. (5) The term ``regulatory action'' means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking. (6) The term ``significant regulatory action'' means any regulatory action that is likely to result in a rule that may-- (A) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Act.

Government Regulatory Improvement and Performance Act of 1998 - Declares that: (1) Federal agencies should promulgate only such regulations as are required by law, necessary to interpret the law, or necessary to protect and promote or improve the health and safety of the public, the environment, or the well-being of the American people; and (2) in deciding whether and how to regulate, agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating. Sets forth principles of regulation to ensure that the agencies' regulatory programs are consistent with such philosophy, including that each agency: (1) identify the problem that it intends to address by regulation, assess its significance, and if possible conduct a risk analysis; (2) identify and assess available alternatives to direct regulation; (3) wherever feasible, seek views of appropriate State, local, and tribal officials before imposing requirements that might significantly or uniquely affect those governmental entities. (Sec. 3) Directs the Office of Management and Budget to carry out coordinated review of agency rulemaking. Designates its Office of Information and Regulatory Affairs (OIRA) as the repository of expertise concerning regulatory issues. (Sec. 4) Directs the OIRA Administrator, early in each year's planning cycle, to convene a meeting of the regulatory policy advisers to the President and agency heads to seek a common understanding of priorities and to coordinate regulatory efforts for the upcoming year. Requires each agency to prepare: (1) a unified regulatory agenda of all regulations under development or review; and (2) a regulatory plan of the most important significant regulatory actions that the agency reasonably expects to issue in that fiscal year or thereafter. Directs the Administrator to: (1) convene and chair a regulatory working group, which shall meet at least quarterly, to assist agencies in identifying and analyzing important regulatory issues; (2) meet quarterly, along with agency heads, with representatives of State, local, and tribal governments to identify exiting and proposed regulations that may uniquely or significantly affect those governmental entities; and (3) convene periodic conferences with representatives of businesses, nongovernmental organizations, and the public to discuss regulatory issues. (Sec. 5) Requires that: (1) each agency submit to OIRA a program under which the agency will periodically review its existing significant regulations; and (2) any significant regulations selected for review be included in the agency's annual plan, and the agency identify any legislative mandates that require the agency to promulgate or continue to impose unnecessary or outdated regulations. (Sec. 5) Requires each agency to: (1) submit to the OIRA a program under which the agency will periodically review its existing significant regulations for possible modification or elimination; (2) provide the public with meaningful participation in the regulatory process and a meaningful opportunity to comment on any proposed regulation, generally including a comment period of not less than 60 days; and (2) explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. Directs: (1) each agency head to designate a Regulatory Policy Office; (2) each agency to develop its regulatory actions in a timely fashion and adhere to specified procedures; (3) each agency to provide the OIRA with a list of its planned regulatory actions, including significant regulatory actions; and (4) the Administrator to provide meaningful guidance and oversight. (Sec. 8) Prohibits an agency from publishing a regulation until the Administrator has waived review of the action, completed such review, or the review period has passed, whichever occurs first.

Government Regulatory Improvement and Performance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014''. SEC. 2. ADVISORY BOARD ON ENVIRONMENTAL EXPOSURES AT ATSUGI NAVAL AIR FACILITY. (a) Establishment.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish an advisory board (to be known as the ``Advisory Board on Environmental Exposures at Atsugi Naval Air Facility'') to provide expert advice to the Department of Defense and the Department of Veterans Affairs on matters relating to the exposure of current and former members of the Armed Forces and their dependants to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983, as determined by the Advisory Board, in which the air, water, or soil at Atsugi Naval Air Facility were contaminated due to an incinerator. (b) Composition.--The Advisory Board shall consist of seven members, appointed by the President, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, of whom-- (1) two members shall be members of military service organizations or organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code (commonly referred to as ``veterans service organizations''); (2) two members shall be officials of appropriate Federal agencies, other than the Department of Defense or the Department of Veterans Affairs, with experience in environmental exposure or environmental exposure assessments, health monitoring, or other relevant fields; and (3) three members shall be scientists who-- (A) have backgrounds in environmental exposure or environmental exposure assessments, health monitoring, or other relevant fields; and (B) are not officials or employees of the Federal Government. (c) Appointments.-- (1) Deadline.--All members of the Advisory Board shall be appointed not later than 90 days after the date of the enactment of this Act. (2) Duration.--Members of the Advisory Board shall serve for three-year terms, subject to renewal, but not longer than six years in total. (3) Vacancies.--A vacancy in the Advisory Board shall be filled in the manner in which the original appointment was made. (d) Chairperson.--The members of the Advisory Board shall select from among its membership a Chairperson to serve a one-year term. (e) Quorum.--A majority of the members of the Board shall constitute a quorum. (f) Meetings.--The Board shall meet at the call of the Chairperson. (g) Compensation.-- (1) Officers of the federal government.-- (A) In general.--A member of the Board who is an employee of the Federal Government may not receive additional pay, allowances, or benefits by reason of the member's service on the Board. (B) Travel expenses.--Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (2) Other members.-- (A) In general.--Except as provided in subparagraph (B), a member of the Advisory Board who is not an employee of the Federal Government-- (i) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Advisory Board; and (ii) while away from the member's home or regular place of business on necessary travel in the actual performance of duties as a member of the Advisory Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (B) Limitation.--A member of the Advisory Board may not be paid compensation under subparagraph (A)(ii) for more than 120 days in any calendar year. (h) Staff.-- (1) In general.--The Chairperson of the Advisory Board may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Defense, and such other personnel as may be necessary to enable the Advisory Board to perform its duties. The appointment of an executive director shall be subject to approval by the Advisory Board. (2) Compensation.--The Chairperson of the Advisory Board may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (i) Detail of Government Employees.--Upon request of the Chairperson of the Advisory Board, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Advisory Board to assist it in carrying out its duties. (j) Termination.--Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall terminate on the date that is 12 years after the date of the enactment of this Act. SEC. 3. CONSIDERATION OF ENVIRONMENTAL EXPOSURES AT ATSUGI NAVAL AIR FACILITY, JAPAN. (a) In General.--The purpose of the Advisory Board established under section 3 is to consider and study cases of exposure of current and former members of the Armed forces and their dependants to potential environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983, as determined by the Advisory Board, in which the air, water, or soil at Atsugi Naval Air Facility were contaminated due to an incinerator. The Advisory Board shall evaluate claims related to hazardous environmental exposures at such Air Facility that are submitted to the Advisory Board by members of the Armed Forces, veterans, dependants of members of the Armed Forces and veterans, veterans advocacy groups, and officials of the Department of Defense and the Department of Veterans Affairs with responsibility or experience monitoring the health of current and former members of the Armed Forces. (b) Consideration of Exposure Claims.--Not later than 180 days after receiving such a claim, the Advisory Board shall consider the claim and take one of the following actions: (1) If the Advisory Board determines that further consideration of the claim is necessary to adequately assess the extent of exposure, the Advisory Board shall convene a science review panel under subsection (c) to make such assessment and report its findings to the Advisory Board. (2) If the Advisory Board determines that the extent of exposure is insufficient to warrant further consideration of the claim, the Advisory Board shall make a recommendation of such finding to the Secretary of Defense and the Secretary of Veterans Affairs. (3) If the Advisory Board determines that during the time period covered by such claim, members of the Armed Forces and their dependants were exposed to sufficient amounts of environmental hazards to warrant health care or compensation, the Advisory Board shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report that includes the following: (A) Recommendations that-- (i) such members should receive-- (I) health care benefits through the Department of Defense specifically designed to address such exposure, as determined by the Secretary of Defense; or (II) veterans health care or compensation specifically designed to address such exposure; and (ii) dependents of such members should receive health care benefits through the Department of Defense specifically designed to address such exposure, as determined by the Secretary of Defense, or financial compensation, or both. (B) Information on cost and attributable exposure, as defined in regulations prescribed pursuant to this Act. (c) Science Advisory Panels.-- (1) Establishment.--The Advisory Board may convene a science advisory panel to assist in the consideration of a claim under this section. (2) Composition.--A science advisory panel convened under this subsection shall consist of seven scientists who-- (A) have backgrounds in environmental exposure or environmental exposure assessments, health monitoring, or other relevant fields; and (B) are not officials or employees of the Federal Government. (3) Chairperson.--The Chairperson of the Advisory Board shall select from among the membership of a science advisory panel an individual to serve as Chairperson of the panel. The individual so selected shall serve a one-year term as Chairperson of the panel. (4) Consideration of military exposure claims.--Not later than 180 days after requested by the Advisory Board to review a claim, a science advisory panel shall submit a report to the Advisory Board with one of the following recommendations: (A) A recommendation that there is insufficient exposure to warrant further consideration of the claim. (B) A recommendation that further study of the claim is necessary, to be carried out by, or under the direction of, the science advisory panel in coordination with the Advisory Board. (C) A recommendation that, during the time period covered by such claim, members of the Armed Forces and their dependants were exposed to a sufficient risk of exposure to environmental hazards to warrant compensation or health care. (d) Subpoena Authority.--The Advisory Board and each science advisory panel convened by the Advisory Board under subsection (c) are authorized to require by subpoena the attendance and testimony of witnesses necessary to consider hazardous environmental exposure cases under this section. (e) Cooperation of Federal Agencies.--The head of each relevant Federal agency, including the Administrator of the Environmental Protection Agency, shall cooperate fully with the Advisory Board and each science advisory panel convened by the Advisory Board under subsection (c) for purposes of considering hazardous environmental exposure cases under this section. (f) Termination.--Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall terminate on the date that is 12 years after the date of the enactment of this Act. SEC. 4. HEALTH CARE SERVICES FOR CERTAIN INDIVIDUALS AT ATSUGI NAVAL AIR FACILITY, JAPAN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall establish procedures for identifying and compiling a list of individuals exposed to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983, as determined by the Secretaries, in which the air, water, or soil at Atsugi Naval Air Facility were contaminated due to an incinerator. The list may include individuals who were exposed to such hazards as fetuses in utero. (b) Eligibility for Health Care.--Individuals included on the list compiled under subsection (a) shall be immediately eligible for health care as follows: (1) Dependents shall be eligible for health care benefits through the Department of Defense, as determined by the Secretary of Defense, for any condition, or any disability that is associated with such condition, that is associated with exposure to the contaminants in the air from an incinerator at Atsugi Naval Air Facility. (2) Current and former members of the Armed Forces shall be eligible to receive one of the following: (A) Health care benefits through the Department of Defense specifically designed to address such exposure, as determined by the Secretary of Defense. (B) Health care benefits through the Department of Veterans Affairs specifically designed to address such exposure. (c) Report.-- (1) In general.--Not later than 30 days after compiling the list required under subsection (a), the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives a report on the compilation of such list. (2) Content.--The report required under paragraph (1) shall include-- (A) the evidence considered in selecting the covered period of air contamination at Atsugi Naval Air Facility; and (B) the criteria used to determine whether an individual was exposed to a contaminant during the covered period and the rationale for using those criteria. SEC. 5. ANNUAL REPORT. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives a report on health care and other benefits provided under this Act. (b) Content.--The report required under subsection (a) shall include the following: (1) A description of the classes of individuals who have received health care and other benefits under this Act during the reporting period. (2) A description of the health care benefits that have been provided to such individuals. (3) A description of the procedures used to identify individuals exposed to environmental hazards at Atsugi Naval Air Facility, Japan. (4) Recommendations for any additional legislation necessary to implement this Act. SEC. 6. REGULATIONS. The Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe regulations to carry out the provisions of this Act, including guidelines regarding health conditions and symptoms that may be attributed to hazardous environmental exposures at Atsugi Naval Air Facility, Japan. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014 - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the Advisory Board on Environmental Exposures at Atsugi Naval Air Facility to provide expert advice to DOD and VA on matters relating to exposure of current and former members of the Armed Forces (members) and their dependents to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983 in which the air, water, or soil at such facility was contaminated due to an incinerator. Requires the Board to: (1) consider and study cases of such exposure, (2) evaluate submitted exposure claims, and (3) recommend to such Secretaries that either a claim is insufficient to warrant further consideration or is sufficient to warrant health care or compensation. Authorizes the Board to convene a science panel to consider exposure claims and report results to the Board. Authorizes the Secretary of Defense (Secretary) to provide to such members and dependents the health care benefits recommended by the Board. Requires the Secretary to: (1) compile a list of individuals exposed to environmental hazards at the facility during the period in which the air, water, or soil was contaminated; and (2) report to the armed services and veterans' affairs committees on the compilation of such list. Directs the Secretary to report annually to such committees on health care and other benefits provided under this Act, including a description of procedures used to identify exposed individuals.

Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The national security of the United States is threatened by the possibility of terrorist attacks against American citizens, military personnel, institutions, landmarks, infrastructure, and industry. (2) The intelligence community is responsible for collecting and disseminating intelligence on known and suspected terrorists, and known and suspected international terrorist organizations. This information is vital to United States efforts to prevent terrorist attacks, and capture and mete out justice to those who plan or commit such acts. (3) Previous terrorist attacks against United States interests and the subsequent investigations into these incidents, including the current investigation into the terrorist attacks of September 11, 2001, have highlighted deficiencies in how intelligence on known or suspected terrorists, and known or suspected terrorist organizations, is stored and retrieved, and in how this information is disseminated to Federal Government agencies, State and local government agencies, and entities of foreign governments and international organizations responsible for the prevention of and investigation into terrorist attacks. (4) It is essential to the prevention of future terrorist attacks that the agencies and personnel responsible for protecting our citizenry and Nation have appropriate and effective access to the intelligence collected on known or suspected terrorists, and known or suspected terrorist organizations, in a timely manner. (b) Purposes.--The purpose of this Act are-- (1) to provide for establishment and maintenance of an interoperable counterterrorism intelligence data system to both store and retrieve the identities of and biographic information on known or suspected terrorists, and known or suspected terrorist organizations; and (2) to ensure the timely and thorough availability of such information to those responsible for protecting our citizenry and Nation against the threat of terrorism at the Federal, State, and local level. SEC. 2. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM. (a) Requirement.--(1) The Director of Central Intelligence, acting as head of the Intelligence Community, shall-- (A) establish and maintain a list of individuals who are known or suspected international terrorists, and of organizations that are known or suspected international terrorist organizations; and (B) ensure that pertinent information on the list is shared with the departments, agencies, and organizations described by subsection (c). (2) The list under paragraph (1), and the mechanisms for sharing information on the list, shall be known as the ``Terrorist Identification Classification System''. (b) Administration.--(1) The Director shall prescribe requirements for the inclusion of an individual or organization on the list required by subsection (a), and for the omission from the list of an individual or organization currently on the list. (2) The Director shall ensure that the information utilized to determine the inclusion or omission of an individual or organization on or from the list is derived from all-source intelligence. (3) The Director shall ensure that the list is maintained in accordance with existing law and regulations governing the collection, storage, and dissemination of intelligence concerning United States persons. (c) Information Sharing.--Subject to section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the protection of intelligence sources and methods, the Director shall provide for the sharing of the list, and information on the list, with such departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations as the Director considers appropriate. (d) Reporting and Certification.--(1) The Director shall review on an annual basis the information provided by various departments and agencies for purposes of the list under subsection (a) in order to determine whether or not the information so provided is derived from the widest possible range of intelligence available to such departments and agencies. (2) The Director shall, as a result of each review under paragraph (1), certify whether or not the elements of the intelligence community responsible for the collection of intelligence related to the list have provided information for purposes of the list that is derived from the widest possible range of intelligence available to such department and agencies. (e) Report on Criteria for Information Sharing.--(1) Not later then March 1, 2003, the Director shall submit to the congressional intelligence committees a report describing the criteria used to determine which information on the list required by subsection (a) is to be shared, and which information is not to be shared, with various departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations. (2) The report shall include a description of the circumstances in which the Director has determined that sharing information on the list with the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c) would be inappropriate due to the concerns addressed by section 103(c)(6) of the National Security Act of 1947, relating to the protection of sources and methods, and any instance in which the sharing on information on the list has been inappropriate in light of such concerns. (f) System Administration Requirements.--(1) The Director shall, to the maximum extent practicable, ensure the interoperability of the Terrorist Identification Classification System with relevant information systems of the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c). (2) The Director shall ensure that the System utilizes technologies that are effective in aiding the identification of individuals in the field. (g) Report on Status of System.--(1) Not later than one year after the date of the enactment of this Act, the Director of Homeland Security in consultation with the Director of Central Intelligence, shall submit to the congressional intelligence committees a report on the status of the Terrorist Identification Classification System. The report shall contain a certification on the following: (A) Whether or not the System contains the intelligence information necessary to facilitate the contribution of the System to the domestic security of the United States. (B) Whether or not the departments and agencies having access to the System have access in a manner that permits such departments and agencies to carry out appropriately their domestic security responsibilities. (C) Whether or not the System is operating in a manner that maximizes its contribution to the domestic security of the United States. (D) If a certification under subparagraph (A), (B), or (C) is in the negative, the modifications or enhancements of the System necessary to ensure a future certification in the positive. (2) The report shall be submitted in unclassified form, but may include a classified annex. (h) Congressional Intelligence Committees Defined.--In this section, the term ``congressional intelligence committees'' means-- (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on Intelligence of the House of Representatives.

Requires the Director of Central Intelligence (DCI) to: (1) establish and maintain a list of individuals and organizations that are known or suspected to be international terrorists or terrorist organizations; and (2) ensure that pertinent information on such list is shared with such Federal, State, and local departments and such agencies and entities of foreign governments and international organizations as the DCI considers appropriate. Designates such list as the Terrorist Identification Classification System. Requires the DCI to: (1) review and update the System; (2) report to the congressional intelligence committees on the criteria used to determine which System information is shared; and (3) ensure the interoperability of the System with relevant information systems of appropriate departments, agencies, and foreign and international governments and organizations.Requires the Director of Homeland Security, in consultation with the DCI, to report to the intelligence committees on the status of the System, together with specified certifications.

A bill to provide for a terrorist identification classification system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minimum Wage Increase and Work Opportunity Tax Credit Act of 1996''. SEC. 2. INCREASE IN MINIMUM WAGE. Paragraph (1) of section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than $4.25 an hour during the period ending 90 days after the date of the enactment of the Minimum Wage Increase Act of 1996, not less than $4.75 an hour during the year beginning on that date, and not less than $5.25 an hour after the expiration of such year;''. SEC. 2. WORK OPPORTUNITY TAX CREDIT. (a) Reference.--Whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (b) Amount of Credit.--Subsection (a) of section 51 (relating to amount of credit) is amended by striking ``40 percent'' and inserting ``35 percent''. (c) Members of Targeted Groups.--Subsection (d) of section 51 is amended to read as follows: ``(d) Members of Targeted Groups.--For purposes of this subpart-- ``(1) In general.--An individual is a member of a targeted group if such individual is-- ``(A) a qualified IV-A recipient, ``(B) a qualified veteran, ``(C) a qualified ex-felon, ``(D) a high-risk youth, ``(E) a vocational rehabilitation referral, or ``(F) a qualified summer youth employee. ``(2) Qualified iv-a recipient.-- ``(A) In general.--The term `qualified IV-A recipient' means any individual who is certified by the designated local agency as being a member of a family receiving assistance under a IV-A program for at least a 9-month period ending during the 9-month period ending on the hiring date. ``(B) IV-A program.--For purposes of this paragraph, the term `IV-A program' means any program providing assistance under a State plan approved under part A of title IV of the Social Security Act (relating to assistance for needy families with minor children) and any successor of such program. ``(3) Qualified veteran.-- ``(A) In general.--The term `qualified veteran' means any veteran who is certified by the designated local agency as being-- ``(i) a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least a 9-month period ending during the 12-month period ending on the hiring date, or ``(ii) a member of a family receiving assistance under a food stamp program under the Food Stamp Act of 1977 for at least a 3-month period ending during the 12-month period ending on the hiring date. ``(B) Veteran.--For purposes of subparagraph (A), the term `veteran' means any individual who is certified by the designated local agency as-- ``(i)(I) having served on active duty (other than active duty for training) in the Armed Forces of the United States for a period of more than 180 days, or ``(II) having been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability, and ``(ii) not having any day during the 60-day period ending on the hiring date which was a day of extended active duty in the Armed Forces of the United States. For purposes of clause (ii), the term `extended active duty' means a period of more than 90 days during which the individual was on active duty (other than active duty for training). ``(4) Qualified ex-felon.--The term `qualified ex-felon' means any individual who is certified by the designated local agency-- ``(A) as having been convicted of a felony under any statute of the United States or any State, ``(B) as having a hiring date which is not more than 1 year after the last date on which such individual was so convicted or was released from prison, and ``(C) as being a member of a family which had an income during the 6 months immediately preceding the earlier of the month in which such income determination occurs or the month in which the hiring date occurs, which, on an annual basis, would be 70 percent or less of the Bureau of Labor Statistics lower living standard. Any determination under subparagraph (C) shall be valid for the 45-day period beginning on the date such determination is made. ``(5) High-risk youth.-- ``(A) In general.--The term `high-risk youth' means any individual who is certified by the designated local agency-- ``(i) as having attained age 18 but not age 25 on the hiring date, and ``(ii) as having his principal place of abode within an empowerment zone or enterprise community. ``(B) Youth must continue to reside in zone.--In the case of a high-risk youth, the term `qualified wages' shall not include wages paid or incurred for services performed while such youth's principal place of abode is outside an empowerment zone or enterprise community. ``(6) Vocational rehabilitation referral.--The term `vocational rehabilitation referral' means any individual who is certified by the designated local agency as-- ``(A) having a physical or mental disability which, for such individual, constitutes or results in a substantial handicap to employment, and ``(B) having been referred to the employer upon completion of (or while receiving) rehabilitative services pursuant to-- ``(i) an individualized written rehabilitation plan under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973, or ``(ii) a program of vocational rehabilitation carried out under chapter 31 of title 38, United States Code. ``(7) Qualified summer youth employee.-- ``(A) In general.--The term `qualified summer youth employee' means any individual-- ``(i) who performs services for the employer between May 1 and September 15, ``(ii) who is certified by the designated local agency as having attained age 16 but not 18 on the hiring date (or if later, on May 1 of the calendar year involved), ``(iii) who has not been an employee of the employer during any period prior to the 90-day period described in subparagraph (B)(i), and ``(iv) who is certified by the designated local agency as having his principal place of abode within an empowerment zone or enterprise community. ``(B) Special rules for determining amount of credit.--For purposes of applying this subpart to wages paid or incurred to any qualified summer youth employee-- ``(i) subsection (b)(2) shall be applied by substituting `any 90-day period between May 1 and September 15' for `the 1-year period beginning with the day the individual begins work for the employer', and ``(ii) subsection (b)(3) shall be applied by substituting `$3,000' for `$6,000'. The preceding sentence shall not apply to an individual who, with respect to the same employer, is certified as a member of another targeted group after such individual has been a qualified summer youth employee. ``(C) Youth must continue to reside in zone.-- Paragraph (5)(B) shall apply for purposes of this paragraph. ``(8) Hiring date.--The term `hiring date' means the day the individual is hired by the employer. ``(9) Designated local agency.--The term `designated local agency' means a State employment security agency established in accordance with the Act of June 6, 1933, as amended (29 U.S.C. 49-49n). ``(10) Special rules for certifications.-- ``(A) In general.--An individual shall not be treated as a member of a targeted group unless-- ``(i) on or before the day on which such individual begins work for the employer, the employer has received a certification from a designated local agency that such individual is a member of a targeted group, or ``(ii)(I) on or before the day the individual is offered employment with the employer, a pre-screening notice is completed by the employer with respect to such individual, and ``(II) not later than the 14th day after the individual begins work for the employer, the employer submits such notice, signed by the employer and the individual under penalties of perjury, to the designated local agency as part of a written request for such a certification from such agency. For purposes of this paragraph, the term `pre-screening notice' means a document (in such form as the Secretary shall prescribe) which contains information provided by the individual on the basis of which the employer believes that the individual is a member of a targeted group. ``(B) Incorrect certifications.--If-- ``(i) an individual has been certified by a designated local agency as a member of a targeted group, and ``(ii) such certification is incorrect because it was based on false information provided by such individual, the certification shall be revoked and wages paid by the employer after the date on which notice of revocation is received by the employer shall not be treated as qualified wages. ``(C) Explanation of denial of request.--If a designated local agency denies a request for certification of membership in a targeted group, such agency shall provide to the person making such request a written explanation of the reasons for such denial.'' (d) Minimum Employment Period.--Paragraph (3) of section 51(i) (relating to certain individuals ineligible) is amended to read as follows: ``(3) Individuals not meeting minimum employment period.-- No wages shall be taken into account under subsection (a) with respect to any individual unless such individual either-- ``(A) is employed by the employer at least 180 days (20 days in the case of a qualified summer youth employee), or ``(B) has completed at least 500 hours (120 hours in the case of a qualified summer youth employee) of services performed for the employer.'' (e) Termination.--Paragraph (4) of section 51(c) (relating to wages defined) is amended to read as follows: ``(4) Termination.--The term `wages' shall not include any amount paid or incurred to an individual who begins work for the employer-- ``(A) after December 31, 1994, and before January 1, 1997, or ``(B) after December 31, 1997.'' (f) Redesignation of Credit.-- (1) Sections 38(b)(2) and 51(a) are each amended by striking ``targeted jobs credit'' and inserting ``work opportunity credit''. (2) The subpart heading for subpart F of part IV of subchapter A of chapter 1 is amended by striking ``Targeted Jobs Credit'' and inserting ``Work Opportunity Credit''. (3) The table of subparts for such part IV is amended by striking ``targeted jobs credit'' and inserting ``work opportunity credit''. (4) The heading for paragraph (3) of section 1396(c) is amended by striking ``targeted jobs credit'' and inserting ``work opportunity credit''. (g) Technical Amendments.-- (1) Paragraph (1) of section 51(c) is amended by striking ``, subsection (d)(8)(D),''. (2) Paragraph (3) of section 51(i) is amended by striking ``(d)(12)'' each place it appears and inserting ``(d)(6)''. (h) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 1996.

Minimum Wage Increase and Work Opportunity Tax Credit Act of 1996 - Amends the Fair Labor Standards Act of 1938 to increase the minimum wage rate from the current $4.25 per hour to: (1) $4.75 per hour for one year beginning 90 days after enactment of this Act; and (2) $5.25 per hour after that year. Amends the Internal Revenue Code to provide for a new work opportunity tax credit. Redesignates the current targeted jobs credit as the work opportunity credit. Revises the amount of such credit, members of targeted groups, minimum employment period for eligibility, and termination of the period of new wage payments to which the credit applies.

Minimum Wage Increase and Work Opportunity Tax Credit Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Prevention and Deterrence Act of 2007''. SEC. 2. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE BOMBINGS. (a) Offense of Rewarding or Facilitating International Terrorist Acts.-- (1) In general.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339E. Providing material support to international terrorism ``(a) Definitions.--In this section: ``(1) The term `facility of interstate or foreign commerce' has the same meaning as in section 1958(b)(2). ``(2) The term `international terrorism' has the same meaning as in section 2331. ``(3) The term `material support or resources' has the same meaning as in section 2339A(b). ``(4) The term `perpetrator of an act' includes any person who-- ``(A) commits the act; ``(B) aids, abets, counsels, commands, induces, or procures its commission; or ``(C) attempts, plots, or conspires to commit the act. ``(5) The term `serious bodily injury' has the same meaning as in section 1365. ``(b) Prohibition.--Whoever, in a circumstance described in subsection (c), provides, or attempts or conspires to provide, material support or resources to the perpetrator of an act of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage that act or other acts of international terrorism, shall be fined under this title, imprisoned not more than 25 years, or both, and, if death results, shall be imprisoned for any term of years or for life. ``(c) Jurisdictional Bases.--A circumstance referred to in subsection (b) is that-- ``(1) the offense occurs in or affects interstate or foreign commerce; ``(2) the offense involves the use of the mails or a facility of interstate or foreign commerce; ``(3) an offender intends to facilitate, reward, or encourage an act of international terrorism that affects interstate or foreign commerce or would have affected interstate or foreign commerce had it been consummated; ``(4) an offender intends to facilitate, reward, or encourage an act of international terrorism that violates the criminal laws of the United States; ``(5) an offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of the United States Government; ``(6) an offender intends to facilitate, reward, or encourage an act of international terrorism that occurs in part within the United States and is designed to influence the policy or affect the conduct of a foreign government; ``(7) an offender intends to facilitate, reward, or encourage an act of international terrorism that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States; ``(8) the offense occurs in whole or in part within the United States, and an offender intends to facilitate, reward or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of a foreign government; or ``(9) the offense occurs in whole or in part outside of the United States, and an offender is a national of the United States, a stateless person whose habitual residence is in the United States, or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions).''. (2) Technical and conforming amendments.-- (A) Table of sections.--The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``2339D. Receiving military-type training from a foreign terrorist organization. ``2339E. Providing material support to international terrorism.''. (B) Other amendment.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting ``2339E (relating to providing material support to international terrorism),'' before ``or 2340A (relating to torture)''. (b) Increased Penalties for Providing Material Support to Terrorists.-- (1) Providing material support to designated foreign terrorist organizations.--Section 2339B(a) of title 18, United States Code, is amended by striking ``15 years'' and inserting ``25 years''. (2) Providing material support or resources in aid of a terrorist crime.--Section 2339A(a) of title 18, United States Code, is amended by striking ``15 years'' and inserting ``40 years''. (3) Receiving military-type training from a foreign terrorist organization.--Section 2339D(a) of title 18, United States Code, is amended by striking ``ten years'' and inserting ``15 years''. (4) Addition of attempts and conspiracies to an offense relating to military training.--Section 2339D(a) of title 18, United States Code, is amended by inserting ``, or attempts or conspires to receive,'' after ``receives''. SEC. 3. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS. (a) Penalties for Terrorist Murder and Manslaughter.--Section 2332(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``fined under this title'' and all that follows and inserting ``punished as provided under section 1111(b);''; and (2) in paragraph (2), by striking ``fined under this title'' and all that follows and inserting ``punished as provided under section 1112(b); and''. (b) Addition of Offense of Terrorist Kidnapping.--Section 2332 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Kidnapping.--Whoever outside the United States unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away, or attempts or conspires to seize, confine, inveigle, decoy, kidnap, abduct or carry away, a national of the United States shall be punished as provided under section 1201(a).''. (c) Addition of Sexual Assault to Definition of Offense of Terrorist Assault.--Section 2332(d) of title 18, United States Code, as redesignated by subsection (b) of this section, is amended-- (1) in paragraph (1), by inserting ``(as defined in section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242)'' after ``injury''; (2) in paragraph (2), by inserting ``(as defined in section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242)'' after ``injury''; and (3) by striking the matter following paragraph (2) and inserting the following: ``shall be punished as provided under section 2242.''.

Terrorism Prevention and Deterrence Act of 2007 - Amends the federal criminal code to impose a fine and/or prison term of up to 25 years (or a life term if a death results) for providing, or attempting or conspiring to provide, material support or resources to a perpetrator of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage any act of international terrorism. Provides for expanded jurisdictional bases for prosecuting such offense. Increases prison terms for providing material support to terrorists and foreign terrorist organizations and for receiving military-type training from a foreign terrorist organization. Prohibits attempts or conspiracies to receive such training. Increases criminal penalties for terrorist murders or manslaughters of U.S. nationals outside the United States. Specifies separate criminal penalties for kidnappings and sexual abuse of U.S. nationals outside the United States.

A bill to prohibit the rewarding of suicide bombings, to prohibit terrorist kidnappings and sexual assaults, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fostering American Independence from Regressive and Abusive Credit Transactions Act of 2008'' or the ``FAIR Act''. SEC. 2. MAXIMUM INTEREST RATES; PROHIBITION ON PAYDAY LENDING. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140. MAXIMUM RATE OF INTEREST; PROHIBITION ON PAYDAY LENDING. ``(a) Interest Limit.--No covered creditor may make an extension of credit to a consumer with respect to which the annual percentage rate, as defined in subsection (b), exceeds 36 percent, or such lower limit as is provided under otherwise applicable State or Federal law, including section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527). ``(b) Payday Loan Prohibition.--Notwithstanding any other provision of law, no covered creditor may-- ``(1) cash or advance money for a post-dated check in exchange for a fee or other payment of interest, other than as otherwise authorized for the payment of a preexisting debt; or ``(2) hold a check, require electronic access to an account at a financial institution, or hold title to personal property (except in connection with the purchase or rental of such personal property) as collateral for a loan or other extension of credit. ``(c) Definition of Annual Percentage Credit Rate and Covered Creditor.--For purposes of this section-- ``(1) the `annual percentage rate' includes all charges payable directly or indirectly incident to, ancillary to, or as a condition of the extension of credit, including-- ``(A) any payment compensating a creditor or prospective creditor for an extension of credit or making available a line of credit, or any default or breach by a borrower of a condition upon which credit was extended, including fees connected with credit extension or availability, such as numerical periodic rates, late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, over limit fees, annual fees, cash advance fees, and membership fees; ``(B) all fees which constitute a finance charge, as defined by rules of the Board in accordance with this title; ``(C) credit insurance premiums, whether optional or required; and ``(D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction; and ``(2) the term `covered creditor' means a creditor other than an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)). ``(d) Mandatory Disclosures.--In addition to any other disclosures required by this title, a covered creditor shall, with respect to an extension of consumer credit, provide to the consumer in writing, at or before the issuance of such credit-- ``(1) a statement of the annual percentage rate applicable to the extension of credit; and ``(2) a clear description of the payment obligations of the consumer. ``(e) Relation to State Law.--Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. ``(f) Civil Liability and Enforcement.--In addition to remedies available to the consumer under section 130(a), any consumer credit transaction made in violation of this section shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or set off to an action to collect such debt or repossess related security at any time. ``(g) Violations.--Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of-- ``(1) 3 times the amount of the total accrued debt associated with the subject transaction; or ``(2) $50,000. ``(h) State Attorneys General.--An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction, not later than 3 years after the date of the violation, and may obtain injunctive relief.''. SEC. 3. SMALL-DOLLAR LOAN PROGRAM. (a) Establishment.--The Federal Deposit Insurance Corporation (in this Act referred to as the ``Corporation'') shall establish, by rule, a program to encourage insured depository institutions to incorporate small consumer loans into their regular banking services. (b) Program Components.--The loan program established under this section shall-- (1) be voluntary in nature; (2) allow for loan amounts of $1,000 or less; (3) provide for-- (A) amortization periods of not longer than 36 months, in the case of closed end credit plans; and (B) minimum regular payments that are designed to reduce outstanding principal amounts, in the case of loans under an open end credit plan; (4) prohibit the imposition of-- (A) prepayment penalties; and (B) origination or maintenance fees that exceed the true cost of the loan to the financial institution; and (5) provide for an automatic savings component. (c) Community Reinvestment Act Treatment.--Participation in the loan program established under this Act shall be a factor in the determination by the appropriate Federal financial supervisory agency of whether an insured depository institution is meeting the credit needs of its community for purposes of the Community Reinvestment Act of 1977. (d) Definitions.--As used in this section-- (1) the term ``appropriate Federal financial supervisory agency'' has the same meaning as in section 803 of the Community Reinvestment Act of 1977 (12 U.S.C. 2902); (2) the term ``closed end credit plan'' means an extension of credit for a fixed period of time, other than an extension of credit that is secured by a dwelling or other real property; (3) the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (4) the term `` open end credit plan'' has the same meaning as in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (e) Regulatory Actions.--The Corporation shall issue such regulations as may be necessary to carry out this section, including with respect to the definition of terms (other than as provided in subsection (d)). SEC. 4. STUDY AND REPORT ON BEST PRACTICES. (a) Study.--The Federal Deposit Insurance Corporation and the National Credit Union Administration shall each conduct a study of best practices to provide incentives for mainstream financial institutions to provide small dollar amount loans to consumers, including innovative State and local programs, private sector, and not-for-profit initiatives. (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Federal Deposit Insurance Corporation and the National Credit Union Administration shall each submit a report to Congress on the results of the study conducted under subsection (a).

Fostering American Independence from Regressive and Abusive Credit Transactions Act of 2008 or the FAIR Act - Amends the Truth in Lending Act to prescribe a maximum annual percentage rate (APR) of 36% for any extension of credit to a consumer. Prohibits a creditor from: (1) cashing or advancing money for a post-dated check in exchange for a fee or other payment of interest, other than as otherwise authorized for the payment of a preexisting debt; or (2) holding a check, requiring electronic access to an account at a financial institution, or holding title to personal property as collateral for a loan or other extension of credit (except in connection with the purchase or rental of such personal property). Requires a creditor to provide to the consumer in writing at or before the issuance of credit: (1) the applicable APR; and (2) a clear description of payment obligations. Declares null and void and unenforceable any consumer credit transaction made in violation of this Act. Requires the creditor or subsequent holder to promptly return to the consumer any principal, interest, charges, fees, and any security interest associated with such a transaction. Subjects violations of this Act to specified civil and criminal penalties. Directs the Federal Deposit Insurance Corporation (FDIC) to establish a program to encourage insured depository institutions to incorporate small consumer loans of $1,000 or less into their regular banking services. Includes participation in the loan program established under this Act as a factor in the determination by the appropriate federal financial supervisory agency of whether an insured depository institution is meeting the credit needs of its community under the Community Reinvestment Act of 1977. Directs the FDIC and the National Credit Union Administration to study and report to Congress on best practices to provide incentives for mainstream financial institutions to provide small dollar amount loans to consumers, including innovative state and local programs, private sector, and not-for-profit initiatives.

A bill to combat predatory lending practices and to provide access to capital to those living in low-income and traditionally underserved communities, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``PAC Elimination Act''. (b) Findings.--Congress finds the following: (1) Congress now faces a crisis of public confidence about its ability to conduct the people's business. (2) Members of Congress, their relatives, lobbyists, insider-controlled nonprofit organizations, and interest groups have been accused of acting surreptitiously and in concert to enrich themselves at the expense of the public. (3) A government of the people, by the people, and for the people cannot be a government where influence is purchasable. (4) Political action committees in particular represent a narrow fraction of the public viewpoint and generally have few ties, if any, to the State or district from which the member of Congress is elected. (5) The primary recipients of PAC contributions are incumbents, particularly the most powerful members of Congress. (6) The public objects to the establishment of a new political class, a privileged group with perks, amenities, and job security unavailable to average Americans. The public also objects to tilting the electoral landscape to the advantage of a few. (7) If Congress fails to respond appropriately to limit the costs of elections and the perks of power, it will become a legislative body in which the small businessman, the farmer, the day laborer, and the stay-at-home parent are only secondarily represented. (8) Campaign finance reform is the unfinished business of a Congress in disrepute. SEC. 2. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN FEDERAL ELECTIONS. (a) Ban on PACs.-- (1) In general.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on activities of political action committees ``Sec. 325. Notwithstanding any other provision of this Act, no person other than an individual or a political committee may make contributions, solicit or receive contributions, or make expenditures for the purpose of influencing an election for Federal office.''. (2) Revision of Definition of Political Committee.--Section 301(4) of such Act (2 U.S.C. 431(4)) is amended to read as follows: ``(4) The term `political committee' means-- ``(A) the principal campaign committee of a candidate; ``(B) any national, State, or district committee of a political party, including any subordinate committee thereof; ``(C) any local committee of a political party which-- ``(i) receives contributions aggregating in excess of $5,000 during a calendar year, ``(ii) makes payments exempted from the definition of contribution or expenditure under paragraph (8) or (9) aggregating in excess of $5,000 during a calendar year, or ``(iii) makes contributions or expenditures aggregating in excess of $1,000 during a calendar year; and ``(D) any committee jointly established by a principal campaign committee and any committee described in subparagraph (B) or (C) for the purpose of conducting joint fundraising activities.''. (b) Rules Applicable When Ban not in Effect.--For purposes of the Federal Election Campaign Act of 1971, during any period after the effective date of this Act in which the limitation on making contributions under section 325 of that Act (as added by subsection (a)) is not in effect-- (1) the amendments made by subsection (a) shall not be in effect; and (2) the limitation amount under section 315(a)(2)(A) of such Act shall be $1,000. SEC. 3. ADDITIONAL LIMITATIONS ON CONTRIBUTIONS BY POLITICAL ACTION COMMITTEES. (a) Alternative Limitation on Aggregate Amount of Contributions Made by Multicandidate Committee to Any Candidate.-- (1) In general.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking the semicolon at the end and inserting the following: ``, or an amount equal to 10 percent of the aggregate amount of contributions received by the candidate and the committees from all sources, whichever is lesser;''. (2) Return of excess contributions by candidates.--Section 315(f) of such Act (2 U.S.C. 441a(f)) is amended-- (A) by striking ``(f)'' and inserting ``(f)(1)''; and (B) by adding at the end the following new paragraph: ``(2) A candidate (or the authorized committees of a candidate) who receives a contribution from a multicandidate political committee in excess of the amount allowed under subsection (a)(2)(A) shall return the amount of such excess contribution to the contributor.''. (b) Limitation on Aggregate Amount of Contributions Made by Multicandidate Committee to All Candidates.--Section 315(a) of such Act (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) Notwithstanding any other provision of this Act, during each two-year period beginning on January 1 of an odd-numbered year, the total amount of contributions of a nonparty multicandidate political committee to all candidates for Federal office and their authorized political committees shall not exceed $500,000.''. SEC. 4. REQUIRING NOT LESS THAN 80 PERCENT OF CANDIDATE FUNDS TO COME FROM IN-STATE INDIVIDUALS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(k) Percentage of Candidate Contributions Required to Come From in-State Individuals.--With respect to each reporting period for an election, not less than 80 percent of the total of contributions accepted by a candidate shall be from individuals-- ``(1) who are residents of the State involved or the State in which the Congressional district involved is located, in the case of a candidate for the office of Senator or Representative in the Congress; or ``(2) who are residents of the jurisdiction the candidate seeks to represent, in the case of a candidate for the office of Delegate or Resident Commissioner to the Congress.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after December 2006.

PAC Elimination Act - Amends the Federal Election Campaign Act of 1971 to prohibit any person, other than an individual or a candidate's or party's political committee, from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for federal office. Provides for additional limitations on contributions by multicandidate political action committees. Requires at least 80% of candidate funds to come from in-state individuals.

To amend the Federal Election Campaign Act of 1971 to prohibit nonparty multicandidate political committees from making contributions in support of campaigns for election for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health as Youth Skills In Classrooms And Life Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Childhood obesity has reached epidemic proportions in the United States. (2) Researchers estimate that the medical costs of the obesity epidemic in the United States may total $270,000,000,000 annually. (3) More than one-third of children and adolescents are estimated to be overweight or obese. (4) Of all United States deaths from major chronic disease, 23 percent are linked to sedentary lifestyles that now begin at childhood. (5) Overweight adolescents have a 70- to 80-percent chance of becoming overweight adults, increasing their risk for chronic disease, disability, and death. (6) Studies show that children born today, for the first time in 2 centuries, have a shorter life expectancy than their parents. (7) According to the Centers for Disease Control and Prevention in 2006-- (A) 1 in 5 students in grades 9-12 seriously considers suicide; (B) 1 in 3 12th graders, 1 in 4 10th graders, and 1 in 10 8th graders binge drink; and (C) 1 in 10 children suffer mental illness causing some level of impairment. (8) Studies show that-- (A) students who receive social-psychological support and prevention have improved academic achievement; (B) instruction in personal and social skills improves decisionmaking and reduces risky health behaviors; and (C) comprehensive programs linking rigorous instruction with health, education, social services, and health services in schools can reduce absenteeism. (9) The American Association for Health Education recommends that students receive a minimum of 50 hours of health education per year in order to ensure health literacy. (10) According to the Centers for Disease Control and Prevention, only 6.4 percent of elementary schools, 20.6 percent of middle schools, and 35.8 percent of high schools require health instruction in all 14 recommended health topics and only 3.8 percent of elementary schools, 7.8 percent of middle schools, and 2.1 percent of high schools provide daily physical education or its equivalent. (11) The Institute of Medicine in 2004 reported that enhanced school health education programs are essential to developing a health literate society in the United States as the Nation faces increasing health care challenges. (12) According to the Centers for Disease Control and Prevention, studies suggest that physical activity can impact cognitive skills and attitudes, and important components of improved academic performance, including enhanced concentration and attention as well as improved classroom behavior. (13) The White House Task Force on Childhood Obesity Report recommends increasing the quality and frequency of sequential, age, and developmentally appropriate physical education for all students, taught by certified physical education teachers. (14) The National Association for Sport and Physical Education recommends that elementary school students receive 150 minutes per week of physical education and that middle school and high school students receive 225 minutes per week of physical education. (15) The American school system is already situated to reach 50,000,000 children and youth to provide the health and physical education they need and a place for them to engage in these behaviors, such as nutritious eating and participating in physical activity. (16) Military readiness is vulnerable, as almost 30 percent of 17- to 24-year-olds are too overweight to serve in the U.S. military. (17) Physical education and health education are critical to combating these harmful trends and are key components to educating the whole child. SEC. 3. OFFICE OF SAFE AND HEALTHY STUDENTS. Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 221. OFFICE OF SAFE AND HEALTHY STUDENTS. ``(a) Office of Safe and Healthy Students.--There shall be an Office of Safe and Healthy Students (referred to in this section as the `Office') in the Department of Education to advise the Secretary on Departmental matters related to health education, physical education, and providing a safe and supportive school climate for students' learning, including promoting the acquisition of knowledge and skills needed to be healthy, productive citizens. The Office shall assume the responsibilities of the Office of Safe and Drug-Free Schools and expand such responsibilities and oversight for broader health and physical education issues. ``(b) Director.-- ``(1) Appointment and reporting.--The Office shall be under the direction of a Director, who shall be appointed by the Secretary and who shall report directly to the Deputy Secretary. ``(2) Duties.--The Director shall-- ``(A) promote health education activities designed to prevent, protect, and remediate the health and safety of students, including nutrition, health literacy, mental health, bullying, physical activity, and drug and alcohol abuse; ``(B) promote physical education in elementary schools and secondary schools; ``(C) coordinate such activities within the Department of Education and with other agencies and organizations sharing a similar mission, including the Department of Health and Human Services, the Department of Agriculture, and the Department of Justice; ``(D) administer, coordinate, and recommend policy for improving quality and excellence of programs and activities that are designed to-- ``(i) provide financial assistance for activities that promote the health, safety, and well-being of students in elementary schools, secondary schools, and institutions of higher education, that are carried out by State educational agencies, local educational agencies, tribal schools, and public or private nonprofit organizations; ``(ii) participate in the formulation and development of education program policy and legislative proposals and in overall Department policies related to health and safety promotion in schools; ``(iii) participate in interagency committees, groups, and partnerships related to health and safety promotion, that includes drug and violence prevention (including bullying prevention), coordinating with other Federal agencies on issues related to comprehensive school health and physical education, and advising the Secretary on the formulation of comprehensive policies related to school health and physical education; ``(iv) participate with other Federal agencies in the development of a national research agenda for health, physical activity, and safety promotion, prevention and reduction of risky health behaviors, and positive youth development, and serve as a clearinghouse for research data documenting the connection between student health, safety, and academic performance, attendance and future job success; ``(v) serve a coordinating function within the Department to identify all programs that address any aspect of student health and safety promotion within schools and ensure that the programs work in a coordinated manner; ``(vi) analyze data to assess progress and achievement of relevant national health objectives for the Nation; and ``(vii) serve as a clearinghouse for local educational agencies and schools needing technical assistance in addressing student health and safety issues; and ``(E) submit a biennial report to Congress regarding-- ``(i) the expansion of-- ``(I) physical education, health education and school health programs, and the improvement of student knowledge, skills, and behavior; and ``(II) teachers and others prepared to provide such programs and services; and ``(ii) the integration of physical activity and health programs throughout the school day, including before and after school and in the community.''. SEC. 4. HEALTH EDUCATION AND PHYSICAL EDUCATION. (a) Definitions.--Section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)) is amended by striking ``and geography'' and inserting ``geography, physical education, and health education''. (b) Assessments.--Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following: ``(E) Assessments for health education and physical education.--Notwithstanding any other provision of this Act, each State shall determine the most feasible measure for assessing students in health education and physical education, including the use of adaptive assessments, to measure student knowledge and performance according to State standards and benchmarks.''. SEC. 5. HEALTH EDUCATION GRANT PROGRAM. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--HEALTH EDUCATION ``SEC. 4401. HEALTH EDUCATION PROGRAMS. ``(a) Purpose.--It is the purpose of this section to award grants and contracts to initiate, expand, and improve health education programs for all kindergarten through 12th-grade students. ``(b) Establishment.--The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies, including tribal schools and tribal school education agencies, community-based organizations, and nonprofit organizations to initiate, expand, and improve health education programs for kindergarten through grade 12 students, especially in rural areas, by-- ``(1) providing resources and support to enable students to develop health literacy and skills to live more healthfully; ``(2) developing or enhancing health education curricula to meet national goals for health education developed by the Secretary in consultation with the Director of the Centers for Disease Control and Prevention; ``(3) providing funds for technology, curriculum, related materials, and training, including on-line learning; and ``(4) providing funds for professional development for teachers, school nurses, wellness coordinators, and other personnel involved in student health. ``(c) Application.-- ``(1) Submission.--Each local educational agency, community-based organization, or nonprofit organization desiring a grant or contract under this section shall submit to the Secretary an application that contains a plan to initiate, expand, or improve health education programs in order to make progress toward meeting State or national standards for health education. ``(2) Proportionality.--To the extent practicable, the Secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies, community-based organizations, and nonprofit organizations serving urban and rural areas. ``(d) Program Elements.--A health education program funded under this section may provide for 1 or more of the following: ``(1) Curriculum development activities designed to enhance school curricula efforts. ``(2) Instruction in health designed to enhance the physical, mental, and social or emotional development of every student. ``(3) Development of personal and life skills designed to reduce risky behaviors. ``(4) Opportunities to develop decisionmaking and problem solving skills. ``(5) Instruction in healthy eating habits and good nutrition. ``(6) Opportunities for professional development for teachers of health education to stay current with the latest research, issues, and trends in the field of health education. ``(7) Opportunities to assess school health curriculum needs and priorities and to assess students' progress in meeting health education standards. ``(e) Requirements.-- ``(1) Annual report to the secretary.--In order to continue receiving funding after the first year of a multi-year grant or contract under this section, the administrator of the grant or contract for the local educational agency, community-based organization, or nonprofit organization shall submit to the Secretary an annual report that-- ``(A) describes the activities conducted during the preceding year; and ``(B) demonstrates progress and achievements made toward meeting State or national standards for health education. ``(2) Administrative expenses.--Not more than 5 percent of the grant funds made available to a local educational agency, community-based organization, or nonprofit organization under this section for any fiscal year may be used for administrative expenses. ``(f) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds available for health education activities.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part D--Health Education ``Sec. 4401. Health Education Programs.''. SEC. 6. CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. (a) In General.--The Carol M. White Physical Education Program (20 U.S.C. 7261 et seq.) is amended by adding at the end the following: ``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5507 the following: ``Sec. 5508. Authorization of appropriations.''.

Promoting Health as Youth Skills In Classrooms And Life Act - Amends the Department of Education Organization Act to establish an Office of Safe and Healthy Students in the Department of Education to assume the responsibilities of the Office of Safe and Drug-Free Schools and expand such responsibilities to broader health and physical education issues. Amends the Elementary and Secondary Education Act of 1965 to include health education and physical education in the definition of "core academic subjects." Requires each state to determine the most feasible measure for assessing students in health education and physical education, including through adaptive assessments, to measure student knowledge and performance against state standards. Authorizes the Secretary of Education to award grants to, and enter into contracts with, local educational agencies (LEAs), community-based organizations, and nonprofit organizations to initiate, expand, and improve health education programs for students in kindergarten through grade 12, especially in rural areas. Authorizes appropriations for FY2012-FY2016 for the Carol M. White Physical Education Program, which provides matching grants to LEAs and community-based organizations to initiate, expand, and improve physical education programs (including after-school programs) for students in kindergarten through grade 12.

To support and encourage the health and well-being of elementary school and secondary school students by enhancing school physical education and health education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grazing Improvement Act of 2011''. SEC. 2. TERMS OF GRAZING PERMITS AND LEASES. Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended by striking ``ten years'' each place it appears and inserting ``20 years''. SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND LEASES. Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following: ``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND LEASES. ``(a) Definitions.--In this section: ``(1) Environmental analysis.--The term `environmental analysis' means an environmental assessment or an environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture, with respect to National Forest System land; and ``(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. ``(b) Renewal, Transfer, and Reissuance.--A grazing permit or lease issued by the Secretary, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived after the date of enactment of this section shall be renewed or reissued, as appropriate, under-- ``(1) section 402; ``(2) section 19 of the Act of April 24, 1950 (commonly known as the `Granger-Thye Act') (16 U.S.C. 580l); ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or ``(4) section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-50). ``(c) Terms; Conditions.--The terms and conditions contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. ``(d) Cancellation; Suspension; Modification.--A permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. ``(e) Compliance With National Environmental Policy Act of 1969.-- ``(1) In general.--The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental analysis if the decision continues the current grazing management of the allotment. ``(2) Applicability regarding permits and leases with minor modifications.--If the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned contains only minor modifications from the grazing permit or lease that is the subject of the renewal, reissuance, or transfer, the grazing permit or lease shall be categorically excluded from the requirement to prepare an environmental analysis if-- ``(A) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land and resource management plan of the allotment, as determined by the Secretary concerned; and ``(B) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. ``(f) Priority and Timing for Completing Environmental Analyses.-- ``(1) In general.--Notwithstanding section 504 of the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 (Public Law 104-19; 109 Stat. 212), the Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. ``(2) Applicability.--This subsection shall not apply to the renewal, reissuance, or transfer of a grazing permit or lease that is categorically excluded under subsection (e).''. SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO GRAZING APPEALS. (a) Forest and Rangeland Renewable Resources Planning Act of 1974.--Section 14 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1612) is amended by adding at the end the following: ``(c) Applicability of Administrative Procedure Act.--With respect to a decision by the Secretary of Agriculture regarding a grazing permit, an appeal by a grazing permittee shall be conducted in accordance with subchapter II of chapter 5 of title 5, United States Code.''. (b) Federal Land Policy and Management Act of 1976.--Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended by adding at the end the following: ``(i) Applicability of Administrative Procedure Act.-- ``(1) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture, with respect to National Forest System land; and ``(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. ``(2) Applicability of administrative procedure act.--With respect to a decision by the Secretary concerned regarding a grazing permit or lease, an appeal by a grazing permittee shall be conducted in accordance with subchapter II of chapter 5 of title 5, United States Code. ``(3) Deadline for filing appeals.--An appeal made under this subsection shall be filed not later than 30 days after the date on which a decision described in paragraph (2) is made. ``(4) Suspension of decisions.-- ``(A) In general.--Except as otherwise provided in this subsection, each decision by the Secretary concerned regarding a grazing permit or lease that is appealed under this subsection shall be suspended until the date on which the appeal is resolved. ``(B) Determination by secretary concerned.--A decision described in subparagraph (A) may not be suspended if the Secretary concerned (including any other authorized official) determines there is an emergency regarding a deterioration of resources. ``(5) Continued use of grazing permit or lease.--Except in a situation in which grazing use for the preceding year was authorized on a temporary basis, an applicant who was granted grazing use in the preceding year may continue at the level of authorized active use until the date on which the appeal is resolved.''.

Grazing Improvement Act of 2011 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years). Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, Granger-Thye Act, Bankhead-Jones Farm Tenant Act, or California Desert Protection Act of 1994. Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the requirement under the National Environmental Policy Act of 1969 (NEPA) to prepare an environmental analysis if such decision continues current grazing management of the allotment. Makes provisions of the Administrative Procedure Act applicable to appeals made by grazing permittees regarding grazing permits or leases under the Act and the Forest and Rangeland Renewable Resources Planning Act of 1974.

A bill to amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act''. SEC. 2. CRIME VICTIMS' RIGHTS. (a) Amendment to Title 18.--Part II of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 237--CRIME VICTIMS' RIGHTS ``Sec. ``3771. Crime victims' rights. ``Sec. 3771. Crime victims' rights ``(a) Rights of Crime Victims.--A crime victim has the following rights: ``(1) The right to be reasonably protected from the accused. ``(2) The right to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused. ``(3) The right not to be excluded from any such public proceeding. ``(4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. ``(5) The right to confer with the attorney for the Government in the case. ``(6) The right to full and timely restitution as provided in law. ``(7) The right to proceedings free from unreasonable delay. ``(8) The right to be treated with fairness and with respect for the victim's dignity and privacy. ``(b) Rights Afforded.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). The reasons for any decision denying relief under this chapter shall be clearly stated on the record. ``(c) Best Efforts To Accord Rights.-- ``(1) Government.--Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). ``(2) Conflict.--In the event of any material conflict of interest between the prosecutor and the crime victim, the prosecutor shall advise the crime victim of the conflict and take reasonable steps to direct the crime victim to the appropriate legal referral, legal assistance, or legal aid agency. ``(3) Notice.--Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. ``(d) Enforcement and Limitations.-- ``(1) Rights.--The crime victim, the crime victim's lawful representative, and the attorney for the Government may assert the rights established in this chapter. A person accused of the crime may not obtain any form of relief under this chapter. ``(2) Multiple crime victims.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights contained in this chapter, the court shall fashion a procedure to give effect to this chapter. ``(3) Writ of mandamus.--If a Federal court denies any right of a crime victim under this chapter or under the Federal Rules of Criminal Procedure, the Government or the crime victim may apply for a writ of mandamus to the appropriate court of appeals. The court of appeals shall take up and decide such application forthwith and shall order such relief as may be necessary to protect the crime victim's ability to exercise the rights. ``(4) Error.--In any appeal in a criminal case, the Government may assert as error the district court's denial of any crime victim's right in the proceeding to which the appeal relates. ``(5) New trial.--In no case shall a failure to afford a right under this chapter provide grounds for a new trial. ``(6) No cause of action.--Nothing in this chapter shall be construed to authorize a cause of action for damages. ``(e) Definitions.--For the purposes of this chapter, the term `crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative. ``(f) Procedures To Promote Compliance.-- ``(1) Regulations.--Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. ``(2) Contents.--The regulations promulgated under paragraph (1) shall-- ``(A) establish an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; ``(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; ``(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and ``(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.''. (b) Table of Chapters.--The table of chapters for part II of title 18, United States Code, is amended by inserting at the end the following: ``237. Crime victims' rights................................ 3771''. (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10606) is repealed. SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS. (a) Crime Victims Legal Assistance Grants.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404C the following: ``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS. ``(a) In General.--The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims' rights as provided in law. ``(b) False Claims Act.--Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the `False Claims Act'), may be used for grants under this section, subject to appropriation.''. (b) Authorization of Appropriations.--In addition to funds made available under section 1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this Act-- (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs; (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the Victim Notification System; (3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the appropriation for the support of the National Crime Victim Law Institute or other organizations as designated under paragraph (4); (4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of-- (A) the National Crime Victim Law Institute and the establishment and operation of the Institute's programs to provide counsel for victims in criminal cases for the enforcement of crime victims' rights in Federal jurisdictions, and in States and tribal governments that have laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code; or (B) other organizations substantially similar to that organization as determined by the Director of the Office for Victims of Crime. (c) Increased Resources To Develop State-of-the-Art Systems for Notifying Crime Victims of Important Dates and Developments.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404D the following: ``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS. ``(a) In General.--The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. ``(b) Integration of Systems.--Systems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. ``(c) Authorization of Appropriations.--In addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for fiscal year 2005; and ``(2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. ``(d) False Claims Act.--Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the `False Claims Act'), may be used for grants under this section, subject to appropriation.''. SEC. 4. REPORTS. (a) Administrative Office of the United States Courts.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached. (b) General Accounting Office.-- (1) Study.--The Comptroller General shall conduct a study that evaluates the effect and efficacy of the implementation of the amendments made by this Act on the treatment of crime victims in the Federal system. (2) Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees a report containing the results of the study conducted under subsection (a). Passed the Senate April 22, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of, and to not be excluded from, any public proceeding involving the crime or of any release or escape of the accused; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for his or her dignity and privacy. Directs the court to ensure that a victim is afforded these rights in any proceeding involving the offense and to clearly state on the record the reasons for any decision denying relief under this Act. Requires officers and employees of the Department of Justice (DOJ) and other departments and agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that crime victims are notified of, and accorded, these rights. Requires the prosecutor to advise a crime victim of any material conflict of interest between the prosecutor and the victim, and to take reasonable steps to direct the victim to the appropriate legal referral, legal assistance, or legal aid agency. Provides that notice of release otherwise required under this Act shall not be given if it may endanger the safety of any person. Authorizes the crime victim, the victim's lawful representative, and the Government attorney to assert the rights established under this Act. Directs the court, in a case where it finds that the number of victims makes it impracticable to accord all of the victims the rights contained in this Act, to fashion a procedure to give effect to this Act. Authorizes the Government or the crime victim to apply for a writ of mandamus to the appropriate appeals court if a Federal court denies any right of a crime victim under this Act or under the Federal Rules of Criminal Procedure. Directs the court of appeals to decide such application and order such relief as necessary to protect the victim's ability to exercise these rights. Allows the Government, in any appeal in a criminal case, to assert as error the district court's denial of a victim's right in a proceeding. Provides that in no case shall a failure to afford a right under this Act provide grounds for a new trial. Directs the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with obligations respecting crime victims. Repeals victims' rights provisions of the Victims' Rights and Restitution Act of 1990. (Sec. 3) Amends the Victims of Crime Act of 1984 to authorize the Director of DOJ's Office for Victims of Crime (Office) to make grants to: (1) develop, establish, and maintain programs for the enforcement of crime victims' rights; and (2) develop and implement state-of-the-art systems for notifying crime victims of important dates and developments relating to criminal proceedings in a timely and efficient manner, provided that the jurisdiction has substantially equivalent provisions. Authorizes appropriations for: (1) U.S. Attorneys Offices for Victim/Witnesses Assistance Programs; (2) the Office for enhancement of the Victim Notification System and for staff to administer the appropriation for the support of the National Crime Victim Law Institute or other specified organizations; and (3) the Office for support of the Institute and the establishment and operation of the Institute's programs to provide counsel for victims in criminal cases for the enforcement of crime victims' rights in Federal jurisdictions, and in States and tribal governments that have substantially equivalent provisions, or for other substantially similar organizations. (Sec. 4) Directs the Administrative Office of the United States Courts, for each Federal court, to annually report to Congress on: (1) the number of times that a right under this Act is asserted in a criminal case and the relief requested is denied (and the reason for such denial); and (2) the number of times a mandamus action is brought pursuant to this Act and the result reached. Requires the Comptroller General to study and report to Congress on the effect and efficacy of the implementation of this Act on the treatment of crime victims in the Federal system.

A bill to protect crime victims' rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``External Regulation of the Department of Energy Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Department of Energy has studied external regulation for nine years. (2) The Department has already conducted a successful pilot program that demonstrated the utility of moving to external regulation of the nonmilitary energy laboratory complex. (3) Managers of the nonmilitary energy laboratories, the General Accounting Office, the Nuclear Regulatory Commission, and the Occupational Safety and Health Administration all agree that external regulation is both workable and desirable. (4) The safety of the Department of Energy's nonmilitary energy laboratories, both for the workers in the laboratories and the people that live near them, is of paramount importance. (5) Putting the Department of Energy out of the self- regulation business would free up more resources in the nonmilitary energy laboratories to conduct the critical scientific missions for which those laboratories have been established. (6) It is time to terminate the Department of Energy's self-regulation of nuclear and worker safety in the nonmilitary energy laboratory complex and move to external regulation by the experts in these issues, the Nuclear Regulatory Commission and the Occupational Safety and Health Administration. SEC. 3. ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY. Effective October 1, 2003, the Department of Energy shall have no regulatory or enforcement authority with respect to nuclear safety and occupational safety and health responsibilities assumed by the Nuclear Regulatory Commission under section 4 or by the Occupational Safety and Health Administration under section 5 at any nonmilitary energy laboratory owned or operated by the Department. SEC. 4. NUCLEAR REGULATORY COMMISSION AUTHORITY. (a) Nuclear Safety Regulatory and Enforcement Responsibilities.-- Effective October 1, 2003, the Nuclear Regulatory Commission shall assume the nuclear safety regulatory and enforcement responsibilities of the Department of Energy under the Atomic Energy Act of 1954 with regard to nonmilitary energy laboratories owned or operated by the Department. (b) Licensed Entities.--For the purposes of carrying out at nonmilitary energy laboratories owned or operated by the Department of Energy regulatory and enforcement responsibilities described in subsection (a), the Nuclear Regulatory Commission may regulate, through licensing, certification, or other appropriate means, the Department, the Department's contractors, or both. (c) Decommissioning.--A contractor operating a nonmilitary energy laboratory owned by the Department of Energy shall not be responsible for the costs of decommissioning that facility. No enforcement action may be taken against such contractor for any violation of Nuclear Regulatory Commission decommissioning requirements, if such violation is the result of a failure of the Department to authorize or fund decommissioning activities. The Nuclear Regulatory Commission and the Department shall, not later than January 1, 2004, enter into a memorandum of understanding establishing decommissioning procedures and requirements for nonmilitary energy laboratories owned or operated by the Department. (d) Administration.--The responsibilities assumed by the Nuclear Regulatory Commission under this section shall be administered by the Nuclear Regulatory Commission, not by States. (e) Judicial Review.--Section 189 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the following paragraph after paragraph (4): ``(5) Any final order or regulation of the Commission establishing standards to govern nonmilitary energy laboratories owned or operated by the Department of Energy that are issued to implement the Commission's responsibilities under the External Regulation of the Department of Energy Act, and any final determination of the Commission relating to whether a nonmilitary energy laboratory owned or operated by the Department is in compliance with such standards and all applicable Commission regulations or orders.''. (f) Employee Protection.--Any Department of Energy contractor operating a nonmilitary energy laboratory that is regulated by the Nuclear Regulatory Commission under this section shall be subject to section 211 of the Energy Reorganization Act of 1974 (41 U.S.C. 5851) to the same extent as any other employer subject to such section 211. (g) Conflict of Interest.--Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts, agreements, or other arrangements of the Nuclear Regulatory Commission proposed or entered into pursuant to its responsibilities assumed under this section. SEC. 5. OCCUPATIONAL SAFETY AND HEALTH. (a) OSHA Jurisdiction.--Notwithstanding section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) and any other provision of law, effective October 1, 2003, the Occupational Safety and Health Administration shall assume the regulatory and enforcement responsibilities of the Department of Energy relating to matters covered by the Occupational Safety and Health Act of 1970 with regard to all nonmilitary energy laboratories owned or operated by the Department, except as provided in subsection (b). Any Department contractor operating such a laboratory shall, with respect to matters relating to occupational safety and health, be considered to be an employer for purposes of the Occupational Safety and Health Act of 1970. (b) Regulation of Hazards Containing Radiological and Non- Radiological Component.--If a hazard at a nonmilitary energy laboratory owned or operated by the Department presents a risk of occupational exposure and contains both a radiological and non-radiological component, the Occupational Safety and Health Administration and the Nuclear Regulatory Commission shall, effective October 1, 2003, share regulatory and enforcement responsibilities with respect to the hazard in accordance with the memorandum of understanding entered into pursuant to section 6. SEC. 6. MEMORANDUM OF UNDERSTANDING. The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, before January 1, 2003, enter into and transmit to the Congress a memorandum of understanding to govern the exercise of their respective authorities over nuclear safety and occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy. SEC. 7. CIVIL PENALTIES. The Department of Energy's contractor operating a nonmilitary energy laboratory owned or operated by the Department shall not be liable for civil penalties under the Atomic Energy Act of 1954 or the Occupational Safety and Health Act of 1970 for any actions taken before October 1, 2003, pursuant to the instructions of a Federal agency in preparation for the transfer of regulatory and enforcement responsibilities required by this Act. SEC. 8. INDEMNIFICATION. The Secretary of Energy shall continue to indemnify nonmilitary energy laboratories owned or operated by the Department in accordance with the provisions of section 170 d. of the Atomic Energy Act of 1954. SEC. 9. DEPARTMENT OF ENERGY REPORTING REQUIREMENT. By April 1, 2003, the Secretary of Energy shall transmit to the Committee on Energy and Commerce, the Committee on Science, and the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, a plan for the termination of the Department's regulatory and enforcement responsibilities for nonmilitary energy laboratories owned or operated by the Department required by this Act. The report shall include-- (1) a detailed transition plan, drafted in coordination with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration, giving the schedule for termination of self-regulation authority as outlined in section 3, including the activities to be coordinated with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration; (2) a description of any issues remaining to be resolved with the Nuclear Regulatory Commission, the Occupational Safety and Health Administration, or other external regulators, and a timetable for resolving such issues before October 1, 2003; and (3) an estimate of-- (A) the annual cost of administering and implementing self-regulation of the nuclear safety and occupational safety and health responsibilities described in sections 4 and 5 at nonmilitary energy laboratories owned or operated by the Department; (B) the number of Federal and contractor employees administering and implementing such self-regulation; and (C) the extent and schedule by which the Department and the staffs at its nonmilitary energy laboratories will be reduced as a result of implementation of this Act.

External Regulation of the Department of Energy Act - Eliminates Department of Energy (DOE) regulatory or enforcement authority at any nonmilitary DOE energy laboratory in connection with responsibilities for nuclear safety and for occupational safety and health that are granted under this Act to the Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA).Authorizes the NRC to regulate through licensing and certification both the DOE and DOE contractors.Holds a contractor operating a DOE nonmilitary energy laboratory harmless from facility decommissioning costs or from any violation of NRC decommissioning requirements if such violation results from DOE failure to authorize or fund decommissioning activities.States OSHA and the NRC both share regulatory and enforcement responsibilities regarding a hazard at a nonmilitary DOE energy laboratory that presents a risk of occupational exposure and contains both a radiological and non-radiological component.

To provide for the external regulation of nuclear safety and occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Small Business Enhancement Act of 2008''. SEC. 2. DEFINITIONS. In this Act, the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively. SEC. 3. RURAL AREAS. Section 34(e)(2) of the Small Business Act (15 U.S.C. 6657d(e)(2)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Rural areas.-- ``(i) In general.--Except as provided in clause (ii), the non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this section shall be 50 cents for each Federal dollar that will be directly allocated by a recipient described in paragraph (A) to serve small business concerns located in a rural area. ``(ii) SBIR awards.--For a recipient located in a rural area that is located in a States as described in subparagraph (A)(i), the non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this section shall be 35 cents for each Federal dollar that will be directly allocated by a recipient described in paragraph (A) to serve small business concerns located in the rural area. ``(iii) Definition of rural area.--In this subparagraph, the term `rural area' has the meaning given that term in section 1393(a)(2)) of the Internal Revenue Code of 1986.''. SEC. 4. RURAL OUTREACH PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by inserting after subsection (r) the following: ``(s) Outreach.-- ``(1) Definition of eligible state.--In this subsection, the term `eligible State' means a State-- ``(A) if the total value of contracts awarded to the State during fiscal year 2004 under this section was less than $10,000,000; and ``(B) that certifies to the Administration described in paragraph (2) that the State will, upon receipt of assistance under this subsection, provide matching funds from non-Federal sources in an amount that is not less than 50 percent of the amount provided under this subsection. ``(2) Program authority.--Of amounts made available to carry out this section for each of the fiscal years 2009 through 2020, the Administrator may expend with eligible States not more than $2,000,000 in each such fiscal year in order to increase the participation of small business concerns located in those States in the programs under this section. ``(3) Amount of assistance.--The amount of assistance provided to an eligible State under this subsection in any fiscal year-- ``(A) shall be equal to twice the total amount of matching funds from non-Federal sources provided by the State; and ``(B) shall not exceed $100,000. ``(4) Use of assistance.--Assistance provided to an eligible State under this subsection shall be used by the State, in consultation with State and local departments and agencies, for programs and activities to increase the participation of small business concerns located in the State in the programs under this section, including-- ``(A) the establishment of quantifiable performance goals, including goals relating to-- ``(i) the number of program awards under this section made to small business concerns in the State; and ``(ii) the total amount of Federal research and development contracts awarded to small business concerns in the State; ``(B) the provision of competition outreach support to small business concerns in the State that are involved in research and development; and ``(C) the development and dissemination of educational and promotional information relating to the programs under this section to small business concerns in the State.''. SEC. 5. RURAL SMALL BUSINESS TECHNOLOGY PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``qualified small business concern'' means a small business concern located in a rural area; (2) the term ``rural area'' has the meaning given that term in section 1393(a)(2) of the Internal Revenue Code of 1986; and (3) the term ``small business concern'' has the same meaning as under section 3 of the Small Business Act (15 U.S.C. 632). (b) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of General Services, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing-- (1) the number of Government-owned computers in the possession of the Administration, including the number of working computers, nonworking computers, desktop computers, and laptop computers; (2) the number of Government-owned computers disposed of by the Administration during the 5-year period ending on the date of enactment of this Act, including the number of such computers that were working computers, nonworking computers, desktop computers, or laptop computers; (3) the procedures of the Administration for the disposal of Government-owned computers; and (4) the plans of the Administrator for carrying out the pilot program under subsection (c). (c) Pilot Program.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide not more than 1,000 excess Government- owned computers each year to qualified small business concerns at no cost or a reduced cost. (2) Purposes of program.--The pilot program established under paragraph (1) shall be designed to-- (A) encourage entrepreneurship in rural areas; (B) assist small business concerns in accessing technology; and (C) accelerate the growth of qualified small business concerns. (3) Termination.--The authority to conduct the pilot program under this subsection shall terminate 3 years after the date of enactment of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. SEC. 6. OFFICE OF TECHNOLOGY. (a) In General.--The Administrator shall hire not less than 5 additional full-time equivalent employees for the Office of Technology of the Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. SEC. 7. RURAL LENDING OUTREACH PROGRAM. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) by striking paragraph (25)(C); (2) by redesignating paragraph (32) relating to increased veteran participation, as added by section 208 of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (Public Law 110-186; 122 Stat. 631), as paragraph (33); and (3) by adding at the end the following: ``(34) Rural lending outreach program.-- ``(A) In general.--The Administrator shall carry out a rural lending outreach program to provide not more than an 85 percent guaranty for loans of not more than $250,000. The program shall be carried out only through lenders located in rural areas (as the term `rural' is defined in section 501(f) of the Small Business Investment Act of 1958 (15 U.S.C. 695(f))). ``(B) Loan terms.--For a loan made through the program under this paragraph-- ``(i) the Administrator shall approve or disapprove the loan within 36 hours of the time the Administrator receives the application; ``(ii) the program shall use abbreviated application and documentation requirements; and ``(iii) minimum credit standards, as the Administrator considers necessary to limit the rate of default on loans made under the program, shall apply.''.

Rural Small Business Enhancement Act of 2008 - Amends the Small Business Act to reduce state matching funds requirements for participation in the Federal and State Technology Partnership (FAST) and Small Business Innovation Research (SBIR) programs of the Small Business Administration (SBA). Revises the SBA's Rural Outreach program (a program to increase states' participation in the SBIR and Small Business Technology Transfer [STTR] programs) to: (1) make eligible for program awards states whose total value of SBIR and STTR contracts awarded during FY2004 was less than $10 million and will match federal funding on a 50% basis; (2) reauthorize the program for FY2009-FY2020; and (3) require award funds to be used to increase state participation in the SBIR and STTR programs. Requires a report from the SBA Administrator to the congressional small business committees on the number of government-owned computers in possession of, and recently disposed by, the SBA. Directs the Administrator to establish a pilot program to annually provide up to 1,000 excess government-owned computers to small businesses at no cost or a reduced cost. Requires the Administrator to hire at least five additional full-time employees for the SBA's Office of Technology. Directs the Administrator to carry out a rural lending outreach program to provide up to an 85% guaranty of loans of not more than $250,000.

A bill to improve access to technology by and increase entrepreneurship among small businesses located in rural communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Naval Station Guantanamo Bay Preservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United States Naval Station, Guantanamo Bay, Cuba, has been a strategic military asset critical to the defense of the United States and the maintenance of regional security for more than a century. (2) The United States continues to exercise control over the area of United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Guantanamo Lease Agreements, which were initiated and concluded pursuant to an Act of Congress. (3) Senior United States military leaders have consistently voiced strong support for maintaining United States Naval Station, Guantanamo Bay, Cuba, noting its strategic value for military basing and logistics, disaster relief, humanitarian work, terrorist detention, and counter-narcotics purposes. (4) On February 29, 2016, Secretary of Defense Ashton B. Carter, discussing United States Naval Station, Guantanamo Bay, Cuba, stated that ``it's a strategic location, we've had it for a long time, it's important to us and we intend to hold onto it''. (5) On March 12, 2015, Commander of United States Southern Command, General John Kelly, testified that the United States facilities at Naval Station Guantanamo Bay ``are indispensable to the Departments of Defense, Homeland Security, and State's operational and contingency plans. . . . As the only permanent U.S. military base in Latin America and the Caribbean, its location provides persistent U.S. presence and immediate access to the region, as well as supporting a layered defense to secure the air and maritime approaches to the United States''. (6) In testimony before Congress in 2012, then-Commander of United States Southern Command, General Douglas Fraser, stated that ``the strategic capability provided by U.S. Naval Station Guantanamo Bay remains essential for executing national priorities throughout the Caribbean, Latin America, and South America''. (7) Following a 1991 coup in Haiti that prompted a mass exodus of people by boat, United States Naval Station, Guantanamo Bay, Cuba, provided a location for temporary housing and the orderly adjudication of asylum claims outside of the continental United States. (8) In 2010, United States Naval Station, Guantanamo Bay, Cuba, was a critical hub for the provision of humanitarian disaster relief following the devastating earthquakes in Haiti. (9) The United States presence at United States Naval Station, Guantanamo Bay, Cuba, has its origins in Acts of Congress undertaken pursuant to the powers of Congress expressly enumerated in the Constitution of the United States. (10) By joint resolution approved on April 20, 1898, Congress ``directed and empowered'' the President ``to use the entire land and naval forces of the United States'' as necessary to ensure that the Government of Spain ``relinquish its authority and government in the island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters''. (11) Congress declared war against Spain on April 25, 1898, which lasted until December 10, 1898, when the United States and Spain signed the Treaty of Paris, in which Spain relinquished all claims of sovereignty over Cuba, and United States governance of Cuba was established. (12) Nearly three years later, in the Act of March 2, 1901 (Chapter 803; 31 Stat. 898), Congress granted the President the authority to return ``the government and control of the island of Cuba to its people'' subject to several express conditions including, in article VII of the Act of March 2, 1901, the sale or lease by Cuba to the United States of lands necessary for naval stations. (13) Pursuant to the authority granted by article VII of the Act of March 2, 1901, the United States negotiated the Guantanamo Lease Agreements, which specified the area of, and United States jurisdiction and control over, what became United States Naval Station, Guantanamo Bay, Cuba. (14) On October 2, 1903, when approving the Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations, signed in Havana on July 2, 1903, President Theodore Roosevelt cited the Act of March 2, 1901, as providing his authority to do so: ``I, Theodore Roosevelt, President of the United States of America, having seen and considered the foregoing lease, do hereby approve the same, by virtue of the authority conferred by the seventh of the provisions defining the relations which are to exist between the United States and Cuba, contained in the Act of Congress approved March 2, 1901, entitled `An Act making appropriation for the support of the Army for the fiscal year ending June 30, 1902.'''. (15) Obtaining United States naval station rights in Cuba was an express condition of the authority that Congress gave the President to return control and governance of Cuba to the people of Cuba. In exercising that authority and concluding the Guantanamo Lease Agreements, President Theodore Roosevelt recognized the source of that authority as the Act of March 2, 1901. (16) The Treaty of Relations between the United States of America and the Republic of Cuba, signed at Washington, May 29, 1934, did not supersede, abrogate, or modify the Guantanamo Lease Agreements, but noted that the stipulations of those agreements ``shall continue in effect'' until the United States and Cuba agree to modify them. (17) The Constitution of the United States expressly grants to Congress the power to provide for the common defense of the United States, the power to provide and maintain a Navy, and the power ``to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''. SEC. 3. PROHIBITION ON MODIFICATION, ABROGATION, OR OTHER RELATED ACTIONS WITH RESPECT TO UNITED STATES JURISDICTION AND CONTROL OVER UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, WITHOUT CONGRESSIONAL ACTION. No action may be taken to modify, abrogate, or replace the stipulations, agreements, and commitments contained in the Guantanamo Lease Agreements, or to impair or abandon the jurisdiction and control of the United States over United States Naval Station, Guantanamo Bay, Cuba, unless specifically authorized or otherwise provided by-- (1) a statute that is enacted on or after the date of the enactment of this Act; (2) a treaty that is ratified with the advice and consent of the Senate on or after the date of the enactment of this Act; or (3) a modification of the Treaty Between the United States of America and Cuba signed at Washington, DC, on May 29, 1934, that is ratified with the advice and consent of the Senate on or after the date of the enactment of this Act. SEC. 4. GUANTANAMO LEASE AGREEMENTS DEFINED. In this Act, the term ``Guantanamo Lease Agreements'' means-- (1) the Agreement Between the United States of America and the Republic of Cuba for the Lease to the United States of Lands in Cuba for coaling and naval stations, signed by the President of the United States on February 23, 1903; and (2) the Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations, signed by the President of the United States on October 2, 1903.

. United States Naval Station Guantanamo Bay Preservation Act (Sec. 3) This bill prohibits any action to modify, abrogate, or replace the stipulations, agreements, and commitments contained in the Guantanamo Lease Agreements, or to impair or abandon the jurisdiction and control of the United States over United States Naval Station, Guantanamo Bay, Cuba, unless specifically authorized or otherwise provided by: a statute enacted on or after the enactment of this Act; a treaty ratified with the advice and consent of the Senate on or after enactment of this Act; or a modification of the Treaty Between the United States of America and Cuba signed at Washington, DC, on May 29, 1934, that is ratified with the advice and consent of the Senate on or after enactment of this Act. (Sec. 4) "Guantanamo Lease Agreements" means: the Agreement Between the United States of America and the Republic of Cuba for the Lease to the United States of Lands in Cuba for coaling and naval stations, signed by the President of the United States on February 23, 1903; and the Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations, signed by the President of the United States on October 2, 1903.

United States Naval Station Guantanamo Bay Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solid Waste Rail Transfer Facilities Regulation Act of 2008''. SEC. 2. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES. (a) In General.--Chapter 109 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 10908. Regulation of solid waste rail transfer facilities ``(a) In General.--Each solid waste rail transfer facility shall be subject to and shall comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined in section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 6903(29)) that is not owned or operated by or on behalf of a rail carrier, except as provided for in section 10909 of this chapter. ``(b) Existing Facilities.-- ``(1) State laws and standards.--Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, a solid waste rail transfer facility operating as of such date of enactment shall comply with all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits. ``(2) Permit requirements.-- ``(A) State non-siting permits.--Any solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a permit required pursuant to subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Railroads Act of 2008 shall not be required to possess any such permits in order to operate the facility-- ``(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all permits, except siting permits, required pursuant to subsection (a) to the appropriate permitting agency authorized to grant such permits; and ``(ii) until the permitting agency has either approved or denied the solid waste rail transfer facility's application for each permit. ``(B) Siting permits and requirements.--A solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a State siting permit required pursuant to subsection (a) as of such date of enactment shall not be required to possess any siting permit to continue to operate or comply with any State land use requirements. The Governor of a State in which the facility is located, or his or her designee, may petition the Board to require the facility to apply for a land-use exemption pursuant to section 10909 of this chapter. The Board shall accept the petition, and the facility shall be required to have a Board-issued land- use exemption in order to continue to operate, pursuant to section 10909 of this chapter. ``(c) Definitions.-- ``(1) In general.--In this section: ``(A) Commercial and retail waste.--The term `commercial and retail waste' means material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. ``(B) Construction and demolition debris.--The term `construction and demolition debris' means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures. ``(C) Household waste.--The term `household waste' means material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. ``(D) Industrial waste.--The term `industrial waste' means the solid waste generated by manufacturing and industrial and research and development processes and operations, including contaminated soil, nonhazardous oil spill cleanup waste and dry nonhazardous pesticides and chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or oil and gas waste. ``(E) Institutional waste.--The term `institutional waste' means material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. ``(F) Municipal solid waste.--The term `municipal solid waste' means-- ``(i) household waste; ``(ii) commercial and retail waste; and ``(iii) institutional waste. ``(G) Solid waste.--With the exception of waste generated by a rail carrier during track, track structure, or right-of-way construction, maintenance, or repair (including railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derailment, the term `solid waste' means-- ``(i) construction and demolition debris; ``(ii) municipal solid waste; ``(iii) household waste; ``(iv) commercial and retail waste; ``(v) institutional waste; ``(vi) sludge; ``(vii) industrial waste; and ``(viii) other solid waste, as determined appropriate by the Board. ``(H) Solid waste rail transfer facility.--The term `solid waste rail transfer facility'-- ``(i) means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in section 10102 of this title) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place outside of original shipping containers; but ``(ii) does not include-- ``(I) the portion of a facility to the extent that activities taking place at such portion are comprised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing solid waste shipments; or ``(II) a facility where solid waste is solely transferred or transloaded from a tank truck directly to a rail tank car. ``(I) Sludge.--The term `sludge' means any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. ``(2) Exceptions.--Notwithstanding paragraph (1), the terms `household waste', `commercial and retail waste', and `institutional waste' do not include-- ``(A) yard waste and refuse-derived fuel; ``(B) used oil; ``(C) wood pallets; ``(D) clean wood; ``(E) medical or infectious waste; or ``(F) motor vehicles (including motor vehicle parts or vehicle fluff). ``(3) State requirements.--In this section the term `State requirements' does not include the laws, regulations, ordinances, orders, or other requirements of a political subdivision of a State, including a locality or municipality, unless a State expressly delegates such authority to such political subdivision.''. (b) Conforming Amendment.--The chapter analysis for chapter 109 is amended by inserting after the item relating to section 10907 the following: ``10908. Regulation of solid waste rail transfer facilities.''. SEC. 3. AUTHORITY FOR ENVIRONMENTAL PROTECTION AGENCY TO MAKE MODIFICATIONS TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. With respect to section 10908 of title 49, United States Code (as added by section 2(a) of this Act), the Administrator of the Environmental Protection Agency may, with respect to the Solid Waste Disposal Act, make modifications to the policies established in such section to the extent determined appropriate by the Administrator to protect human health and the environment. Any such modifications shall be made by regulation.

Solid Waste Rail Transfer Facilities Regulation Act of 2008 - Requires a solid waste rail transfer facility to comply with all federal and state solid waste environmental laws (except those requiring permits). Declares that any such facility lacking a state permit shall not be required to possess one (other than a siting permit): (1) if by a certain deadline the facility has applied, in good faith, for all required permits; and (2) until the permitting agency has either approved or denied the permit application. Declares that any such facility that does not possess a state siting permit shall not be required to possess one to continue to operate or to comply with state land use requirements. Authorizes a state governor to petition the Surface Transportation Board to require the facility to apply for a land-use exemption. Requires the Board to accept such a petition and the facility to have such an exception to continue to operate. Authorizes the Administrator of the Environmental Protection Agency (EPA) to make modifications to such requirements to protect human health and the environment.

To amend title 49, United States Code, with respect to the regulation of solid waste by the Environmental Protection Agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans' Benefits Improvements Act of 2001''. SEC. 2. RATE OF PAYMENT OF CERTAIN BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING IN THE UNITED STATES. (a) Redesignation of Provisions.--Section 107 of title 38, United States Code, is amended-- (1) in the second sentence of subsection (a), by striking ``subsection (c)'' and inserting ``subsections (c) and (d)''; and (2) by designating subsection (c), as added by section 332(a)(2) of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1856), as subsection (d). (b) Rate of Payment.--That section is further amended-- (1) in the second sentence of subsection (b), by striking ``Payments'' and inserting ``Except as provided in subsection (c), payments''; and (2) in subsection (c), as added by section 501(a) of H.R. 5482 of the 106th Congress (as enacted by Public Law 106-377 (114 Stat. 1441A-55))-- (A) by inserting ``or (b)'' after ``subsection (a)'' the first place it appears; and (B) by striking ``subsection (a)'' the second place it appears and inserting ``the applicable subsection''. (c) Effective Date.--The amendments made by subsection (b) shall take effect on the date of enactment of this Act, and shall apply to benefits paid for months beginning on or after that date. SEC. 3. RATE OF PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES OF CERTAIN FILIPINO VETERANS. (a) Rate of Payment.--Subsection (c) of section 107 of title 38, United States Code, as added by section 501(a) of H.R. 5482 of the 106th Congress (as enacted by Public Law 106-377 (114 Stat. 1441A-55)) and amended by section 2 of this Act, is further amended by inserting ``, and under chapter 13 of this title,'' after ``chapter 11 of this title''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act, and shall apply to benefits paid for months beginning on or after that date. SEC. 4. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR DISABILITY PENSION. (a) Eligibility.--Section 107 of title 38, United States Code, as amended by this Act, is further amended-- (1) in subsection (a)-- (A) in paragraph (3) of the first sentence, by inserting ``15,'' before ``23,''; and (B) in the second sentence, by striking ``subsections (c) and (d)'' and inserting ``subsections (c), (d), and (e)''; and (2) in subsection (b)-- (A) by striking paragraph (2) of the first sentence and inserting the following new paragraph (2): ``(2) chapters 11, 13 (except section 1312(a)), and 15 of this title.''; and (B) in the second sentence, by striking ``subsection (c)'' and inserting ``subsections (c) and (e)''. (b) Rate of Payment.--That section is further amended by adding at the end the following new subsection: ``(e) In the case of benefits under chapter 15 of this title paid by reason of service described in subsection (a) or (b), if-- ``(1) the benefits are paid to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply; and ``(2) the benefits are paid to an individual residing in the Republic of the Philippines, the benefits shall be paid (notwithstanding any other provision of law) at the rate of $100 per month.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act, and shall apply to benefits for months beginning on or after that date. SEC. 5. ELIGIBILITY OF FILIPINO VETERANS FOR HEALTH CARE IN THE UNITED STATES. The text of section 1734 of title 38, United States Code, is amended to read as follows: ``The Secretary, within the limits of Department facilities, shall furnish hospital and nursing home care and medical services to Commonwealth Army veterans and new Philippine Scouts in the same manner as provided for under section 1710 of this title.''. SEC. 6. OUTPATIENT HEALTH CARE FOR VETERANS RESIDING IN THE PHILIPPINES. (a) In General.--Subchapter IV of chapter 17 of title 38, United States Code, is amended-- (1) by redesignating section 1735 as section 1736; and (2) by inserting after section 1734 the following new section 1735: ``Sec. 1735. Outpatient care and services for World War II veterans residing in the Philippines ``(a) Outpatient Health Care.--The Secretary shall furnish care and services to veterans of World War II, Commonwealth Army veterans, and new Philippine Scouts for the treatment of the service-connected disabilities and nonservice-connected disabilities of such veterans and scouts residing in the Republic of the Philippines on an outpatient basis at the Manila VA Outpatient Clinic. ``(b) Limitations.--(1) The amount expended by the Secretary for the purpose of subsection (a) in any fiscal year may not exceed $500,000. ``(2) The authority of the Secretary to furnish care and services under subsection (a) is effective in any fiscal year only to the extent that appropriations are available for that purpose.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1735 and inserting after the item relating to section 1734 the following new items: ``1735. Outpatient care and services for World War II veterans residing in the Philippines. ``1736. Definitions.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Filipino Veterans' Benefits Improvements Act of 2001 - Redesignates provisions of Federal law which authorize: (1) payment of compensation for the service-connected disability of members of the Philippine Commonwealth Army who served with U.S. armed forces during World War II and who now are U.S. citizens or lawfully reside in the United States; and (2) hospital and nursing home care and medical services for such veterans and new Philippine Scouts in the same manner as U.S. veterans. Limits the disability pension to $100 per month for such veterans who reside in the Philippines.Directs the Secretary of Veterans Affairs to furnish care and services to veterans of World War II, Commonwealth Army veterans, and new Philippine Scouts for the treatment of service-connected disabilities and non-service connected disabilities of such veterans and scouts residing in the Philippines on an outpatient basis at the Manila VA Outpatient Clinic. Limits to $500,000 the amount to be expended during a fiscal year for such services.

A bill to amend title 38, United States Code, to improve benefits for Filipino veterans of World War II, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Affordable Housing Act''. SEC. 2. MORTGAGE ASSISTANCE FOR VOLUNTEER FIREFIGHTERS. (a) In General.--The Secretary of Housing and Urban Development may make mortgage assistance payments under this section on behalf of volunteer firefighters to reduce the interest rates on eligible mortgage loans under subsection (b) for such firefighters. (b) Eligible Mortgages.--Assistance may be provided under this section only for a mortgage loan that meets the following requirements: (1) Firefighter mortgagor.--The mortgagor under the loan is a volunteer firefighter. (2) Principal residence.--The residence subject to the mortgage is a single family residence that is the principal residence of the mortgagor. (3) Maximum mortgage amount.--The principal obligation of the mortgage loan does not exceed the principal amount eligible for insurance with respect to the property under the National Housing Act. (4) Responsible mortgagee.--The mortgage has been made to, and is held by, a mortgagee that is federally insured or that is otherwise approved by the Secretary as responsible and able to service the mortgage properly. (c) Interest Rate Buydowns.--Mortgage assistance under this section shall be provided only in the form of a payment or payments to the mortgagee in amounts sufficient to decrease by 2 percent the annual rate of interest payable on the mortgage by the eligible volunteer firefighter who is the mortgagor. Such payments may be made on an up- front basis or an ongoing monthly basis, as the Secretary considers appropriate. (d) Terms of Assistance.-- (1) Termination.--The Secretary shall establish limitations on mortgage assistance payments under this section to ensure that a mortgagor may not receive the benefit of a reduced mortgage interest from such payments for any portion of the term of a mortgage remaining after the occurrence of either of the following: (A) Failure to use as principal residence.--The mortgagor ceases to comply with the requirement under subsection (b)(2). (B) Termination of duties as firefighter.--During the 10-year period beginning upon the execution of the mortgage, the mortgagor ceases to comply with the requirement under subsection (b)(1). The Secretary may carry out his paragraph by terminating any ongoing assistance payments under this section or by recapturing from the mortgagor the amount of any assistance payment made on an up-front basis that the Secretary determines is attributable to reducing the interest rate for the portion of the mortgage term remaining after an occurrence described in subparagraph (A) or (B). (2) One-time assistance.--The Secretary may make assistance payments under this subsection with respect only to a single mortgage loan of an eligible volunteer firefighter. (e) Applications.--The Secretary shall provide for volunteer firefighters to submit applications for mortgage assistance under this section and for review of such applications to determine eligibility for such assistance. Assistance shall be made available on a first- come, first-served basis for applications eligible for such assistance. (f) Report.--The Secretary shall submit to the Congress, not later than 2 years after the date of the enactment of this Act, a report containing a description of the activities of the Secretary under the mortgage assistance program under this section and an analysis of the effectiveness of such program in assisting home buyers that are eligible volunteer firefighters. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Public agency.--The term ``public agency'' means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States, or any unit of general local government, department, agency, or instrumentality of any entity referred to in this paragraph. (2) Public fire service.--The term ``public fire service'' means a public agency consisting of personnel, apparatus, and equipment which has as its primary purpose the provision of services to protect property and maintaining the safety and welfare of the public from the dangers of fire, regardless of whether the personnel of any such organization include paid employees. Such term includes a public agency that also provides ambulance services or rescue services. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (4) Single family residence.--The term ``single family residence'' means a 1- to 4-family residence. Such term includes a unit in a cooperative. (5) Volunteer firefighter.-- (A) In general.--The term ``volunteer firefighter'' means an individual who-- (i)(I) carries out duties for a public fire service that consist primarily of work directly connected with-- (aa) the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; or (bb) if the public fire service for which the individual carries out duties provides ambulance or rescue services, the provision of ambulance or rescue services or the maintenance of ambulance or rescue apparatus or equipment; and (II) does not receive any remuneration in the form of pay, salary, or wages for conducting the duties referred to in subclause (I); or (ii) otherwise serves on a volunteer basis as a firefighter, as determined by the Secretary. (B) Allowable benefits.--An individual described in subparagraph (A) shall not be excluded from treatment under this section as a volunteer firefighter because such individual is provided, in connection with the duties referred to in subparagraph (A)-- (i) reimbursement or allowance for expenses actually incurred; (ii) insurance coverage for injuries proximately caused by such duties; (iii) food and lodging while on service for such duties; or (iv) any other benefits that the Secretary determines are appropriate for purposes of this section. (h) Regulations.--The Secretary shall issue any regulations necessary to carry out this section. (i) Authorization of Appropriations.--There are authorized to be appropriated for assistance payments under this section $20,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006. SEC. 3. REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR LOANS FOR PROFESSIONAL FIREFIGHTERS. (a) In General.--Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by adding at the end the following new paragraph: ``(11) Reduced downpayment requirements for professional firefighters.-- ``(A) In general.--Notwithstanding paragraph (2), in the case of a mortgage described in subparagraph (B)-- ``(i) the mortgage shall involve a principal obligation in an amount that does not exceed the sum of 99 percent of the appraised value of the property and the total amount of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) paid in connection with the mortgage; ``(ii) no other provision of this subsection limiting the principal obligation of the mortgage based upon a percentage of the appraised value of the property subject to the mortgage shall apply; and ``(iii) the matter in paragraph (9) that precedes the first proviso shall not apply and the mortgage shall be executed by a mortgagor who shall have paid on account of the property at least 1 percent of the cost of acquisition (as determined by the Secretary) in cash or its equivalent. ``(B) Mortgages covered.--A mortgage described in this subparagraph is a mortgage-- ``(i) under which the mortgagor-- ``(I) is a firefighter; and ``(II) has not, during the 12-month period ending upon the insurance of the mortgage, had any present ownership interest in a principal residence located in the jurisdiction described in clause (ii); and ``(ii) made for a property that is located within the jurisdiction served by the public fire service or rescue or ambulance agency that employs the mortgagor. ``(C) Definitions.--For purposes of this paragraph, the following definitions shall apply: ``(i) Firefighter.--The term `firefighter' means an individual-- ``(I) who is employed on a full- time basis by a public fire service or a private firefighting brigade; and ``(II) the duties of whose position are primarily to perform work directly connected with (aa) the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, or (bb) if the public fire service or private firefighting brigade employing the individual provides ambulance or rescue services, the provision of ambulance or rescue services or the maintenance of ambulance or rescue apparatus or equipment. ``(ii) Public agency.--The term `public agency' means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States, or any unit of general local government, department, agency, or instrumentality of any entity referred to in this subparagraph. ``(iii) Public fire service.--The term `public fire service' means a public agency consisting of personnel, apparatus, and equipment which has as its primary purpose the provision of services to protect property and maintaining the safety and welfare of the public from the dangers of fire. Such term includes a public agency that also provides ambulance service or rescue services.''. (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(3) Deferral and reduction of up-front premium.--In the case of any mortgage described in subsection (b)(11)(B): ``(A) Paragraph (2)(A) of this subsection (relating to collection of up-front premium payments) shall not apply. ``(B) If, at any time during the 5-year period beginning on the date of the insurance of the mortgage, the mortgagor ceases to be a firefighter (as such term is defined in subsection (b)(11)(C)) or pays the principal obligation of the mortgage in full, the Secretary shall at such time collect a single premium payment in an amount equal to the amount of the single premium payment that, but for this paragraph, would have been required under paragraph (2)(A) of this subsection with respect to the mortgage, as reduced by 20 percent of such amount for each successive 12-month period completed during such 5-year period before such cessation or prepayment occurs.''.

Firefighters Affordable Housing Act - Authorizes the Secretary of Housing and Urban Development to provide mortgage assistance to qualified volunteer firefighters. Ends such assistance upon termination of: (1) use as primary residence; or (2) firefighter duties within ten years of the mortgage's execution.Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front premium) for Federal Housing Administration mortgage loans for qualified professional firefighters to purchase homes within the jurisdictions of their employing public fire service or rescue or ambulance agency. (Requires the mortgagor to not have had an ownership interest in a principal residence within such jurisdiction during the 12-month period ending upon the mortgage's insurance.)

To provide mortgage assistance to firefighters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``USERRA Amendments Act of 1998''. SEC. 2. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS AN EMPLOYER. (a) In General.--Section 4323 of title 38, United States Code, is amended to read as follows: ``Sec. 4323. Enforcement of rights with respect to a State or private employer ``(a) Action for Relief.--(1) A person who receives from the Secretary a notification pursuant to section 4322(e) of this title of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. In the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action. ``(2) A person may commence an action for relief with respect to a complaint against a State (as an employer) or a private employer if the person-- ``(A) has chosen not to apply to the Secretary for assistance under section 4322(a) of this title; ``(B) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or ``(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. ``(b) Jurisdiction.--(1) In the case of an action against a State (as an employer) or a private employer commenced by the United States, the district courts of the United States shall have jurisdiction over the action. ``(2) In the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdiction in accordance with the laws of the State. ``(3) In the case of an action against a private employer by a person, the district courts of the United States shall have jurisdiction of the action. ``(c) Venue.--(1) In the case of an action by the United States against a State (as an employer), the action may proceed in the United States district court for any district in which the State exercises any authority or carries out any function. ``(2) In the case of an action against a private employer, the action may proceed in the United States district court for any district in which the private employer of the person maintains a place of business. ``(d) Remedies.--(1) In any action under this section, the court may award relief as follows: ``(A) The court may require the employer to comply with the provisions of this chapter. ``(B) The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer's failure to comply with the provisions of this chapter. ``(C) The court may require the employer to pay the person an amount equal to the amount referred to in subparagraph (B) as liquidated damages, if the court determines that the employer's failure to comply with the provisions of this chapter was willful. ``(2)(A) Any compensation awarded under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under this chapter. ``(B) In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subparagraph (B) or (C) of paragraph (1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. If the compensation is not paid to the person because of inability to do so within a period of three years, the compensation shall be covered into the Treasury of the United States as miscellaneous receipts. ``(3) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section. ``(e) Equity Powers.--The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under this chapter. ``(f) Standing.--An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter under subsection (a) or by the United States under subsection (a)(1). ``(g) Respondent.--In any action under this chapter, only an employer or a potential employer, as the case may be, shall be a necessary party respondent. ``(h) Fees, Court Costs.--(1) No fees or court costs may be charged or taxed against any person claiming rights under this chapter. ``(2) In any action or proceeding to enforce a provision of this chapter by a person under subsection (a)(2) who obtained private counsel for such action or proceeding, the court may award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses. ``(i) Inapplicability of State Statute of Limitations.--No State statute of limitations shall apply to any proceeding under this chapter. ``(j) Definition.--In this section, the term `private employer' includes a political subdivision of a State.''. (b) Effective Date.--(1) Section 4323 of title 38, United States Code, as amended by subsection (a), shall apply to actions commenced under chapter 43 of such title on or after the date of the enactment of this Act, and shall apply to actions commenced under such chapter before the date of the enactment of this Act that are not final on the date of the enactment of this Act, without regard to when the cause of action accrued. (2) In the case of any such action against a State (as an employer) in which a person, on the day before the date of the enactment of this Act, is represented by the Attorney General under section 4323(a)(1) of such title as in effect on such day, the court shall upon motion of the Attorney General, substitute the United States as the plaintiff in the action pursuant to such section as amended by subsection (a). SEC. 3. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Definition of Employee.--Section 4303(3) of title 38, United States Code, is amended by adding at the end the following: ``Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of section 4319(c) of this title.''. (b) Foreign Countries.--Subchapter II of chapter 43 of such title is amended by inserting after section 4318 the following new section: ``Sec. 4319. Employment and reemployment rights in foreign countries ``(a) Liability of Controlling United States Employer of Foreign Entity.--If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall be presumed to be by such employer. ``(b) Inapplicability to Foreign Employer.--This subchapter does not apply to foreign operations of an employer that is a foreign person not controlled by an United States employer. ``(c) Determination of Controlling Employer.--For the purpose of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations, common management, centralized control of labor relations, and common ownership or financial control of the employer and the entity. ``(d) Exemption.--Notwithstanding any other provision of this subchapter, an employer, or an entity controlled by an employer, may-- ``(1) discriminate within the meaning of section 4311 of this title; ``(2) deny reemployment rights within the meaning of section 4312, 4313, 4314, or 4315 of this title; or ``(3) deny benefits within the meaning of section 4316, 4317, or 4318 of this title, with respect to an employee in a workplace in a foreign country, if compliance with any such section would cause such employer, or such entity controlled by an employer, to violate the law of the foreign country in which the workplace is located.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 43 of such title is amended by inserting after the item relating to section 4318 the following new item: ``4319. Employment and reemployment rights in foreign countries.''. (d) Effective Date.--The amendments made by this section shall apply only with respect to conduct occurring after the date of the enactment of this Act. SEC. 4. COMPLAINTS RELATING TO REEMPLOYMENT OF MEMBERS OF THE UNIFORMED SERVICES IN FEDERAL SERVICE. (a) In General.--The first sentence of paragraph (1) of section 4324(c) of title 38, United States Code, is amended by inserting before the period at the end the following: ``, without regard as to whether the complaint accrued before, on, or after October 13, 1994''. (b) Effective Date.--The amendment made by subsection (a) shall apply to all complaints filed with the Merit Systems Protection Board on or after October 13, 1994. Passed the House of Representatives March 24, 1998. Attest: ROBIN H. CARLE, Clerk.

USERRA Amendments Act of 1998 - Allows a veteran claiming to be entitled to employment or reemployment rights with a State or private employer to request the Secretary of Labor to refer such claim to the Attorney General (current law) in the case of an unsuccessful effort to resolve such claim through the Secretary. Empowers U.S. district courts to hear cases commenced against a State or private employer by the United States on behalf of such veterans, or against a private employer by a person. Requires direct payment to the veteran of any claim compensation which is considered lost wages or benefits or liquidated damages. Includes within the definition of "employee," for purposes of employment and reemployment rights, any person who is a citizen, national, or permanent resident alien of the United States employed in a foreign workplace by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States. Provides that if a U.S. employer controls a foreign entity, then any denial of employment, reemployment, or benefits by such foreign entity shall be presumed to be by such employer. Provides an exception when employer compliance would violate the law of the foreign country in which the workplace is located. Authorizes a veteran claiming employment or reemployment rights to request the Secretary to refer such complaint to the Merit Systems Protection Board (current law), without regard to whether such complaint accrued before, on, or after October 13, 1994 (the effective date of such provision).

USERRA Amendments Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Vehicle Advancement Act of 2010''. SEC. 2. INCREASE IN CREDIT AMOUNT FOR 2- AND 3-WHEELED ELECTRIC HIGHWAY VEHICLES. (a) In General.--Subsections (a) and (b) of section 30 of the Internal Revenue Code of 1986 are amended to read as follows: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to-- ``(1) in the case of any qualified plug-in electric vehicle placed in service by the taxpayer during the taxable year which is a 2- or 3-wheeled vehicle described in subsection (d)(3), the sum of-- ``(A) $1,000, ``(B) in the case of a vehicle which draws propulsion energy from a battery with not less than 2.5 kilowatt hours of capacity, $417, plus $417 for each kilowatt hour of capacity in excess of 2.5 kilowatt hours, plus ``(C) in the case of a vehicle which achieves at least 75 miles per gallon equivalent, $2,000, and ``(2) in the case of any other qualified plug-in electric vehicle placed in service by the taxpayer during the taxable year, 10 percent of the cost of such vehicle. ``(b) Dollar Limitations.-- ``(1) Battery capacity for 2- and 3-wheeled vehicles.--The amount allowed under subsection (a)(1) with respect to any vehicle by reason of subparagraph (B) thereof shall not exceed $5,500. ``(2) Total.--The amount allowed under subsection (a)(1) with respect to any vehicle shall not exceed $7,500. ``(3) Other qualified plug-in electric vehicles.--The amount of the credit allowed under subsection (a)(2) with respect to any vehicle shall not exceed $2,500.''. (b) 2- or 3-Wheeled Motor Vehicles Described.--Subsection (d) of section 30 of such Code is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) 2- or 3-wheeled motor vehicle.--A 2- or 3-wheeled vehicle described in this paragraph is a specified vehicle described in paragraph (2)(B)-- ``(A) with motive power having a seat, seats, or saddle for the use of the rider or riders and designed to travel on not more than 3 wheels in contact with the ground, ``(B) which has an electric motor that produces in excess of 5-brake horsepower, ``(C) which draws propulsion from 1 or more traction batteries, and ``(D) which has been certified to the Department of Transportation pursuant to section 567 of title 49, Code of Federal Regulations, in effect on the date of the manufacture of the vehicle.''. (c) Miles Per Gallon Equivalent.--Subsection (d) of section 30 of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: ``(6) Miles per gallon equivalent.--For purposes of this section, the miles per gallon equivalent with respect to any vehicle shall be the combined fuel economy with respect to such vehicle, as determined under section 136(a)(2)(B) of the Energy Independence and Security Act of 2007.''. (d) Limitation on Number of 2- and 3-Wheeled Vehicles Eligible for Credit.--Section 30 of such Code is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(e) Limitation on Number of 2- and 3-Wheeled Vehicles Eligible for Credit.-- ``(1) In general.--In the case of a 2- or 3-wheeled electric vehicles described in subsection (d)(3) which are sold during the phaseout period, only the applicable percentage of the credit otherwise allowable under subsection (a) shall be allowed. ``(2) Phaseout period.--For purposes of this subsection, the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of 2- or 3-wheeled electric vehicles described in subsection (d)(3) manufactured by the manufacturer of the vehicle referred to in paragraph (1) sold for use in the United States after the date of the enactment of this section is at least 100,000. ``(3) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- ``(A) 50 percent for the first 2 calendar quarters of the phaseout period, ``(B) 25 percent for the 3d and 4th calendar quarters of the phaseout period, and ``(C) 0 percent for each calendar quarter thereafter. ``(4) Controlled groups.--Rules similar to the rules of section 30B(f)(4) shall apply for purposes of this subsection.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Electric Vehicle Advancement Act of 2010 - Amends the Internal Revenue Code, with respect to the tax credit for plug-in electric vehicles, to allow an increased tax credit for the purchase of qualified electric vehicles which are a 2- or 3-wheeled vehicles. Defines "2- or 3-wheeled vehicle" to include a vehicle: (1) with motive power having a seat, seats, or saddle for the use of the rider or riders and designed to travel on not more than 3 wheels in contact with the ground; (2) that has an electric motor that produces in excess of 5-brake horsepower; (3) that draws propulsion from 1 or more traction batteries; and (4) that has been certified to the Department of Transportation. Limits the number of such vehicles eligible for the credit based upon a phaseout period effective after the first 100,000 of such vehicles are manufactured.

To amend the Internal Revenue Code of 1986 to increase the credit amount for 2- and 3-wheeled electric highway vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Workforce Act of 2014''. SEC. 2. REFUNDABLE TAX CREDIT FOR UNEMPLOYED WORKERS OBTAINING MANUFACTURING JOB TRAINING. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: ``SEC. 36C. UNEMPLOYED WORKERS OBTAINING MANUFACTURING JOB TRAINING. ``(a) 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 with respect to each eligible individual an amount equal to the eligible individual's qualified training costs paid or incurred by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to each eligible individual shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified training costs.--The term `qualified training costs' means expenses for tuition, fees, and course materials paid or incurred in qualified manufacturing training. ``(2) Qualified manufacturing training.--The term `qualified manufacturing job training' means training to develop or better skills for a manufacturing position in the manufacturing industry, as determined by the Secretary of Labor. ``(3) Eligible individual.--For purposes of this section, the term `eligible individual' means an individual who-- ``(A) is the taxpayer or the taxpayer's spouse or dependent, ``(B) is certified by the State employment security agency established in accordance with the Act of June 6, 1933, as amended (29 U.S.C. 49-49n), as having been in receipt of unemployment compensation under State or Federal law on any day within the 1-year period ending on the date qualified manufacturing job training begins, and ``(C) has resided for the 6-month period preceding the date on which qualified manufacturing job training begins in one of the 15 States determined by the Secretary of Labor to be a State in which there are the greatest number of job opportunities in the manufacturing industry. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Termination.--Subsection (a) shall not apply to amounts paid or incurred in taxable years beginning after December 31, 2020.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Unemployed workers obtaining manufacturing job training.''. (c) Notice of Credit.--The Commissioner of Internal Revenue shall provide notice on the website of the Internal Revenue Service of the availability of the credit established by subsection (a), and it is the sense of the Congress that other governmental job training and unemployment compensation entities shall also provide notice of such credit on their websites. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. EMPLOYER CREDIT FOR EMPLOYER PROVIDED ADULT EDUCATION AND MANUFACTURING JOB TRAINING PROGRAMS. (a) 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 EMPLOYER-PROVIDED ADULT EDUCATION AND MANUFACTURING JOB TRAINING PROGRAMS. ``(a) In General.--For the purposes of section 38, the education and training credit determined under this section for the taxable year is an amount equal to 20 percent of the aggregate qualified education and training expenses paid or incurred for each employee during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to any employee for a taxable year shall not exceed $1,000. ``(c) Qualified Education and Training Expenses.--For purposes of this section, the term `qualified education and training expenses' means with respect to an employee amounts paid or incurred during the taxable year in providing education or training for manufacturing under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or a curriculum approved by the Employment and Training Administration of the Department of Labor to individuals employed by the taxpayer in manufacturing positions (as determined by the Secretary of Labor). ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction or credit shall be allowed under this chapter for the portion of the expenses that are taken into account in determining the credit under this section for the taxable year. ``(2) Aggregation.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year. ``(f) Termination.--This section shall not apply to expenses paid after December 31, 2020.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the education and training credit determined under section 45S(a).''. (c) Technical Amendment.--Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting ``45S(e),'' after ``45H(g),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Credit for employer-provided adult education and manufacturing job training programs.''. (e) Effective Dates.--The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2014. SEC. 4. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PREPARING WORKERS FOR THE MANUFACTURING ECONOMY. (a) Establishment.--There is established the Presidential Award for Business Leadership in Manufacturing Job Training (referred to in this section as the ``Presidential Manufacturing Job Training Award''), which shall be awarded to companies and other organizations for extraordinary efforts in assisting their employees and members to develop or better the manufacturing skills and training and increase the productivity of American manufacturing. (b) Selection and Presentation of Award.-- (1) Selection.--The President shall periodically award the Presidential Manufacturing Job Training Award to companies and other organizations described in subsection (a) after reviewing recommendations to the President with respect to such award by the Secretary of Labor in consultation with the Secretary of Commerce. (2) Presentation.--The presentation of the Presidential Manufacturing Job Training Award shall be made by the President, or a designee of the President, in conjunction with an appropriate ceremony. SEC. 5. BEST PRACTICES FOR MANUFACTURING JOB TRAINING. The Secretary of Labor shall, from time to time, collect and disseminate best practices for manufacturing job training.

American Manufacturing Workforce Act of 2014 - Amends the Internal Revenue Code to allow, through 2020, tax credits for: (1) up to $1,000 of the expenses for tuition, fees, and course materials paid or incurred for the training of a worker to develop or improve skills for a manufacturing position; and (2) up to 20% of the first $1,000 of education or training expenses for manufacturing under the Workforce Investment Act of 1998 or a curriculum approved by the Employment and Training Administration for individuals employed in manufacturing positions. Establishes the Presidential Award for Business Leadership in Manufacturing Job Training to recognize companies and other organizations for extraordinary efforts in assisting their employees and members to develop or improve manufacturing skills and training and increase productivity. Directs the Secretary of Labor to periodically collect and disseminate best practices for manufacturing job training.

American Manufacturing Workforce Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nepal Recovery Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (3) International financial institution.--The term ``international financial institution'' means-- (A) each of the institutions listed in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)); and (B) the International Fund for Agricultural Development. SEC. 3. FINDINGS. Congress makes the following findings: (1) On April 25, 2015, an earthquake measuring 7.8 on the Richter scale and a subsequent earthquake on May 12 measuring 7.3 on the Richter scale and numerous aftershocks-- (A) devastated Kathmandu, Nepal, and the surrounding areas; (B) killed more than 8,700 people; (C) injured hundreds of thousands additional people; (D) destroyed or damaged more than 770,000 homes, leaving the families who had been living in those homes without shelter; (E) damaged or destroyed more than 47,000 classrooms; (F) damaged or destroyed over 1,000 health facilities including primary health care centers and birthing centers; (G) left many people with newly acquired disabilities, including lost limbs and other physical and mental trauma; (H) severely impacted livelihoods and food security for millions of people, including the destruction of stockpiled grains and the loss of more than 17,000 cattle and 40,000 smaller domesticated animals; and (I) disrupted social structures and families through death, injury, and relocation. (2) The earthquake devastated Nepal's infrastructure, including homes, offices, factories, roads, bridges, communications, and other facilities. (3) American citizens were also killed in the widespread destruction caused by the earthquake. (4) Six American servicemembers and 2 members of the Nepalese Army lost their lives in a helicopter accident while working to relieve the suffering of the Nepalese people following the earthquake. (5) The World Bank and the Government of Nepal conducted a post disaster needs assessment that estimated almost $6,700,000,000 in sector specific damage, losses, and recovery needs. (6) In Nepal, which is one of the poorest countries in the world-- (A) an estimated 25 percent of the population lives on less than $1.25 per day; (B) there is a 46-percent unemployment rate, with the majority of the population engaged in subsistence agriculture; (C) only 25 percent of Nepalese participate in the formal banking system, with the majority of Nepalese severely lacking access to credit and financial services, making accessing credit for rebuilding difficult; and (D) has one of the slowest economic growth rates in the region. (7) The geography of Nepal poses a significant challenge to relief, reconstruction, and development that requires extraordinary efforts and assets to overcome. (8) The United States Government, the Government of Nepal, and civil society organizations have invested in disaster risk reduction efforts for nearly 20 years. Those efforts have reduced suffering and prevented greater loss of life and property. (9) In recent years, the Government and people of Nepal have taken important steps forward to resolve civil conflict, reconcile, and promote economic growth and development. (10) Nepal has qualified for the Millennium Challenge Corporation Threshold Program and has been selected for a Millennium Challenge Corporation Compact, based on its performance on key selection criteria. (11) The earthquake has significantly increased the costs and uncertainty of doing business in Nepal. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with the Government of Nepal and in coordination with the international community-- (1) to support the sustainable recovery and rebuilding of Nepal in a manner that-- (A) encourages greater economic growth; (B) embraces the independence, resilience, and democratic governance of Nepal; (C) supports collaboration with the Government of Nepal and consultation with Nepalese and international civil society and including the participation of affected communities in planning and implementing recovery and reconstruction; (D) ensures that the National Reconstruction Authority institutes strong internal accounting and accountability measures; (E) seeks to reach the most severely affected communities, particularly those who live in hard-to- reach areas or who are otherwise marginalized; (F) seeks to address the vulnerability of young girls and boys who are often at much higher risk of trafficking, sexual exploitation, child labor, and other forms of abuse during emergencies; (G) prohibits the participation of the United States in any construction effort, which uses forced or child labor, unregistered recruitment agencies, or pays wages through means other than directly to the laborer or to their bank account; (H) promotes compliance with Nepalese labor law and internationally recognized core labor standards, as set forth in the International Labor Organization Declaration on Fundamental Principles and Rights at Work and its followup; (I) harnesses the energy of youth, who make up 33 percent of Nepal's population, to rebuild Nepal; (J) includes regulatory reforms that improve the environment for investors; (K) supports the role of women in the reconstruction and recovery effort; (L) rebuilds in ways that foster resilience to future earthquakes, landslides, and other natural disasters that threaten Nepal; (M) enables a rapid return to school for children, including the rapid construction and effective utilization of medium-term temporary school structures; and (N) coordinates activities with the Millennium Challenge Corporation and other agencies to assure the optimal efficiency and effectiveness of United States efforts; (2) to encourage all international donors to contribute and coordinate in a transparent manner and report all contributions through international mechanisms to enable the most efficient allocation of all reconstruction resources; (3) to ensure that ongoing development investments in health, education, economic growth, food security, and other areas continue, where appropriate, and are not diverted to other purposes; (4) to affirm and build a long-term partnership with Nepal in support of providing a foundation for economic growth and sustainability through investments-- (A) in essential infrastructure, including transport, financial services, and energy; (B) to rebuild Nepal's competitiveness and private sector in order to foster employment generation, including policies to encourage investment and open world consumer markets to Nepalese exports; (C) in food security and rural and agricultural development, particularly of food staples and other crops that provide economic growth and build lasting food security; and (D) that recognize and address how obstacles related to gender limit, hinder, or suppress the economic productivity and gain of women; (5) to ensure, with the Government of Nepal, that affected children are protected from potential violence, abuse, neglect, and exploitation and have the ability to access child protection services, including psychosocial support; (6) to support, in coordination with other donors-- (A) the institutional development and capacity building of the Government of Nepal at the national, local, and community levels so that the Government of Nepal can ensure basic services for its population, including health care, education, and other basic social services; (B) contributions to a multilateral trust fund that will be established to enhance the reconstruction and rebuilding of Nepal; (C) the Government and people of Nepal to lead the vision for reconstruction and rebuilding of Nepal; and (D) communities to fully participate in the recovery and reconstruction process, by employing local labor, as appropriate, and consulting local leaders, affected communities, and civil society for their experience and vision; and (7) to address the stateless populations in Nepal, including Tibetan communities, who-- (A) are least likely to receive support through the regular government systems; and (B) may have particularly greater or different needs. SEC. 5. TECHNICAL AND FINANCIAL ASSISTANCE. (a) In General.--Subject to the availability of funds, the President may provide technical and financial assistance for programs that-- (1) improve Nepal's basic infrastructure following the earthquakes in affected communities; (2) support economic growth, including through agriculture and small-scale enterprise opportunities; (3) promote health and basic education programs; and (4) support democracy programs that promote political reforms, as appropriate, including strengthening democratic institutions and rule of law. (b) Fast-Track of Investment Feasibility and Assessment Studies.-- The Director of the United States Trade and Development Agency may proactively explore and provide accelerated response in Nepal for-- (1) project identification and investment analyses; (2) trade capacity building and sector development activities, including technical assistance and feasibility studies that support investments in infrastructure that contribute to overseas development; and (3) trade capacity building and sector development assistance supporting the establishment of industry standards, rules, regulations, market liberalization, and other policy reform, with a particular focus on engineering and construction. SEC. 6. REPORTS. (a) Report on Impact of Disaster Risk Reduction Efforts.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to the appropriate congressional committees that-- (1) assesses the effectiveness of United States investments in Nepal in disaster risk reduction and earthquake resilience during the 20-year period ending on the date of the enactment of this Act; and (2) includes a set of recommendations for how the efficiency and effectiveness of disaster risk and recovery programs can be improved in Nepal and other countries with substantial disaster risk and recovery programming. (b) Report on Humanitarian Relief Efforts.--Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Secretary of Defense, shall submit a report to the appropriate congressional committees that-- (1) describes the cost, effectiveness, timeliness, and impact of the international humanitarian and reconstruction assistance provided to Nepal; and (2) includes an assessment of the efforts of the United States to prevent corruption during the humanitarian response and reconstruction work. (c) Report on Impediments to Nepal's Recovery.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other appropriate departments and agencies, shall submit a report to the appropriate congressional committees that includes-- (1) a description of the impediments to Nepal's recovery efforts, including the flow of goods and services to and from Nepal; (2) a strategy to address and mitigate political, diplomatic, and economic challenges to reconstruction efforts, including ensuring the efficient use, and timely distribution, of United States Government assistance; (3) an assessment of the impact of any impediments to energy resources, tourism, medical care, educational institutions, and the housing sector; (4) an assessment of the effects of these impediments to ongoing United States Government assistance programs throughout Nepal, including those not directly related to earthquake recovery activities; and (5) a detailed summary of any United States Government bilateral and multilateral efforts to enlist bilateral or multilateral support to mitigate political, diplomatic, and economic challenges to Nepal's recovery. (d) Quarterly Briefings.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of any other appropriate departments and agencies, shall provide quarterly briefings through the end of fiscal year 2018 to the appropriate congressional committees on the efforts of the United States Government to ensure the efficient and effective distribution of United States assistance to contribute to Nepal's recovery and to carry out the objectives of this Act.

Nepal Recovery Act This bill authorizes the President to provide technical and financial assistance for programs that: (1) improve Nepal's basic infrastructure following the earthquakes in affected communities; (2) support economic growth, including through agriculture and small-scale enterprise opportunities; (3) promote health and basic education programs; and (4) support democracy programs that promote political reforms, including strengthening democratic institutions and rule of law. The U.S. Trade and Development Agency may provide accelerated response in Nepal for: project identification and investment analyses; trade capacity building and sector development activities, including technical assistance and feasibility studies that support investments in infrastructure that contribute to overseas development; and trade capacity building and sector development assistance supporting the establishment of industry standards, market liberalization, and other policy reform, with a particular focus on engineering and construction. The U.S Agency for International Development shall report to Congress regarding: the effectiveness of U.S. investment in Nepal in disaster risk reduction and recovery program improvement; and the effectiveness of international humanitarian and reconstruction assistance provided to Nepal, and a related assessment of U.S. anti-corruption efforts. The Department of State shall report to Congress regarding impediments to Nepal's recovery efforts.

Nepal Recovery Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Assistance Act of 1992''. SEC. 2. PENALTY-FREE WITHDRAWALS FOR FIRST-TIME HOMEBUYERS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end thereof the following new subparagraph: ``(D) Distributions from individual retirement plans for first home purchases.--Distributions to an individual from an individual retirement plan which are qualified first-time homebuyer distributions (as defined in paragraph (6)).'' (b) First-Time Homebuyer Distributions.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraph: ``(6) Qualified first-time homebuyer distributions.--For purposes of paragraph (2)(D)-- ``(A) In general.--The term `qualified first-time homebuyer distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 60th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual or the child of such individual. ``(B) Qualified acquisition costs.--For purposes of this paragraph, the term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(C) First-time homebuyer; other definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' means any individual if such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3- year period ending on the date of acquisition of the principal residence to which this paragraph applies. ``(ii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iii) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or ``(II) on which construction or reconstruction of such a principal residence is commenced. ``(D) Special rule where delay in acquisition.-- If-- ``(i) any amount is paid or distributed from an individual retirement plan to an individual for purposes of being used as provided in subparagraph (A), and ``(ii) by reason of a delay in the acquisition of the residence, the requirements of subparagraph (A) cannot be met, the amount so paid or distributed may be paid into an individual retirement plan as provided in section 408(d)(3)(A)(i) without regard to section 408(d)(3)(B), and, if so paid into such other plan, such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount.'' (c) Effective Date.--The amendments made by this section shall apply to payments and distributions after the date of the enactment of this Act. SEC. 3. PARENT'S GUARANTEE OF CHILD'S LOAN NOT GIFT FOR GIFT TAX PURPOSES. (a) In General.--Section 2503 of the Internal Revenue Code of 1986 (defining taxable gifts) is amended by adding at the end thereof the following new subsection: ``(h) Exclusion for Guarantee By Parent of Loan to Child or Child's Business, Etc.-- ``(1) In general.--The mere making of a qualified guarantee shall not be treated as a transfer of property by gift for purposes of this chapter. ``(2) Qualified guarantee.--For purposes of this subsection, the term `qualified guarantee' means any guarantee by an individual of a loan to-- ``(A) any lineal descendent of such individual or any spouse of such a lineal descendent, or ``(B) any business enterprise all of the interests in which (other than any interest as a creditor) are owned by individuals described in subparagraph (A).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to guarantees made before, on, or after the date of the enactment of this Act.

American Dream Assistance Act of 1992 - Amends the Internal Revenue Code to allow an individual to make penalty-free withdrawals from an individual retirement account for the acquisition by such individual or the individual's child of a principal residence which is a first home. Provides that a parent's guarantee of a loan to a child or the child's spouse or to the child's business is not a gift for gift tax purposes.

American Dream Assistance Act of 1992

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chinese American World War II Veterans Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Chinese Americans served the United States in every conflict since the Civil War, and distinguished themselves in World War II, serving in every theater of battle and every branch of service, earning citations for their heroism and honorable service, up to and including the Congressional Medal of Honor. (2) Chinese nationals and Chinese Americans faced institutional discrimination in the United States since before World War II, limiting the size of their population and their ability to build thriving communities in America. (3) The Chinese Exclusion Act of 1882 was the first Federal law that broadly restricted immigration and a specific nationality, making it illegal for Chinese laborers to immigrate to the United States, and limiting the Chinese population in America for over sixty years. (4) Major court decisions such as the decisions in Lum v. Rice and People v. Hall found ``yellow'' races to be equal to African Americans with regard to ``separate but equal'' school facilities, and prohibited Chinese Americans, along with ``Black, mulatto, or Indian'' persons, from testifying against White men. (5) Chinese Americans were harassed, beaten, and murdered because of their ethnicity. The worst instances include the Chinese Massacre of 1871, where 17 Chinese immigrants in Los Angeles, California, were tortured and murdered; the Rock Spring Massacre of 1885 where White rioters killed 28 Chinese miners and burned 75 of their homes in Rock Springs, Wyoming; and the Hells Canyon Massacre of 1887 where 34 Chinese goldminers were ambushed and murdered in Hells Canyon, Oregon. (6) There were only 78,000 Chinese Americans living on the United States mainland, with 29,000 living in Hawaii, at the start of World War II as a result of Federal and State legislation and judicial decisions. (7) Despite the anti-Chinese discrimination at the time, as many as 20,000 Chinese Americans served in the U.S. Armed Forces during World War II. Approximately forty percent (40 percent) of those who served were not United States citizens due to the laws that denied U.S. citizenship for persons of Chinese descent. (8) Chinese Americans, although small in numbers, made important contributions to the World War II effort. (9) Of the total Chinese Americans serving, approximately 25 percent served in the U.S. Army Air Force/Corps, with some sent to the China-Burma-India (CBI) theater with the 14th Air Service Group. (10) The remainder served in all branches of the U.S. Armed Forces in all four theaters of war. (11) The first all Chinese-American group was the 14th Air Service Group, 859th Signal Corps in the CBI theater which enabled extensive and effective operations against the Japanese military in China. (12) Chinese Americans are widely acknowledged for their role in the Army's 14th Air Force, 23rd Fighter Group, widely known as the Flying Tigers. (13) The Flying Tigers eventually established American air superiority in China and supported cargo flights from India to China over ``The Hump''. (14) Chinese Americans assigned to the CBI theater made transoceanic journeys through hostile territories, and were subject to enemy attack while at sea and in the air. (15) In the Pacific Theater, Chinese Americans were in ground, air, and ocean combat and support roles throughout the Pacific including New Guinea, Guadalcanal, Solomon Islands, Iwo Jima, Okinawa, Philippines, Marianas, and Aleutian Islands. (16) Throughout the Pacific and CBI theaters, they performed vital functions in translating; coordinating National Chinese and American combat operations; servicing and repairing aircraft and armaments; training National Chinese troops and sailors; delivering medical care; providing signal and communication support; gathering and analyzing intelligence; participating in ground and air combat; and securing and delivering supplies. (17) Chinese Americans also served in combat and support roles in the European and African theaters, serving in North Africa, Sicily, Italy, the Normandy D-Day invasion which liberated Western Europe, and the Battle of the Bulge, occupying Western Germany while helping to liberate Central Europe. (18) Chinese Americans flew bomber missions, served in infantry units and combat ships in the Battle of the Atlantic, including aboard Merchant Marines convoys vulnerable to submarine and air attacks. (19) Chinese-American women left traditional domestic duties for patriotic service, serving as translators who interpreted Japanese documents containing military plans. (20) Many Chinese-American women served in the Women's Army Corps (WACs), the Army Air Force, and the United States Naval Reserve Women's Reserve (WAVES), and some became pilots, air traffic controllers, flight trainers, weather forecasters, occupational therapists, and nurses. (21) Captain Francis B. Wai is the only Chinese American serving in World War II to have been awarded a Congressional Medal of Honor, the highest military award given by our Nation. His posthumous Distinguished Service Medal, awarded in 1944 was upgraded in 2000 to a Congressional Medal of Honor. (22) Chinese Americans also earned Combat Infantry Badges, Purple Hearts, Bronze Stars, Silver Stars, Distinguished Service Medals and Distinguished Flying Medals. Units with Chinese Americans were also awarded unit citations for valor and bravery. (23) The United States remains forever indebted to the bravery, valor, and dedication that the Chinese American Veterans of World War II displayed. Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor in the face of discrimination. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Chinese American Veterans of World II'' includes individuals of Chinese ancestry who served-- (A) honorably at any time during the period December 7, 1941, and ending December 31, 1946; and (B) in an active duty status under the command of the United States Armed Forces; and (2) the term ``Secretary'' means the Secretary of the Treasury. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the Chinese American Veterans of World War II, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary shall strike the gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institute.-- (1) In general.--Following the award of the gold medal in honor of the Chinese American Veterans of World War II, the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations associated with the Chinese American Veterans of World II or with World War II. (d) Duplicate Medals.--Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDAL. (a) National Medal.--The gold medal struck under this Act shall be a national medal for the purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Chinese American World War II Veterans Congressional Gold Medal Act This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a single Congressional Gold Medal to the Chinese American Veterans of World War II in recognition of their dedicated service during World War II. The medal shall be displayed at the Smithsonian Institution, which is urged to make the medal available for display at other locations associated with such veterans or with World War II.

Chinese American World War II Veterans Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Reform Commissions Act of 1995''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that-- (1) excessive and misguided regulations impose enormous economic costs that, like excessive taxes, stifle economic growth and job creation; and (2) the cost of complying with Federal regulations alone is estimated between $300,000,000,000 and $500,000,000,000 per year, which amounts to $4,000 to $6,000 per working man and woman in America. (b) Purpose.--The purpose of this Act is to demonstrate the need to reexamine the policies and procedures of Federal agencies which impose regulatory burden, to determine what changes are necessary and desirable in those policies and procedures. SEC. 3. REVIEW OF FEDERAL REGULATIONS. (a) In General.--Each of the commissions established under section 4 by the Director of the Office of Management and Budget (referred to in this Act as the ``Director'') shall review the regulations issued by the department or agency with respect to which the commission is established. (b) Standards of Review.--In reviewing regulations under this section, each commission shall examine and determine-- (1) whether the regulations are-- (A) within the scope of authority of the statutes under which the regulations were issued; and (B) in accordance with the original intent of the Congress in approving the statutes; (2) whether administrative decisions made under the regulations were based on adequate information concerning the need for and consequences of proposed Governmental action; (3) whether regulatory action was taken only in instances where potential economic benefits to society of taking an action exceed the economic costs to society of taking the action; (4) whether the objectives of regulatory actions were selected to minimize net economic costs to society; (5) whether in selecting among alternative approaches for achieving objectives of regulatory actions, the alternative selected was the alternative involving the least net economic cost to society; (6) whether Federal agencies, in selecting regulatory priorities, have taken into account-- (A) the condition of the particular employers and employees affected by regulatory actions; (B) the condition of the regional and national economy; and (C) other Federal regulatory actions being considered; and (7) whether the regulations are subject to judicial review. (c) Consultation and Comment.--In carrying out reviews under this section, each commission shall-- (1) consult with the Congress and relevant congressional committees; and (2) solicit and consider views and suggestions of persons affected by the regulations reviewed by the commission. (d) Reports.-- (1) In general.--Each commission established under section 4 shall submit reports in accordance with this subsection to the Congress, the Director, and the head of the department or agency with respect to which the commission is established. The reports shall consist of-- (A) an interim report submitted by not later than 1 year after the completion of appointments of the members of the commission; (B) a final report submitted by not later than 2 years after the completion of the appointments. (2) Contents.--Each report under this subsection shall describe the determinations made by the commission under each of paragraphs (1), (2), (3), (4), (5), (6), and (7) of subsection (b) for the period covered by the report. SEC. 4. ESTABLISHMENT OF COMMISSIONS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Director shall establish 3 commissions to carry out reviews under section 3. Of the commissions established under this section, one shall be established with respect to each of-- (1) the Environmental Protection Agency; (2) the Department of Labor; and (3) the Department of the Interior. (b) Membership.--Each commission established under this section shall be composed of 13 members as follows: (1) 2 Members of the Senate appointed by the Majority Leader of the Senate, who shall be Members of different political parties. (2) 2 Members appointed by the Speaker of the House of Representatives, who shall be Members of different political parties. (3) 5 members appointed by the President from among persons affected by regulatory actions of the department or agency with respect to which the commission is established, of whom not more than 3 may be members of the same political party. (4) 4 members appointed by the head of the department or agency with respect to which the commission is established, from among the career employees of the agency. (c) Compensation.--Each member of the commission shall serve without compensation in addition to that received for such member's services as an officer or employee of the United States. (d) Expenses.--The head of a Federal department or agency with respect to which a commission is established under this section shall pay the expenses incurred by the commission in carrying out this Act. (e) Termination.--Each commission established by this section shall terminate on the date the commission submits a final report under section 3(d)(1)(B).

Regulatory Reform Commissions Act of 1995 - Requires the Director of the Office of Management and Budget to establish three commissions to review and report on the regulations issued by the Environmental Protection Agency, the Department of Labor, and the Department of the Interior. Includes among review standards determinations as to: (1) whether the regulations are within the scope of authority of the underlying statutes, in accordance with original congressional intent, and subject to judicial review; and (2) economic costs and benefits.

Regulatory Reform Commissions Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Reduction Act of 2007''. SECTION 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 3. 20 PERCENT REDUCTION IN ESTATE TAX RATES. (a) In General.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Rate Schedule.-- ``If the amount with respect to The tentative tax is: which the tentative tax is to be computed is: Not over $10,000............... 14.4% of such amount. Over $10,000 but not over $20,000. $1,440, plus 16% of the excess of such amount over $10,000 Over $20,000 but not over $40,000. $3,040, plus 17.6% of the excess of such amount over $20,000 Over $40,000 but not over $60,000. $6,560, plus 19.2% of the excess of such amount over $40,000 Over $60,000 but not over $80,000. $10,400, plus 20.8% of the excess of such amount over $60,000 Over $80,000 but not over $100,000. $14,560, plus 22.4% of the excess of such amount over $80,000 Over $100,000 but not over $150,000. $19,040, plus 24% of the excess of such amount over $100,000 Over $150,000 but not over $250,000. $31,040, plus 25.6% of the excess of such amount over $150,000 Over $250,000 but not over $500,000. $56,640, plus 27.2% of the excess of such amount over $250,000 Over $500,000 but not over $750,000. $124,640, plus 29.6% of the excess of such amount over $500,000 Over $750,000 but not over $1,000,000. $198,640, plus 31.2% of the excess of such amount over $750,000 Over $1,000,000 but not over $1,250,000. $276,640, plus 32.8% of the excess of such amount over $1,000,000 Over $1,250,000 but not over $1,500,000. $358,640, plus 34.4% of the excess of such amount over $1,250,000 Over $1,500,000 but not over $2,000,000. $444,640, plus 36% of the excess of such amount over $1,500,000 Over $2,000,000................ $624,640, plus 39.2% of the excess of such amount over $2,000,000.''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 4. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) Increase in Unified Credit.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``were the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,000,000.'' (b) Inflation Adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2007, the $3,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $3,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act.

Estate Tax Reduction Act of 2007 - Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 that eliminate the estate and generation-skipping transfer taxes and the basis rules for property acquired from a decedent after December 31, 2009 (thus restoring such taxes and rules). Amends the Internal Revenue Code to: (1) reduce to 39.2% the maximum estate tax rate; (2) increase to $3 million the unified credit against the estate tax; and (3) provide for an inflation adjustment to the increased credit amount after 2007.

To amend the Internal Revenue Code of 1986 to restore the estate tax, to repeal the carryover basis rule, to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes.

SECTION 1. VOLUNTARY LIMITS ON CAMPAIGN ADVERTISING. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. VOLUNTARY ADVERTISING LIMITS AND BENEFITS FOR ELIGIBLE CONGRESSIONAL CANDIDATES. ``(a) Definitions.--In this section-- ``(1) Campaign advertising.--The term `campaign advertising' means a disbursement for any communication through any broadcasting station. ``(2) Eligible congressional candidate.--The term `eligible congressional candidate' means a candidate for nomination to, or election to, the Senate or the House of Representatives that the Commission has certified under subsection (d) as an eligible candidate for a primary or general election. ``(3) General election period.--The term `general election period' means the time period beginning on the date that is 60 days before the date of the general election for the office to which the candidate is seeking election and ending on the date of the general election. ``(4) Primary election period.--The term `primary election period' means the time period beginning on the date that is 30 days before the date of the primary election for the office to which the candidate is seeking election and ending on the date of the primary election. ``(b) Requirements.-- ``(1) In general.--A candidate for election, or nomination for election, to the Senate or House of Representatives is an eligible candidate-- ``(A) for purposes of a primary election, if the Commission certifies that the candidate has met the primary election filing requirement of paragraph (2); and ``(B) for purposes of a general election, if the Commission certifies that the candidate has met the general election filing requirement of paragraph (3). ``(2) Primary election filing requirement.-- ``(A) In general.--The requirement of this paragraph is met if the candidate files with the Commission a declaration that-- ``(i) the candidate and the candidate's authorized committees will not participate in campaign advertising except during the primary election period; and ``(ii) at least 1 other candidate has qualified for the same primary election ballot under the law of the candidate's State. ``(B) Deadline for filing primary election declaration.--The declaration under subparagraph (A) shall be filed not later than the date on which the candidate files, with the appropriate State officer, as a candidate for the primary election. ``(3) General election filing requirement.-- ``(A) In general.--The requirement of this paragraph is met if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not participate in campaign advertising except during the general election period. ``(B) Deadline for filing general election declaration.--The declaration under subparagraph (A) shall be filed not later than 7 days after the earlier of-- ``(i) the date on which the candidate qualifies for the general election ballot under State law; or ``(ii) if under State law, a primary or runoff election to qualify for the general election ballot occurs after September 1, the date on which the candidate wins the primary or runoff election. ``(c) Benefits for Eligible Congressional Candidates.-- ``(1) In general.--If an eligible congressional candidate has an opponent who has qualified for the ballot, the candidate shall be entitled to the broadcast media rates provided under section 315(b)(2) of the Communications Act of 1934. ``(2) Use of benefit.--An eligible congressional candidate that uses the broadcast media rates under paragraph (1) for broadcast time shall use the time for a communication that is not less than 60 seconds in length. ``(d) Certification.-- ``(1) In general.--The Commission shall determine whether a candidate has met the requirements of this section and, based on the determination, issue a certification stating whether the candidate is an eligible candidate for the applicable election entitled to receive benefits under this section. ``(2) Certification.-- ``(A) Primary election.--Not later than 7 business days after a candidate files a declaration under subsection (b)(2), the Commission shall determine whether the candidate meets the eligibility requirements of such subsection and, if so, certify that the candidate is an eligible candidate for the primary election entitled to receive benefits under this section. ``(B) General election.--Not later than 7 business days after a candidate files a declaration under subsection (b)(3), the Commission shall determine whether the candidate meets the eligibility requirement of such subsection and, if so, certify that the candidate is an eligible candidate for the general election entitled to receive benefits under this title. ``(e) Revocation of Certification.-- ``(1) In general.--The Commission shall revoke a certification under subsection (d), based on information submitted in such form and manner as the Commission may require or on information that comes to the Commission by other means, if the Commission determines that a candidate-- ``(A) violates any requirement of this section; or ``(B) fails to continue to meet the requirements of this section. ``(2) No further benefits.--A candidate whose certification has been revoked shall be ineligible for any further benefits made available under this section for the duration of the election cycle. ``(f) Determinations by Commission.--A determination (including a certification under subsection (d)) made by the Commission under this title shall be final, except to the extent that the determination is subject to judicial review. ``(g) Penalty for Misuse of Benefits.--If the Commission revokes the certification of an eligible congressional candidate, the Commission shall so notify the candidate, and the candidate shall pay to the provider of any benefit received by the candidate under this section an amount equal to the difference between the amount the candidate paid for such benefit and the amount the candidate would have paid for the benefit if the candidate were not an eligible congressional candidate.''. SEC. 2. BROADCAST RATES AND PREEMPTION. (a) Broadcast Rates.--Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended-- (1) by striking ``(b) The charges'' and inserting the following: ``(b) Broadcast Media Rates.-- ``(1) In general.--The charges''; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (3) in paragraph (1)(A) (as redesignated by paragraph (2))-- (A) by striking ``forty-five'' and inserting ``30''; and (B) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and inserting ``lowest charge of the station for the same amount of time for the same period on the same date''; and (4) by adding at the end the following: ``(2) Eligible congressional candidates.-- ``(A) Eligible congressional candidates.--In the case of an eligible congressional candidate (as defined in section 324 of the Federal Election Campaign Act of 1971) the charges for the use of a television broadcasting station during the 30-day period and 60- day period referred to in paragraph (1)(A) shall not exceed 50 percent of the lowest charge described in paragraph (1)(A). ``(B) Noneligible congressional candidates.--In the case of a candidate for Federal office who is not an eligible congressional candidate (as so defined), paragraph (1)(A) shall not apply.''. (b) Preemption; Access.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Preemption.-- ``(1) In general.--Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1)(A), of a broadcasting station by an eligible congressional candidate (as defined in section 324 of the Federal Election Campaign Act of 1971) that has purchased and paid for such use pursuant to subsection (b)(2). ``(2) Circumstances beyond control of licensee.--If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''. (c) Revocation of License for Failure To Permit Access.--Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended-- (1) by striking ``or repeated''; (2) by inserting ``or cable system'' after ``broadcasting station''; and (3) by striking ``his candidacy'' and inserting ``the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most favored advertiser of the licensee''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.

Amends the Federal Election Campaign Act of 1971 to define an "eligible congressional candidate" as a candidate to the Senate or the House of Representatives who makes specified declarations to the Federal Election Commission (FEC) that: (1) such candidate and the candidate's authorized committees will not participate in campaign advertising except during the primary or general election period (30 and 60 days before each such election, respectively); and (2) at least one other candidate has qualified for the same primary election ballot under the law of the candidate's State. Entitles eligible congressional candidates with opponents who have qualified for the ballot to reduced broadcast media rates. Requires candidates so entitled to use the time for communications at least 60 seconds in length. Sets forth FEC certification requirements with respect to declarations. Makes candidates whose certifications have been revoked ineligible for further benefits for the duration of the election cycle. Requires candidates with revoked certifications to reimburse benefit providers for any difference in rates. Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently, 45) days before a primary at the lowest charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Limits charges for broadcast time during such period (and the 60-day period preceding a general or special election) for eligible congressional candidates to 50 percent of the lowest charge. Prohibits broadcasters from preempting advertisements by eligible congressional candidates during such periods, unless the preemption is beyond the broadcaster's control. Authorizes the Federal Communications Commission to revoke a station license or construction permit for willful (currently, willful or repeated) failure to allow reasonable access to, or permit purchase of time for, the use of a broadcasting station or cable system by a legally qualified candidate under the same terms as apply to the most favored advertiser of the licensee.

A bill to shorten the campaign period for congressional elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of State Rewards Program Update and Technical Corrections Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The Department of State's existing rewards programs permit the payment of reward for information leading to the arrest or conviction of-- (A) individuals who have committed, or attempted or conspired to commit, certain acts of international terrorism; (B) individuals who have committed, or attempted or conspired to commit, certain narcotics-related offenses; and (C) individuals who have been indicted by certain international criminal tribunals. (2) The Department of State considers the rewards program to be ``one of the most valuable assets the U.S. Government has in the fight against international terrorism''. Since the program's inception in 1984, the United States Government has rewarded over 60 people who provided actionable information that, according to the Department of State, prevented international terrorist attacks or helped convict individuals involved in terrorist attacks. (3) The program has been credited with providing information in several high-profile cases, including the arrest of Ramzi Yousef, who was convicted in the 1993 bombing of the World Trade Center, the deaths of Uday and Qusay Hussein, who United States military forces located and killed in Iraq after receiving information about their locations, and the arrests or deaths of several members of the Abu Sayyaf group, believed to be responsible for the kidnappings and deaths of United States citizens and Filipinos in the Philippines. (b) Sense of Congress.--It is the sense of Congress that the rewards program of the Department of State should be expanded in order to-- (1) address the growing threat to important United States interests from transnational criminal activity, such as intellectual property rights piracy, money laundering, trafficking in persons, arms trafficking, and cybercrime; and (2) target other individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity. SEC. 3. ENHANCED REWARDS AUTHORITY. Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended-- (1) in subsection (a)(2), by inserting ``serious violations of international humanitarian law, transnational organized crime,'' after ``international narcotics trafficking,''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``Attorney General'' and inserting ``heads of other relevant departments or agencies''; (B) in paragraphs (4) and (5), by striking ``paragraph (1), (2), or (3)'' both places it appears and inserting ``paragraph (1), (2), (3), (8), or (9)''; (C) in paragraph (6)-- (i) by inserting ``or transnational organized crime group'' after ``terrorist organization''; and (ii) by striking ``or'' at the end; (D) in paragraph (7)-- (i) in the matter preceding subparagraph (A), by striking ``, including the use by the organization of illicit narcotics production or international narcotics trafficking'' and inserting ``or transnational organized crime group, including the use by such organization or group of illicit narcotics production or international narcotics trafficking''; (ii) in subparagraph (A), by inserting ``or transnational organized crime'' after ``international terrorism''; and (iii) in subparagraph (B)-- (I) by inserting ``or transnational organized crime group'' after ``terrorist organization''; and (II) by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following new paragraphs: ``(8) the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime; ``(9) the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime; or ``(10) the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal (including a hybrid or mixed tribunal), of any foreign national accused of war crimes, crimes against humanity, or genocide, as defined under the statute of such tribunal.''; (3) in subsection (g), by adding at the end the following new paragraph: ``(3) Advance notification for international criminal tribunal rewards.--Not less than 15 days before publicly announcing that a reward may be offered for a particular foreign national accused of war crimes, crimes against humanity, or genocide, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary, setting forth the reasons why the arrest or conviction of such foreign national is in the national interests of the United States.''; and (4) in subsection (k)-- (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (4) the following new paragraphs: ``(5) Transnational organized crime.--The term `transnational organized crime' means-- ``(A) racketeering activity (as such term is defined in section 1961 of title 18, United States Code) that involves at least one jurisdiction outside the United States; or ``(B) any other criminal offense punishable by a term of imprisonment of at least four years under Federal, State, or local law that involves at least one jurisdiction outside the United States and that is intended to obtain, directly or indirectly, a financial or other material benefit. ``(6) Transnational organized crime group.--The term `transnational organized crime group' means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime.''. SEC. 4. TECHNICAL CORRECTION. Section 36(e)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended by striking ``The Secretary shall authorize a reward of $50,000,000 for the capture or death or information leading to the capture or death of Osama bin Laden.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed as authorizing the use of activity precluded under the American Servicemembers' Protection Act of 2002 (title II of Public Law 107-206; 22 U.S.C. 7421 et seq.). SEC. 6. FUNDING. The Secretary of State shall use amounts appropriated or otherwise made available to the Emergencies in the Diplomatic and Consular Services account of the Department of State to pay rewards authorized pursuant to this Act and to carry out other activities related to such rewards authorized under section 36 of the State Department Basic Authorities Act (22 U.S.C. 2708). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Department of State Rewards Program Update and Technical Corrections Act of 2012 - (Sec. 2) Expresses the sense of Congress that the Department of State rewards program should be expanded to: (1) address the threat to U.S. interests from transnational criminal activity, such as intellectual property rights piracy, money laundering, trafficking in persons, arms trafficking, and cyber crime; and (2) target individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity. (Sec. 3) Amends the State Department Basic Authorities Act of 1956 to include in the program's purpose the prevention of acts of transnational organized crime and violations of international humanitarian law. Authorizes the Secretary of State to issue rewards for information leading to: (1) the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime; (2) the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime; or (3) the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal, of any foreign national accused of war crimes, crimes against humanity, or genocide. Directs the Secretary to notify Congress at least 15 days before announcing a reward for a foreign national accused of war crimes, crimes against humanity, or genocide. (Sec. 4) Eliminates program references to the reward for the capture or death of Osama bin Laden. (Sec. 5) States that nothing in this Act shall be construed as authorizing the use of activity precluded under the American Servicemembers' Protection Act of 2002. (Sec. 6) States that the Secretary shall use amounts available to the Department's Emergencies in the Diplomatic and Consular Services account to pay rewards authorized pursuant to this Act and to carry out other related activities.

A bill to authorize the Secretary of State to pay a reward to combat transnational organized crime and for information concerning foreign nationals wanted by international criminal tribunals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Internet Freedom Act of 2014''. SEC. 2. REQUIREMENTS FOR NTIA RELINQUISHMENT OF DNS RESPONSIBILITIES. (a) In General.--Unless the Assistant Secretary submits the certification described in subsection (b) to the appropriate congressional committees at least 60 days before the date described in subsection (c)-- (1) the Assistant Secretary may not relinquish the responsibilities of the NTIA with respect to Internet domain name functions, including responsibility with respect to the authoritative root zone file, the IANA functions, or the related root zone management functions; (2) if there exists on such date an option to extend the IANA functions contract, the Assistant Secretary shall exercise such option; and (3) if there does not exist on such date an option to extend the IANA functions contract, the Assistant Secretary shall seek to enter into a new contract for the performance of the IANA functions that meets the requirements of subsection (d). (b) Certification Described.--The certification described in this subsection is a written certification that the Assistant Secretary has received a proposal for relinquishing the responsibilities of the NTIA with respect to Internet domain name functions that ensures the following: (1) Control over the management of the Internet domain name system will not be exercised by a governmental or intergovernmental body. (2) The bylaws of ICANN will be amended to provide for the following: (A) No director or officer of ICANN will be selected by or represent a governmental or intergovernmental body. (B) ICANN is prohibited from receiving advice from the Governmental Advisory Committee unless such Committee reaches consensus regarding such advice. For purposes of the preceding sentence, the term ``consensus'' means general agreement in the absence of any formal objection. (C) ICANN is committed to upholding freedom of speech, freedom of the press, freedom of assembly, and freedom of association, applying a standard that is at least as protective of such freedoms as is the First Amendment to the Constitution. (D) The term ``supermajority'' is defined for purposes of the bylaws of ICANN to mean, with respect to a vote of the board of directors, an affirmative vote by at least four-fifths of all directors. (E) A change in the bylaws of ICANN will require a vote of a supermajority of the board of directors. (F) A change in the fees that ICANN charges for its services will require a vote of a supermajority of the board of directors. (G) The directors, president, secretary, and chief financial officer of ICANN will be subject to removal in a vote of confidence by the board of directors at least once every 3 years and will serve no longer than 9 years in a single position. (H) ICANN will have a simplified, transparent process for selecting its directors under which such selections are linked with key stakeholders in the Internet community. (I) ICANN will have an independent process (such as the process between ICANN and the International Centre for Dispute Resolution for independent review of contested actions of the board of directors of ICANN and under which the Centre serves as a dispute resolution service provider for objections to new generic top-level domain expansions) for resolving disputes between ICANN and external parties in all matters related to the operations of ICANN. (3) ICANN has adopted, if necessary through amendment to its bylaws, measures recommended by the multistakeholder community to increase the transparency of ICANN deliberations and decisions, such as providing public access on the Internet to meetings of the board of directors and associated materials. (4) ICANN will adopt policies and procedures for disclosing to the public records and other information that are at least as protective of public access as the policies and procedures required by section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). The policies and procedures adopted will include a means by which the denial of a request for access to records or other information may be appealed through the independent dispute resolution process described in paragraph (2)(I). (5) There will be established a private, nonprofit corporation, to be known as the IANA Consortium, that is financed and managed by the top-level domain registries and not by ICANN. (6) The IANA Consortium, and not ICANN, will-- (A) manage the content of the root zones; (B) select an entity to carry out the editing of the root zone files that-- (i) is separate from the IANA Consortium; and (ii) the IANA Consortium is satisfied demonstrates technical competence that is at least equal to that of VeriSign; and (C) oversee the performance of such entity in the editing of the root zone files. (7) There will be established within ICANN a body to be known as the Internet Freedom Panel, which shall be composed of representatives of the Internet community, including registrars, technology groups, and civil society. No member of the Panel will be selected by or represent a governmental or intergovernmental body. (8) The bylaws of ICANN will provide that the Internet Freedom Panel will have the power to review and to veto changes to the domain name system proposed by ICANN that the Panel considers to threaten freedom of expression, the openness, stability, resiliency, or security of the Internet, responsiveness to the user community, or other commitments undertaken by ICANN in the Affirmation of Commitments in effect between the NTIA and ICANN on the date of the enactment of this Act. Any such veto will be final and will not be subject to override by any director or officer of ICANN. (9) The entity selected by the IANA Consortium to carry out the editing of the root zone files in accordance with paragraph (6)(B) will implement a policy decision adopted by ICANN unless the Internet Freedom Panel vetoes such decision. (10) ICANN will remain subject to United States law (including State law) and to the jurisdiction of United States courts (including State courts). (11) The United States Government will be granted ownership of the .gov and .mil top-level domains, and the A and B root servers that manage such top-level domains will be maintained in the United States. (12) ICANN will conduct and publicly release the results of an audit of its operations during its 5 fiscal years preceding the fiscal year in which the proposal is submitted to the Assistant Secretary and demonstrate that its financial and management decisions during such 5 fiscal years have been sound and comport with accepted business practices. (13) An annual audit of ICANN and the IANA Consortium will be performed by an internationally recognized auditing firm that will not have had a contract with ICANN during the 2-year period preceding the audit. The costs of the audit will be paid by ICANN and the IANA Consortium. (14) Neither ICANN nor the IANA Consortium will enter into an agreement or modify an existing agreement to impose on a registrar or registry with which ICANN or the IANA Consortium, as the case may be, conducts business any condition (such as a condition relating to the regulation of content) that is unrelated to ICANN's core mission of coordinating the global interoperability and uniqueness of domain names. (15) There will be established a joint office of inspector general for ICANN and the IANA Consortium that will be jointly funded by ICANN and the IANA Consortium. Such office shall be headed by an Inspector General that is appointed by the board of directors of ICANN for a non-renewable, fixed term. The Inspector General will be granted full access to ICANN and the IANA Consortium, which will include access to such matters as the finances, documents, and activities of ICANN and the IANA Consortium. (16) The reports of the Inspector General will be made publicly available and will not be subject to approval or editing by ICANN, the IANA Consortium, or the officers or directors of ICANN or the IANA Consortium. (c) Date Described.--The date described in this subsection is the following: (1) During the base period of performance of the IANA functions contract, the date on which the Assistant Secretary must give ICANN preliminary written notice of the intent to exercise the option to extend the contract through the first option period. (2) During the first option period of the IANA functions contract (if the contract is extended through such period), the date on which the Assistant Secretary must give ICANN preliminary written notice of the intent to exercise the option to extend the contract through the second option period. (3) During the second option period of the IANA functions contract (if the contract is extended through such period), the date on which such period expires. (d) Requirements for New Contract for Performance of IANA Functions.--A contract for the performance of the IANA functions meets the requirements of this subsection if such contract-- (1) is between the NTIA and ICANN or another private, nonprofit entity; and (2) provides for each assurance listed in paragraphs (1) through (16) of subsection (b), except that, in the case of a contract with an entity other than ICANN-- (A) each assurance listed in such paragraphs with respect to ICANN shall be considered to be an assurance with respect to such entity; and (B) such contract is required to provide for the assurance listed in paragraph (12) of such subsection only with respect to years during which such entity is in existence. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Base period of performance.--The term ``base period of performance'' means, with respect to the IANA functions contract, the period beginning on October 1, 2012, and ending on September 30, 2015. (4) First option period.--The term ``first option period'' means, with respect to the IANA functions contract, the period beginning on October 1, 2015, and ending on September 30, 2017. (5) IANA consortium.--The term ``IANA Consortium'' means the private, nonprofit corporation established pursuant to subsection (b)(5). (6) IANA functions.--The term ``IANA functions'' means the Internet Assigned Numbers Authority functions. (7) IANA functions contract.--The term ``IANA functions contract'' means the contract that is in effect on the date of the enactment of this Act between the NTIA and ICANN under which ICANN is required to perform the IANA functions. (8) ICANN.--The term ``ICANN'' means the Internet Corporation for Assigned Names and Numbers. (9) Internet freedom panel.--The term ``Internet Freedom Panel'' means the body established pursuant to subsection (b)(7). (10) NTIA.--The term ``NTIA'' means the National Telecommunications and Information Administration. (11) Second option period.--The term ``second option period'' means, with respect to the IANA functions contract, the period beginning on October 1, 2017, and ending on September 30, 2019. (12) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.

Defending Internet Freedom Act of 2014 - Prohibits the Assistant Secretary of Commerce for Communications and Information from relinquishing the responsibilities of the National Telecommunications and Information Administration (NTIA) with respect to Internet domain name functions (including Internet Assigned Numbers Authority [IANA] functions) unless the Assistant Secretary certifies to Congress that a proposal has been received that ensures: control over the management of the Internet domain name system (DNS) will not be exercised by a governmental or intergovernmental body; standards for freedoms of speech, of the press, of assembly, and of association are at least as protective as the First Amendment to the U.S. Constitution; the Internet Corporation for Assigned Names and Numbers (ICANN) will increase the transparency of its deliberations and adopt disclosure procedures that are at least as protective of public access as the Freedom of Information Act; a private, nonprofit corporation, to be known as the IANA Consortium, will be established to manage the content of root zones listing DNS domains available on the Internet; an Internet Freedom Panel will be established to review and veto DNS changes proposed by ICANN that the Panel considers a threat to freedom of expression, the openness, stability, resiliency, or security of the Internet, responsiveness to the user community, or other commitments undertaken by ICANN in the Affirmation of Commitments in effect between the NTIA and ICANN; ICANN will remain subject to U.S. law; the U.S. government will be granted ownership of the ".gov" and ".mil" top-level domains and specified servers will be maintained in the United States; audits of ICANN and the IANA Consortium; and establishment of a joint office of inspector general for ICANN and the IANA Consortium. Requires such a certification to also ensure amendments to ICANN bylaws concerning: (1) advice from the Governmental Advisory Committee; (2) a required supermajority of the board of directors for votes regarding changes to bylaws or fees; and (3) terms of office and removal procedures for ICANN's directors, president, secretary, and chief financial officer. Requires the Assistant Secretary, if such a certification is not submitted to Congress by a specified deadline, to: (1) extend the existing contract between the NTIA and ICANN if an option exists to extend the contract during the base period of performance ending on September 30, 2015, or during subsequent option periods for an extended contract, or (2) seek to enter a new contract subject to certain conditions for the performance of such functions if there is not an option to extend the existing contract.

Defending Internet Freedom Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Lighthouse Preservation Act of 1997''. SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS. Title III of the National Historic Preservation Act (16 U.S.C. 470w-470w-6) is amended by adding at the end the following new section: ``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION. ``(a) In General.--In order to provide a national historic light station program, the Secretary shall-- ``(1) collect and disseminate information concerning historic light stations, including historic lighthouses and associated structures; ``(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations; ``(3) sponsor or conduct research and study into the history of light stations; ``(4) maintain a listing of historic light stations; and ``(5) assess the effectiveness of the program established by this section regarding the conveyance of historic light stations. ``(b) Conveyance of Historic Light Stations.-- ``(1) Within 1 year after the date of enactment of the National Historic Lighthouse Preservation Act of 1997, the Secretary and the Administrator of General Services (in this section referred to as the Administrator) shall establish a process for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. ``(2) The Secretary shall review all applicants for the conveyance of a historic light station, when the historic light station has been identified as excess to the needs of the agency with administrative jurisdiction over the historic light station, and forward to the Administrator a single approved application for the conveyance of the historic light station. When selecting an eligible entity, the Secretary may consult with the State Historic Preservation Officer of the State in which the historic light station is located. A priority of consideration shall be afforded public entities that submit applications in which the public entity enters into a partnership with a nonprofit organization whose primary mission is historic light station preservation. ``(3) The Administrator shall convey, by quit claim deed, without consideration, all right, title, and interest of the United States in and to the historic light station, together with any related real property, subject to the conditions set forth in subsection (c) upon the Secretary's selection of an eligible entity. The conveyance of a historic light station under this section shall not be subject to the provisions of Public Law 100-77 (42 U.S.C. 11301 et seq.). ``(c) Terms of Conveyance.-- ``(1) The conveyance of a historic light station shall be made subject to any conditions as the Administrator considers necessary to ensure that-- ``(A) the lights, antennas, sound signal, electronic navigation equipment, and associated light station equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as needed for this purpose; ``(B) the eligible entity to which the historic light station is conveyed under this section shall not interfere or allow interference in any manner with aids to navigation without the express written permission of the head of the agency responsible for maintaining the aids to navigation; ``(C) there is reserved to the United States the right to relocate, replace, or add any aid to navigation or make any changes to the property conveyed under this section as may be necessary for navigation purposes; ``(D) the eligible entity to which the historic light station is conveyed under this section shall maintain the property in accordance with this Act, the Secretary's Historic Preservation Standards, and other applicable laws; and ``(E) the United States shall have the right, at any time, to enter property conveyed under this section without notice for purposes of maintaining and inspecting aids to navigation and ensuring compliance with paragraph (C), to the extent that it is not possible to provide advance notice. ``(2) The Secretary, the Administrator, and any eligible entity to which a historic light station is conveyed under this section, shall not be required to maintain any active aids to navigation associated with a historic light station. ``(3) In addition to any term or condition established pursuant to this subsection, the conveyance of a historic light station shall include a condition that the property in its existing condition, at the option of the Administrator, revert to the United States if-- ``(A) the property or any part of the property ceases to be available for education, park, recreation, cultural, and historic preservation purposes for the general public at reasonable times and under reasonable conditions which shall be set forth in the eligible entity's application; ``(B) the property or any part of the property ceases to be maintained in a manner that ensures its present or future use as an aid to navigation or compliance with this Act, the Secretary's Historic Preservation Standards, and other applicable laws; or ``(C) at least 30 days before the reversion, the Administrator provides written notice to the owner that the property is needed for national security purposes. ``(d) Description of Property.--The legal description of any historic light station, and any real property and improvements associated therewith, conveyed under this section shall be determined by the Administrator. The Administrator may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historical light station whether located at the light station or elsewhere. ``(e) Responsibilities of Conveyees.--Each eligible entity to which a historic light station is conveyed under this section shall use and maintain the light station in accordance with this section, and have such terms and conditions recorded with the deed of title to the light station and any real property conveyed therewith. ``(f) Definitions.-- For purposes of this section: ``(1) Historic light station.--The term `historic light station' includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, support structures, piers, walkways, and underlying land; provided that the light tower or lighthouse shall be-- ``(A) at least 50 years old; ``(B) evaluated for inclusion in the National Register of Historic Places; and ``(C) included on the Secretary's listing of historic light stations. ``(2) Eligible entity.--The term `eligible entity' means any department or agency of the Federal Government, any department or agency of the State in which the historic light station is located, the local government of the community in which the historic light station is located, nonprofit corporation, educational agency, or community development organization that-- ``(A) has agreed to comply with the conditions set forth in subsection (c) and to have those conditions recorded in the conveyance documents to the light station and any real property and improvements that may be conveyed therewith; ``(B) is financially able to maintain the light station (and any real property and improvements conveyed therewith) in accordance with the conditions set forth in subsection (c); and ``(C) can indemnify the Federal Government to cover any loss in connection with the light station and any real property and improvements that may be conveyed therewith, or any expenses incurred due to reversion.''. SEC. 3. SALE OF SURPLUS LIGHT STATIONS. Title III of the National Historic Preservation Act (16 U.S.C. 470w-470w-6) is further amended by adding at the end the following new section: ``SEC. 309. HISTORIC LIGHT STATION SALES. ``In the event no applicants are approved for the conveyance of a historic light station pursuant to section 308, the historic light station shall be offered for sale. Terms of such sales shall be developed by the Administrator of General Services. Conveyance documents shall include all necessary covenants to protect the historical integrity of the site. Net sale proceeds shall be transferred to the National Maritime Heritage Grant Program, established by the National Maritime Heritage Act of 1994 (Public Law 103-451) within the Department of the Interior.''. SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES. Title III of the National Historic Preservation Act (16 U.S.C. 470- 470x) is further amended by adding at the end the following new section: ``SEC. 310. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES. ``After the date of enactment of the National Historic Lighthouse Preservation Act of 1997, any department or agency of the Federal Government to which a historic light station is conveyed shall maintain the historic light station in accordance with this Act, the Secretary's Historic Preservation Standards, and other applicable laws.''.

National Historic Lighthouse Preservation Act of 1997 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations. Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; and (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator. Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program. Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secretary's Historic Preservation Standards.

National Historic Lighthouse Preservation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Preparation and Development Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The knowledge and skills of the United States workforce are fundamental to the economic competitiveness of the Nation today and in the future, however, the United States does not currently possess a comprehensive, effective, and efficient system of workforce preparation and development. (2) Due to global competition, emerging technologies in the workplace, the emergence of quality managing, corporate realignments, and the loss of many low-skilled jobs, United States workers will increasingly need to enhance their skills on a continuing, lifelong basis through such a workforce preparation and development system. (3) Reports from the Comptroller General of the United States have identified 154 different Federal programs, totaling $24,000,000,000, and administered by 14 different Federal agencies, that offer some form of education, job training, or employment assistance to youths and adults. (4) Such reports point to the many problems of duplication and fragmentation that exist within the varied Federal workforce preparation and development programs, including-- (A) the additional costs of administering overlapping workforce preparation and development programs at the Federal, State, and local levels which divert scarce resources that could be better used to assist all individuals in preparing for and entering the workforce; and (B) conflicting eligibility requirements, annual budgeting and operating cycles, planning and reporting requirements, and performance measurement systems which serve as barriers to the integration of Federal workforce preparation and development programs and result in an inefficient use of resources. (5) Major goals of any reform of the Federal workforce preparation and development system must be-- (A) to streamline and consolidate individual workforce preparation and development programs, eliminating unnecessary duplication and fragmentation in such programs; (B) to provide maximum authority and responsibility to States and local communities for operation of State and local workforce preparation and development programs; (C) to stress private sector partnerships and encourage increased leadership and responsibility on the part of the private sector through the use of creative incentives for investment in workforce training (which may include reduced regulatory burdens, tax incentives, and employer loans for the training of incumbent workers); (D) to establish a system which is market-driven, accountable, provides customer choice and easy access to services, and reinforces individual responsibility; (E) to improve education, literacy, job training and employment assistance programs in the United States, encouraging lifelong learning and skills upgrading through a seamless system connecting elementary, secondary, postsecondary, adult, and work- based training and education; and (F) to establish a comprehensive, integrated labor market information system to ensure that workforce preparation and development programs are related to the demand for particular skills in local labor markets, and to ensure that information about the employment and earnings of the local workforce, occupations in demand, skill requirements for such occupations, and the performance of education and training providers, are available to job seekers, employers, teachers, students, and decision-makers. (6) Early exposure to career opportunities can enrich the education experience and provide incentives for students to stay in school and achieve higher levels of learning. (7) Millions of families in the United States are trapped in a cycle of poverty, dependency, and undereducation that is linked to illiteracy and low educational achievement, for which adult education and family literacy programs have been shown to be successful in improving the educational attainment and job skills of parents and their children, contributing to reductions in crime, welfare dependency, and enhancing employment opportunities for such individuals. (8) In recent years, a number of innovative States and local communities have begun successful efforts to integrate Federal workforce preparation and development programs through one-stop service delivery systems, however, without exception, such States and communities have experienced numerous Federal barriers to such program integration. (b) Purpose.--The purpose of this Act is to begin the transformation of the vast array of Federal workforce preparation and development programs from a collection of fragmented and duplicative categorical programs into a streamlined, comprehensive, coherent, high- quality, cost-effective, and accountable Federal workforce preparation and development system that is designed to meet the education, employment, and training needs of the workforce of the United States, both today and in the future. SEC. 3. DECLARATION OF INTENT. Not later than the adjournment sine die of the 104th Congress, the Congress shall carry out the following: (1) The Congress shall conduct a thorough evaluation of all Federal workforce preparation and development programs to determine the quality, effectiveness, and efficiency of such programs. (2) The Congress shall enact legislation that provides for the following: (A) The elimination of duplication and fragmentation among Federal workforce preparation and development programs through the reform, consolidation, and, where appropriate, elimination of such programs, thus providing States and local communities with streamlined and more flexible funding for the purpose of preparing the future and current workforce. (B) The transfer of major decision-making authority for the design, governance, and implementation of comprehensive, integrated workforce preparation and development systems to States and local communities. (C) A vital role for the private sector at the Federal, State, and local levels in the design and implementation of a Federal workforce preparation and development system established in accordance with subparagraph (D), encouraging the utilization of State and local employer-led boards responsible for strategic planning and program oversight of State and local workforce preparation and development systems. (D) The establishment of a Federal workforce preparation and development system that-- (i) is streamlined and consolidated; (ii) provides maximum authority and responsibility to States and local communities for the operation of State and local workforce preparation and development programs; (iii) is accountable; (iv) stresses private sector partnerships and encourages increased leadership and responsibility on the part of the private sector for investment in workforce training; (v) is market-driven; (vi) provides customer choice and easy access to services; and (vii) reinforces individual responsibility by stressing attachment to employment, and at the same time, encouraging lifelong learning and skills upgrading through a seamless system connecting elementary, secondary, postsecondary, adult, and work-based training and education. (E) The establishment of a national labor market information system that provides employers, job seekers, students, teachers, training providers, and others with accurate and timely information on the local economy, occupations in demand, earnings, and the skill requirements for such occupations, and information on the performance of service providers in the local community. (3) Consistent with the legislation enacted in accordance with paragraph (2), the Congress shall provide for the repeal of existing Federal workforce preparation and development programs, as appropriate. SEC. 4. FEDERAL WORKFORCE PREPARATION AND DEVELOPMENT PROGRAMS DEFINED. For purposes of this Act, the term ``Federal workforce preparation and development programs'' means programs under any of the following provisions of law: (1) The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.). (2) The Job Training Partnership Act (29 U.S.C. 1501 et seq.). (3) The Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) The Job Opportunities and Basic Skills Training Program authorized under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.). (5) The Adult Education Act (20 U.S.C. 1201 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (7) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (8) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). (9) Section 6(d)(4) of the Food Stamp Act of 1977. (10) Veterans vocational training programs authorized under chapter 106 of title 10, United States Code, and chapters 30, 31, 32, 35, and 41 of title 38, United States Code. (11) Other Federal employment, education, or training programs, as appropriate.

Workforce Preparation and Development Act - Declares the intent of the Congress to provide for the establishment of a comprehensive and consolidated workforce preparation and development system in the United States. Declares that, by the end of the 104th Congress, the Congress shall: (1) conduct a thorough evaluation of all Federal workforce preparation and development programs to determine their quality, effectiveness, and efficiency; (2) enact legislation that provides for a comprehensive and consolidated workforce preparation and development system, with specified features; and (3) repeal specified existing Federal workforce preparation and development programs, as appropriate.

Workforce Preparation and Development Act

SECTION 1. ESTATE TAX DEFERRAL IF REAL PROPERTY MANAGED ACCORDING TO HABITAT CONSERVATION AGREEMENT. (a) In General.--Part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end the following new section: ``SEC. 2057. EXCLUSION OF REAL PROPERTY MANAGED UNDER HABITAT CONSERVATION AGREEMENT. ``(a) In General.--If the executor elects the application of this section and files the agreement referred to in subsection (b), then for purposes of the tax imposed by section 2001 the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of the qualified real property of the decedent included in determining the gross estate. ``(b) Qualified Real Property.--For purposes of this section, the term `qualified real property' means real property with respect to which each owner has entered into an agreement-- ``(1) with the Secretary of the Interior or the Secretary of Commerce, under which each owner agrees to maintain the property in accordance with habitat conservation concerns, as determined by the agreement, or ``(2) with a State environmental agency, under which each owner agrees to so maintain the property, if the agreement is approved by the Secretary of the Interior or the Secretary of Commerce. ``(c) Recapture.-- ``(1) Disposition of interest, material breach, or termination.-- ``(A) In general.--Except as provided in subparagraph (C), if-- ``(i) any owner disposes of any interest in the property to which subsection (a) applies, or ``(ii) there is a material breach or termination by any owner of any agreement described in subsection (b) with respect to such property, then there is hereby imposed an additional tax. ``(B) Amount of tax.--The amount of the tax imposed by subparagraph (A) with respect to any property shall equal the sum of-- ``(i) the difference between-- ``(I) the amount of the tax imposed by section 2001 on the estate of the decedent, and ``(II) the amount of tax which would have been so imposed if the value of real property excluded under subsection (a) had been included in the gross estate at the fair market value applicable at the time of the disposition, breach, or termination referred to in subparagraph (A), and ``(ii) if the disposition, breach, or termination referred to in subparagraph (A) occurs during the 2-year period beginning on the date of the death of the decedent referred to subsection (a), interest on the amount described in clause (i), determined using the underpayment rate established under section 6621, for the period beginning on the due date of the return of the tax imposed by section 2001 (determined without regard to any extension) and ending on the date of the payment of the additional tax under this paragraph. ``(C) Exception if transferee assumes obligations of transferor.--Subparagraph (A)(i) shall not apply to a disposition by an owner if the owner (or his estate) and the transferee of the property enter into a written agreement under which the transferee agrees-- ``(i) to assume the obligations imposed on the owner under the agreement described in subsection (b), ``(ii) to assume liability for any tax imposed under subparagraph (A) with respect to any future transfers or breaches by such transferee, and ``(iii) to notify the Secretary of the Interior or the Secretary of Commerce (whichever is applicable) and the Secretary that the transferee has assumed the obligations and liabilities described in clauses (i) and (ii). If an owner and a transferee enter into an agreement described in clauses (i), (ii), and (iii), such transferee shall be treated for purposes of this section as having entered into an agreement described in subsection (b). ``(2) Statute of limitations.--If a taxpayer incurs a tax liability pursuant to paragraph (1), then-- ``(A) the statutory period for the assessment of any additional tax imposed by paragraph (1) shall not expire before the expiration of 3 years from the date the Secretary is notified (in such manner as the Secretary may by regulation prescribe) of the incurring of such tax liability, and ``(B) such additional tax may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law that would otherwise prevent such assessment. ``(d) Owner.--For purposes of this section, the term `owner' means a person in being who has an interest (whether or not in possession) in real property. ``(e) Election and Filing of Agreement.-- ``(1) Election.--The election under this section shall be made on the return of the tax imposed by section 2001. Such election shall be made in such manner as the Secretary shall by regulation provide. ``(2) Agreement.--The agreement described in subsection (b) shall be filed in such manner as the Secretary shall by regulation prescribe.'' (b) Clerical Amendment.--The table of sections for part II of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2017. Credit if real property managed under habitat conservation agreement.'' (c) Effective Date.--The amendments made by this Act shall apply to the estates of decedents dying after the date of the enactment of this Act. SEC. 2. CREDIT FOR CERTAIN CONSERVATION EXPENSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30A. CREDIT FOR CONSERVATION EXPENSES. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable conservation expense amount for the taxable year. ``(b) Applicable Conservation Expense Amount.--For purposes of this section-- ``(1) In general.--The term `applicable conservation expense amount' means, with respect to qualified conservation expenses paid or incurred by the taxpayer during the taxable year-- ``(A) such qualified conservation expenses, if the out-of-pocket expenses of the taxpayer are 50 percent or more of such qualified conservation expenses, or ``(B) the out-of-pocket expenses of the taxpayer, if the out-of-pocket expenses are less than 50 percent of such qualified conservation expenses. ``(2) Out-of-pocket expenses.--The term `out-of-pocket expenses' means, with respect to qualified conservation expenses paid or incurred by the taxpayer during the taxable year, the excess of-- ``(A) such qualified conservation expenses, over ``(B) the amount of any grant to the taxpayer which is-- ``(i) made for the purpose of paying such qualified conservation expenses, and ``(ii) excludable from income. ``(c) Qualified Conservation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified conservation expenses' means, with respect to any real property, expenses paid or incurred for-- ``(A) any action taken pursuant to a qualified conservation agreement for such property, or ``(B) any qualified conservation activity. ``(2) Qualified conservation activity.--The term `qualified conservation activity' means any activity so designated for purposes of this paragraph by the Director of the United States Fish and Wildlife Service or the Administrator of the National Marine Fisheries Service. ``(3) Qualified conservation agreement.--The term `qualified conservation agreement' means an agreement described in section 2057(b). ``(d) Limitation.--The credit allowed under this section for any taxable year may not exceed $1,500. ``(e) Carryforward or Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A and this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year up to 10 years. ``(f) Denial of Double Benefit.--No deduction may be allowed under this chapter for any expense for which a credit is allowed under this section. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30A. Credit for conservation expenses.'' (c) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act. SEC. 3. EXCLUSION FROM INCOME OF GRANTS MADE FOR QUALIFIED CONSERVATION EXPENSES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. GRANTS MADE FOR QUALIFIED CONSERVATION EXPENSES. ``(a) In General.--Gross income shall not include the amount of any grant which is-- (1) made to the taxpayer for the purpose of paying, during the taxable year, qualified conservation expenses with respect to real property owned by the taxpayer, and (2) used by the taxpayer to pay such expenses. ``(b) Qualified Conservation Expenses.--For purposes of this section, the term `qualified conservation expenses' has the meaning given such term by section 30A(d).'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 137 and inserting the following new items: ``Sec. 137. Grants made for qualified conservation expenses. ``Sec. 138. Cross references to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit an executor to exclude from the value of the gross estate an amount equal to the value of the qualified real property of the decedent which is maintained in accordance with habitat conservation concerns, if the executor files a habitat conservation agreement. Provides for recapture if: (1) an owner dispenses of any interest in the property; or (2) there is a material breach or termination by an owner of any agreement with respect to such property. Permits a disposition by an owner, without recapture, if the owner (or his estate) and the transferee of the property enter into a written agreement under which the transferee agrees to: (1) assume the obligations imposed on the owner under the agreement; (2) assume liability for any tax imposed with respect to any future transfers or breaches; and (3) notify the Secretary of the Interior or of Commerce that the transferee has assumed the obligations and liabilities. Allows a tax credit in an amount equal to the applicable conservation expense amount. Limits such credit allowed to a maximum of $1,500. Provides for the carryforward of unused credit. Provides for exclusion from gross income of the amount of any grant which is: (1) made to the taxpayer for the purpose of paying qualified conservation expenses with respect to real property owned by the taxpayer; and (2) used by the taxpayer to pay such expenses.

To amend the Internal Revenue Code of 1986 to provide an estate tax credit with respect to property managed according to certain habitat conservation agreements, to provide a credit for certain conservation expenses, and to exclude from income amounts received from others to pay for such expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fraud Reduction and Data Analytics Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; and (2) the term ``improper payment'' has the meaning given the term in section 2(g) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). SEC. 3. ESTABLISHMENT OF FINANCIAL AND ADMINISTRATIVE CONTROLS RELATING TO FRAUD AND IMPROPER PAYMENTS. (a) Guidelines.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, shall establish guidelines for agencies to establish financial and administrative controls to identify and assess fraud risks and design and implement control activities in order to prevent, detect, and respond to fraud, including improper payments. (2) Contents.--The guidelines described in paragraph (1) shall incorporate the leading practices identified in the report published by the Government Accountability Office on July 28, 2015, entitled ``Framework for Managing Fraud Risks in Federal Programs''. (3) Modification.--The Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, may periodically modify the guidelines described in paragraph (1) as the Director and Comptroller General may determine necessary. (b) Requirements for Controls.--The financial and administrative controls required to be established by agencies under subsection (a) shall include-- (1) conducting an evaluation of fraud risks and using a risk-based approach to design and implement financial and administrative control activities to mitigate identified fraud risks; (2) collecting and analyzing data from reporting mechanisms on detected fraud to monitor fraud trends and using that data and information to continuously improve fraud prevention controls; and (3) using the results of monitoring, evaluation, audits, and investigations to improve fraud prevention, detection, and response. (c) Reports.-- (1) In general.--Except as provided in paragraph (2), for each of the first 3 fiscal years beginning after the date of enactment of this Act, each agency shall submit to Congress, as part of the annual financial report of the agency, a report on the progress of the agency in-- (A) implementing-- (i) the financial and administrative controls required to be established under subsection (a); (ii) the fraud risk principle in the Standards for Internal Control in the Federal Government; and (iii) Office of Management and Budget Circular A-123 with respect to the leading practices for managing fraud risk; (B) identifying risks and vulnerabilities to fraud, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and (C) establishing strategies, procedures, and other steps to curb fraud. (2) First report.--If the date of enactment of this Act is less than 180 days before the date on which an agency is required to submit the annual financial report of the agency, the agency may submit the report required under paragraph (1) as part of the following annual financial report of the agency. SEC. 4. WORKING GROUP. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Office of Management and Budget shall establish a working group to improve-- (1) the sharing of financial and administrative controls established under section 3(a) and other best practices and techniques for detecting, preventing, and responding to fraud, including improper payments; and (2) the sharing and development of data analytics techniques. (b) Composition.--The working group established under subsection (a) shall be composed of-- (1) the Controller of the Office of Management and Budget, who shall serve as Chairperson; (2) the Chief Financial Officer of each agency; and (3) any other party determined to be appropriate by the Director of the Office of Management and Budget, which may include the Chief Information Officer, the Chief Procurement Officer, or the Chief Operating Officer of each agency. (c) Consultation.--The working group established under subsection (a) shall consult with Offices of Inspectors General and Federal and non-Federal experts on fraud risk assessments, financial controls, and other relevant matters. (d) Meetings.--The working group established under subsection (a) shall hold not fewer than 4 meetings per year. (e) Plan.--Not later than 270 days after the date of enactment of this Act, the working group established under subsection (a) shall submit to Congress a plan for the establishment and use of a Federal interagency library of data analytics and data sets, which can incorporate or improve upon existing Federal resources and capacities, for use by agencies and Offices of Inspectors General to facilitate the detection, prevention, and recovery of fraud, including improper payments.

. Fraud Reduction and Data Analytics Act of 2015 (Sec. 3) This bill requires the Office of Management and Budget (OMB) to establish guidelines for federal agencies to establish financial and administrative controls to identify and assess fraud risks and design and implement control activities in order to prevent, detect, and respond to fraud, including improper payments. The guidelines shall incorporate the leading practices identified in the report published by the Government Accountability Office on July 28, 2015, entitled "Framework for Managing Fraud Risks in Federal Programs." The financial and administrative controls shall include: conducting an evaluation of fraud risks and using a risk-based approach to design and implement financial and administrative control activities to mitigate identified fraud risks; collecting and analyzing data from reporting mechanisms on detected fraud to monitor fraud trends and using that data and information to continuously improve fraud prevention controls; and using the results of monitoring, evaluation, audits, and investigations to improve fraud prevention, detection, and response. Each agency shall submit as part of its annual financial report a report on its progress in: implementing such financial and administrative controls, the fraud risk principle in the Standards for Internal Control in the Federal Government, and OMB Circular A-123 leading practices for managing fraud risk; identifying risks and vulnerabilities to fraud; and establishing steps to curb fraud. (Sec. 4) The OMB must establish a working group to: (1) improve the sharing of financial and administrative controls and other best practices and techniques for detecting, preventing, and responding to fraud and the sharing and development of data analytics techniques; and (2) submit a plan for a federal interagency library of data analytics and data sets for use by agencies and Offices of Inspectors General to facilitate the detection, prevention, and recovery of fraud.

Fraud Reduction and Data Analytics Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Performance Buildings Act of 2005''. SEC. 2. INCLUDING SUSTAINABLE DEVELOPMENT IN HOUSING STRATEGY. Section 105(b) of the Cranston-Gonzalez National Affordable Housing Act of 1990 (42 U.S.C. 12705(b)) is amended-- (1) by striking ``and'' at the end of paragraph (19); (2) by striking the period at the end of paragraph (20) and inserting ``; and''; (3) and by inserting after paragraph (20) the following: ``(21) describe the jurisdiction's strategies to encourage sustainable development for affordable housing, as measured by-- ``(A) greater energy efficiency; ``(B) increased conservation and reuse of resources; ``(C) more effective use of existing infrastructure; and ``(D) such other criteria as the Secretary determines are in accordance with the purposes of this paragraph.''. SEC. 3. GRANT PROGRAM TO INCREASE SUSTAINABLE LOW-INCOME COMMUNITY DEVELOPMENT CAPACITY. (a) In General.--The Secretary of Housing and Urban Development may make grants to nonprofit organizations to use for any of the following purposes: (1) Training, educating, supporting, or advising an eligible community development organization in improving energy efficiency, resource conservation and reuse, and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities. (2) Providing loans, grants, or predevelopment assistance to eligible community development organizations to carry out energy efficiency improvements, resource conservation and reuse, and effective use of existing infrastructure in affordable housing and economic development activities in low- income communities. (3) Such other purposes as the Secretary determines are in accordance with the purposes of this subsection. (b) Application Requirement.--To be eligible for a grant under this section, a nonprofit organization shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Matching Requirement.--A grant made under this section may not exceed the amount that the nonprofit organization receiving the grant certifies, to the Secretary, will be provided (in cash or in kind) from non-governmental sources to carry out the purposes for which the grant is made. (d) Definitions.--In this section: (1) The term ``nonprofit organization'' has the meaning given such term in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704). (2) The term ``eligible community development organization'' means-- (A) a unit of general local government (as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704); (B) a community housing development organization (as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704); or (C) a tribal government (as defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658). (3) The term ``low-income community'' means a census tract in which 50 percent or more of the households have an income which is less than 80 percent of the greater of-- (A) the area median gross income for such year for the area in which such census tract is located; or (B) the median gross income for such year for the State in which such census tract is located. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2007 through 2011. SEC. 4. SUSTAINABLE BUILDING INSTITUTE. The National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended by adding at the end the following: ``SEC. 17. SUSTAINABLE BUILDING INSTITUTE. ``(a) Establishment.--There is established within the Foundation a Sustainable Building Institute (hereinafter in this section referred to as the `Institute'). ``(b) Duties and Functions.-- ``(1) Undertaking and supporting research and other activities.--The Institute shall undertake, or support through providing grants, loans, or other forms of assistance-- ``(A) research regarding the relationships among indoor environmental quality, human health, and human productivity; and ``(B) research, development, and commercial application of energy efficiency and renewable energy technologies for buildings, including-- ``(i) water heating systems and lighting systems; ``(ii) building insulation technology; ``(iii) technology and methods for improving the cost effectiveness of fuel cells; and ``(iv) technology and methods for reducing the installation costs of solar photovoltaic energy systems. ``(2) Consultation to avoid duplication.--The Institute shall consult with other Federal agencies to avoid duplication of activities authorized under this subsection.''.

High Performance Buildings Act of 2005 - Amends the Cranston-Gonzalez National Affordable Housing Act of 1990 to require that state and local housing strategies include a description of the jurisdiction's strategies to encourage sustainable development for affordable housing. Authorizes the Secretary of Housing and Urban Development to make grants to nonprofit organizations to use for specified purposes to improve or carry out energy efficiency, resource conservation and reuse, and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities. Establishes within the National Science Foundation a Sustainable Building Institute to undertake or support through providing grants, loans, or other assistance: (1) research regarding the relationships among indoor environmental quality, human health, and human productivity; and (2) research, development, and commercial application of energy efficiency and renewable energy technologies for buildings.

To increase the use and research of sustainable building design technology, and for other purposes.

SECTION 1. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE. (a) In General.--Subchapter I of chapter 311 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 31109. Over-the-road bus security grant program ``(a) In General.-- ``(1) Fund established.--The Secretary of the Treasury shall establish an Over-the-road Bus Security Fund account in the Treasury into which the Secretary of the Transportation shall deposit amounts appropriated under paragraph (2). ``(2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Transportation $200,000,000 for fiscal year 2002, and $200,000,000 for fiscal year 2003, for deposit into the account established under paragraph (1). Amounts deposited into the account shall remain available until expended. ``(b) Grant Program.--Without further appropriation, amounts in the Over-the-road Bus Security Fund account are available to the Secretary of Transportation for direct grants to persons engaged in the business of providing over-the-road bus transportation for system-wide security upgrades, including the reimbursement of extraordinary security-related costs determined by the Secretary to have been incurred by such operators since September 11, 2001, including-- ``(1) establishing an emergency communications and notification system linked to law enforcement or emergency response personnel; ``(2) protecting or isolating the driver; ``(3) implementing and operating passenger screening programs at terminals and on over-the-road buses (as defined in section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 nt)); ``(4) acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or otherwise, and information links with government agencies; ``(5) constructing or modifying terminals, garages, facilities, or over-the-road buses to assure their security; ``(6) training employees in recognizing and responding to terrorist threats, evacuation procedures, passenger screening procedures, and baggage inspection; ``(7) hiring and training security officers; ``(8) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages and over-the- road bus facilities; and ``(9) creating a program for employee identification and background investigation. ``(c) Applications.--To receive a grant under subsection (b), an applicant shall submit an application, at such time, in such manner, in such form, and containing such information, as the Secretary may require, and a plan that meets the requirements of subsection (c) for the project to be funded, in whole or in part, by the grant. ``(d) Plan Required.--The Secretary may not make a grant under subsection (b) for a system-wide security upgrade project until the applicant has submitted to the Secretary, and the Secretary has approved, a plan for the project, and the applicant has submitted to the Secretary such additional information as the Secretary may require in order to ensure full accountability for the obligation or expenditure of grant amounts. ``(e) Federal Standards.--Section 5333 of this title applies to any work financed with a grant under this section to the same extent as if it were financed with a grant under chapter 53 of this title. The application of that section does not affect or discharge any other responsibility of the Secretary under this title with respect to work financed by a grant under this section.''. (b) Conforming Amendments.-- (1) The chapter analysis for chapter 311 of title 49, United States Code, is amended-- (A) by striking ``state'' in the heading for subchapter I; and (B) by inserting after the item relating to section 31108 the following: ``31109. Over-the-road bus security grant program.''. SEC. 2. BUS SECURITY RECOMMENDATIONS. (a) In General.--The Secretary of Transportation may use not less than $3,000,000 and not more than $5,000,000 of the amounts deposited in the Over-the-road Bus Security Fund account established under section 31109 of title 49, United States Code, for research and development of security recommendations for over-the-road buses (as defined in section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 nt)), including-- (1) a review of actions already taken to address identified security issues by both public and private entities; (2) research on engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (3) compilation, review, and dissemination of industry best practices. (b) Consultation With Industry, Labor, and Other Groups.--In carrying out this section, the Secretary shall consult with over-the- road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences.

Amends Federal transportation law to direct the Secretary of the Treasury to establish an Over-the-road Bus Security Fund in the Treasury, with amounts available to the Secretary of Transportation (Secretary) for direct grants to persons engaged in the business of providing over-the-road bus transportation for specified system-wide security upgrades, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.Limits to between $3 million and $5 million the amount of deposits in the Security Fund which the Secretary may use for research and development of security recommendations for over-the-road buses, including: (1) a review of actions already taken to address identified security issues by both public and private entities; (2) research on engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (3) compilation, review, and dissemination of industry best practices.Requires the Secretary to consult with over-the-road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences.

A bill to authorize grants to improve security on over-the-road buses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Daniel Webster Congressional Fellowship Act''. SEC. 2. DANIEL WEBSTER CONGRESSIONAL FELLOWSHIP PROGRAM. (a) Establishment.--There is hereby established the Daniel Webster Congressional Fellowship Program (hereafter referred to as the ``Program''), under which up to 40 eligible law school graduates shall be selected as Daniel Webster Congressional Fellows (hereafter referred to as ``Fellows'') for each Congress. (b) Selection by Joint Congressional Leadership.--The Fellows for a Congress shall be selected jointly from among eligible individuals by the Speaker and Minority Leader of the House of Representatives and the Majority and Minority Leaders of the Senate, or their designees. (c) Employment With Participating Office.-- (1) In general.--An individual selected as a Fellow shall be appointed to serve as an employee in a participating office of the House of Representatives or Senate during the Congress for which the Fellow is selected. (2) Compensation.--Notwithstanding any other authority regarding the salaries of employees of the House of Representatives or Senate, for each session of a Congress during which a Fellow is employed in a participating office under the Program, the individual shall receive compensation at an annual rate established by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, except that the rate established by the Committees may not be less than the average annual rate of compensation for pay periods during that session for judicial clerks of the United States District Court for the District of Columbia. SEC. 3. CRITERIA FOR ELIGIBILITY. (a) In General.--An individual is eligible to serve as a Fellow under the Program if the individual-- (1) meets the criteria for eligibility described in subsection (b); and (2) submits the application materials described in subsection (c) at such time and in such form as the Committees on House Administration of the House of Representatives and Rules and Administration of the Senate may require. (b) Criteria Specified.--An individual meets the criteria described in this subsection if-- (1) the individual received a juris doctor degree from an accredited law school; (2) the individual provides evidence of a record of exceptional academic achievement in law school; (3) the individual demonstrates a commitment to public service and a strong interest in public policy; (4) the individual possesses the professional knowledge and skills necessary to contribute successfully to the legislative process; and (5) the individual meets such other criteria as the Committees referred to in subsection (a)(2) may establish. (c) Application Materials.--The application materials described in this subsection are as follows: (1) A Program application prepared by the Committees referred to in subsection (a)(2). (2) A resume highlighting academic, professional, and personal achievements. (3) 2 writing samples. (4) A brief essay describing why the individual seeks to become a Fellow. (5) Such other materials as the Committees may require. SEC. 4. ASSIGNMENT OF FELLOWS TO PARTICIPATING OFFICES. (a) Assignment.-- (1) In general.--The Committees on House Administration of the House of Representatives and Rules and Administration of the Senate shall assign the individuals selected as Fellows to be appointed as employees with participating offices of the House and Senate on the basis of such criteria as the Committees shall establish, taking into consideration the background and interest of each Fellow and the needs of the participating office, except that-- (A) the number of Fellows assigned to offices of the House of Representatives may not be less than the number of Fellows assigned to offices of the Senate; and (B) the number of Fellows assigned to offices of a House of Congress which are affiliated with the majority political party of that House shall be equal to the number of Fellows assigned to offices of that House of Congress which are affiliated with the minority political party of that House. (2) Treatment of committees.--For purposes of paragraph (1)-- (A) a Fellow who is assigned to a joint committee of the Congress shall be considered to be assigned both to an office of the House and an office of the Senate; and (B) a Fellow who is assigned to a committee shall be considered to be assigned to an office affiliated with the majority political party, except that if the assignment specifies that the Fellow is to work under the direction of the ranking minority member of the committee, the Fellow shall be considered to be assigned to an office affiliated with the minority political party. (b) Participating Offices.--For purposes of this Act, a ``participating office'' of the House of Representatives or Senate is any office of the House or Senate, including the office of a Member, committee, joint committee, or any other entity, which enters into an agreement with the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate (as the case may be) to participate in the Program. SEC. 5. NO EFFECT ON NUMBER OF EMPLOYEES OR ALLOWANCE FOR PARTICIPATING OFFICES. The employment of a Fellow by an office of the House of Representatives or Senate during a year, and the payment of a salary to such a Fellow by an office during a year, shall be in addition to all personnel and allowances otherwise made available to the office during the year under other provisions of law, rule, or other authority. SEC. 6. ADMINISTRATION; REGULATIONS. The Program shall be operated and administered jointly by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and each such Committee is authorized to promulgate such regulations as may be necessary to carry out the Program. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out the Program such sums as may be necessary for fiscal year 2007 and each succeeding fiscal year. (b) Availability of Funds.--Amounts appropriated in any fiscal year pursuant to the authorization under this section shall remain available until expended.

Daniel Webster Congressional Fellowship Act - Establishes the Daniel Webster Congressional Fellowship Program, under which up to 40 eligible law school graduates shall be selected by specified congressional leaders as Daniel Webster Congressional Fellows for each Congress. Requires a Fellow to serve as an employee in a participating office of the House or Senate during the Congress for which the individual is selected. Specifies eligibility criteria for a Fellow, including a juris doctor degree.

To establish the Daniel Webster Congressional Fellowship Program for qualified graduates of law schools to serve in temporary positions in offices of the House of Representatives and Senate, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ESEA Fiscal Fairness Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To remedy the inequitable distribution of State and local funds within the areas served by local educational agencies. (2) To reinforce the supplementary intent of funds made available under title I of the Elementary and Secondary Education Act of 1965, ensuring that these funds serve their original purpose of subsidizing the increased costs associated with educating students in concentrated poverty. (3) To address the statutory, regulatory, and enforcement weaknesses that have undermined the role of the comparability requirement in ensuring comparability within school districts. (4) To require the inclusion of real teacher salaries in calculations of per-pupil expenditures. (5) To provide sufficient transparency, accountability, and disclosure to allow parents, communities, educators, and local agency officials to ensure students have access to the resources they need to achieve at high levels. SEC. 3. COMPARABILITY OF EXPENDITURES. Section 1120A(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6321(c)) is amended to read as follows: ``(c) Comparability of Expenditures.-- ``(1) In general.-- ``(A) Comparable funding in general.--Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if the average expenditure per pupil of State and local funds in each school served under this part is at least 97 percent of the average expenditure per pupil of State and local funds across all schools that are not receiving funds under this part. ``(B) Comparable funding among schools.--If the local educational agency is serving all of such agency's schools under this part, such agency may receive funds under this part only if the average expenditure per pupil of State and local funds in each higher poverty school is at least 97 percent of the average expenditure per pupil of State and local funds across all lower poverty schools. ``(2) Equivalence.--A local educational agency shall be considered to have met the requirements of paragraph (1), and to be eligible to receive funds under this part, if-- ``(A) such agency has filed with the State educational agency an up-to-date school-by-school listing of per-pupil expenditures of State and local funds for each school served by the agency; and ``(B) the listing identified in clause (i) demonstrates comparability across schools as required by subparagraph (A) or (B) of paragraph (1). ``(3) Basis.--A local educational agency may meet the requirements of subparagraphs (A) and (B) of paragraph (1) across all schools or among schools serving a particular grade span, if the local educational agency compares schools within no more than three grade spans. ``(4) Monitoring.-- ``(A) Regulations by secretary.--Not later than 4 months after the date of the enactment of the ESEA Fiscal Fairness Act, the Secretary shall issue regulations concerning State educational agencies' and local educational agencies' responsibilities for meeting the requirements of this subsection. ``(B) Regulations by states.--Not later than 6 months after the date on which the regulations required by subparagraph (A) are issued, each State educational agency shall create and distribute to local educational agencies, and make available to the public, regulations on the responsibilities of local educational agencies for meeting the requirements of this subsection. ``(C) Plan by local educational agencies.--Not later than 14 months after the date on which regulations required by subparagraph (B) are distributed, each local educational agency shall develop and submit to the State educational agency a plan, including a time line and annual benchmarks, that will ensure comparability as described in subparagraphs (A) and (B) of paragraph (1) not later than 3 years after the date on which the regulations required by subparagraph (B) are distributed. The plan shall be made available to the public. ``(D) Audit.--In each of the fourth and fifth years after the date of the enactment of this Act, the Inspector General of the Department shall audit 5 States and 10 local educational agencies to determine progress in meeting the requirements of this section. ``(5) Inapplicability.--This subsection shall not apply to a local educational agency that does not have more than one building for each grade span. ``(6) Compliance.--For the purpose of determining compliance with paragraph (1), a local educational agency -- ``(A) shall exclude State and local funds expended for the excess costs of providing English language instruction for Limited English Proficient students as determined by the local educational agency; ``(B) shall exclude State and local funds expended for the excess costs of providing services to children with disabilities as determined by the local educational agency; and ``(C) may exclude supplemental State or local funds in any school attendance area or school for programs that meet the intent and purpose of this part. ``(7) Forced transfers.--Nothing in this subsection shall be construed to require the forced or involuntary transfer of any school personnel to comply with subparagraph (A) of paragraph (1). ``(8) Comparability as minimum standard.-- ``(A) In general.--Nothing in this subsection shall be construed to limit or discourage the allocation of State or local funds to schools served under this part in excess of 100 percent of the average per-pupil expenditure for schools not served under this part. ``(B) Exception.--If the local educational agency is serving all schools under this part, nothing shall be construed to discourage the allocation of State and local funds to any higher poverty schools in excess of 100 percent of the average per-pupil expenditure in lower poverty schools. ``(9) Public reporting.-- ``(A) School report cards.--Beginning with the first academic year that begins after the date of the enactment of the ESEA Fiscal Fairness Act, and for each academic year thereafter, each local educational agency shall include on the school report cards required under section 1111(h)(2) the following: ``(i) The average per-pupil expenditures of State and local funds for the school. ``(ii) The average per-pupil expenditures of State and local funds for schools in the local educational agency not served under this part or for lower poverty schools when all schools in the local educational agency are served under this part. ``(iii) The mean of average per-pupil expenditures of State and local funds for all schools in the State. ``(B) Up-to-date school-by-school listing.-- Beginning with the first academic year that begins after the date of the enactment of the ESEA Fiscal Fairness Act and for each academic year thereafter, the State educational agency shall make publicly available the up-to-date school-by-school listings of per-pupil expenditures of State and local funds submitted by each local educational agency, as required by paragraph (2)(A)(i). ``(10) Definitions.--For purposes of this subsection: ``(A) Expenditures.-- ``(i) In general.--The term `expenditures' means-- ``(I) salary expenditures for classroom teachers, including not only base salaries but also incentive pay, bonuses, and supplemental stipends for mentoring or other additional roles; ``(II) salary expenditures for instructional and instructional support staff who are not classroom teachers (such as principals, librarians, paraprofessionals, academic coaches, and curriculum specialists), including not only base salaries but also incentive pay, bonuses, and supplemental stipends for mentoring or other additional roles; ``(III) salary expenditures for noninstructional staff, including student support staff; and ``(IV) nonpersonnel expenditures such as-- ``(aa) professional development for teachers and other staff; ``(bb) instructional materials and supplies; ``(cc) computers, software, and other technology; ``(dd) contracted services such as distance learning, art, athletics, and technology services; ``(ee) library books and media center materials; and ``(ff) such other expenditures as the Secretary of Education may require. ``(ii) Determinations.--For purposes of subclauses (I) and (II) of clause (i), in the determination of salary expenditures, salary differentials for years of employment shall be included. ``(B) Higher poverty school.--The term `higher poverty school' means a school that is in the highest four quartiles of the percentage of pupils from low- income families in a local educational agency. ``(C) Lower poverty school.--The term `lower poverty school' means a school that is in the lowest quartile of the percentage of pupils from low-income families in a local educational agency.''.

ESEA Fiscal Fairness Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to condition local educational agency (LEA) receipt of school improvement funds on: (1) an average state and local spending per pupil in each school receiving school improvement funds of at least 97% of such spending per pupil across all schools that are not receiving such funds; and (2) an average state and local spending per pupil in each higher poverty school of at least 97% of such spending per pupil across all lower poverty schools, if the LEA is serving all of its schools under part A. Allows LEAs to meet such requirement across all schools or among schools serving a particular grade span if they compare schools within no more than three grade spans. Directs the Inspector General of the Department of Education, in the fourth and fifth years after this Act's enactment, to audit 5 states and 10 LEAs to determine their progress in meeting these requirements. Requires annual LEA report cards to include certain information on state and local spending per pupil in schools. Requires states to provide the public with annual up-to-date school-by-school listings of per-pupil state and local spending.

To amend section 1120A(c) of the Elementary and Secondary Education Act of 1965 to assure comparability of opportunity for educationally disadvantaged students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Fatality Reduction Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year in the United States, over 100 firefighters die in the line of duty, while an additional tens of thousands of firefighters are injured. (2) The Federal Government has a vested interest in protecting firefighter health and safety, as it relies on local fire departments to efficiently and effectively implement the National Response Framework in the response to major disasters. (3) Adequate training, proper personal protective equipment, safe staffing levels, safe operating procedures, and physical and mental fitness of firefighters can reduce avoidable firefighter fatalities. (4) The fire services, in conjunction with Government agencies and interested private-sector parties, has partnered with standards-making bodies to develop national consensus standards for safe fire department operations and fire fighting capabilities. (5) Such standards are widely respected and promoted by all facets of the fire service to better ensure firefighter health and safety. (6) Through its Firefighter Fatality Investigation and Prevention Program, the National Institute for Occupational Safety and Health has identified the failure to follow specific national consensus standards as a contributing factor in many firefighter deaths. (7) A comprehensive accounting of fire department compliance with national consensus standards would help policy makers seeking to enhance public safety and reduce avoidable firefighter fatalities. SEC. 3. SURVEY BY THE DEPARTMENT OF HOMELAND SECURITY. (a) Survey Required.--Not later than 120 days after enactment of this bill, the Secretary of Homeland Security shall begin to conduct a survey of each career, volunteer, or combination fire department located in the United States in order to ascertain whether each such fire department is in compliance with national consensus standards. (b) Contents of Survey.--The survey required under subsection (a) shall ascertain, for each fire department in the United States, compliance with national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. (c) Report.--Not later than two years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the survey required under subsection (a). Such report shall include an accounting of fire department compliance with national consensus standards as described under subsection (b). SEC. 4. ESTABLISHMENT OF TASK FORCE TO ENHANCE FIREFIGHTER SAFETY. (a) Establishment.--Not later than 120 days after the date on which the Secretary of Homeland Security submits the report to Congress required under section 3(c), the Secretary shall establish a task force to be known as the ``Task Force to Enhance Firefighter Safety'' (hereinafter in this section referred to as the ``Task Force''). (b) Membership.-- (1) In general.--Members of the Task Force shall be appointed by the Secretary from among the general public and shall include-- (A) representatives of national organizations representing firefighters and fire chiefs; (B) individuals representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community; and (C) other individuals as the Secretary determines to be appropriate. (2) Representatives of other departments and agencies.--The Secretary may invite representatives of other departments and agencies of the United States that have an interest in the fire service to participate in the meetings and other activities of the Task Force. (3) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary, except that a term of service of any such member may not exceed two years. (c) Responsibilities.--The Task Force shall develop a plan to enhance firefighter safety by increasing fire department compliance with national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. In developing such plan, the Task Force shall consider ways in which the Federal Government, States, and localities can promote, encourage, or require fire departments to comply with national consensus standards. (d) Report to Congress.--Not later than one year after the date on which the Secretary establishes the Task Force, the Task Force shall submit to Congress and the Secretary a report containing the findings and recommendations of the Task Force together with the plan described in subsection (c). SEC. 5. NATIONAL CONSENSUS STANDARDS DEFINED. For the purposes of this Act, the term ``national consensus standards'' means the latest edition of the national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness available on the date of the enactment of this Act.

Firefighter Fatality Reduction Act of 2008 - Directs the Secretary of Homeland Security to: (1) conduct a survey of and report to Congress on the compliance of fire departments in the United States with national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness; and (2) establish a Task Force to Enhance Firefighter Safety to develop a plan to enhance firefighter safety by increasing compliance with such standards and to consider ways in which the federal government, states, and localities can promote, encourage, or require compliance.

To direct the Secretary of Homeland Security to conduct a survey to determine the level of compliance with national consensus standards and any barriers to achieving compliance with such standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assisting Acquisition of Russian Material Act (AARM Act)''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The maintenance of the Russian HEU Agreement and the timely and satisfactory acquisition of Russian highly enriched uranium (referred to as ``HEU'') under that Agreement by the Department of Energy and the United States Executive Agent is essential to the national security and foreign policy interests of the United States. (2) Implementation of the Russian HEU Agreement will result in the import of a total of 500 metric tons of weapons-grade enriched uranium into the United States, and commencing in 1999, the Russian HEU under the agreement will be imported at a rate of 30 metric tons per year. When converted into low enriched uranium (referred to as ``LEU'') for use in nuclear reactors to generate electricity, it will equal a substantial portion of United States utility demand for nuclear fuel. (3) The United States Enrichment Corporation is required at the time of privatization to meet the statutory requirements set out in subsection (b)(2) of this section and, except for subparagraphs (A) and (H), following privatization. The execution of the Russian HEU Agreement will significantly increase the supply of LEU fuel available in the United States marketplace; and, as a result and in order to balance supply with demand, the privatized United States Enrichment Corporation may have to take actions contrary to or inconsistent with maintaining long-term viability, continued operation of the gaseous diffusion plants, and a reliable and economical domestic source of uranium mining, enrichment, and conversion services, and other statutory requirements referred to in subsection (b)(2). (4) The principal responsibility for ensuring the faithful implementation of the United States obligations under the Russian HEU Agreement, which is a government-to-government agreement, lies with the Department of Energy; and the execution of those obligations is an inherently governmental function under the foreign policy of the United States. (5) Therefore, the Department of Energy shall, subject to appropriations, acquire directly or from the United States Executive Agent such amounts of the Russian HEU converted to LEU under the Russian HEU Agreement, and withhold such amounts from resale into the private market for such period of time, as may be necessary to fully achieve the national security goals of the United States under the Russian HEU Agreement and to allow a privatized United States Enrichment Corporation to meet the statutory requirements of the privatization. (b) Purposes.--The purposes of this Act are-- (1) To achieve the national security objectives of the Russian HEU Agreement. (2) To achieve the requirements for privatization of the United States Enrichment Corporation set out in the Energy Policy Act of 1992 and the United States Enrichment Corporation Privatization Act, as follows: (A) Assure that privatization will result in a return to the United States at least equal to the net present value of the Corporation. (B) Assure that privatization will not result in the Corporation being owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. (C) Assure that the privatization will not be inimical to the health and safety of the public or the common defense and security. (D) Provide reasonable assurance that adequate enrichment capacity will remain available to meet the demands of the domestic electric utility industry. (E) Assure that privatization will provide for the long-term viability of the Corporation. (F) Assure that privatization will provide for the continuation by the Corporation of the operation of the Department of Energy's gaseous diffusion plants. (G) Assure that privatization will provide for the protection of the public interest in maintaining a reliable and economical domestic source of uranium mining, enrichment, and conversion services. (H) To the extent not inconsistent with requirements of subparagraphs (E), (F), and (G), assure that privatization will secure the maximum proceeds to the United States. (3) To monitor and determine the effect the LEU delivered under the Russian HEU Agreement is having on the domestic uranium mining, conversion, and enrichment industries and the operation of the gaseous diffusion plants, and to prevent or mitigate any material adverse impact on such industries or any loss of employment at the gaseous diffusion plants as a result of the Russian HEU Agreement. SEC. 4. STANDBY AUTHORIZATION. Section 3112(b) of the United States Enrichment Corporation Privatization Act (42 U.S.C. 2297h-10) is amended by adding at the end the following: ``(11) The Secretary is authorized to purchase and hold any amount of any contract obligation of the United States Executive Agent to acquire Russian HEU converted to LEU under the Russian HEU Agreement during any year in which the Russian HEU Agreement is in force, and resell such material, upon the following terms and conditions: ``(A) At the end of any month, the United States Enrichment Corporation shall certify to the Secretary when enrichment of uranium at the gaseous diffusion plants, measured in SWU, for the previous 12 months, is determined to be 25 percent below the average annual enrichment in SWU for the years 1992 through 1997. ``(B) In its certification under subparagraph (A), the United States Enrichment Corporation shall indicate the effects that the purchase and resale of the converted Russian HEU by the United States Executive Agent under the Russian HEU Agreement are having on its long-term viability, including its operations, costs, sales and profitability, and in particular any reduction in the levels of enrichment services and employment at the gaseous diffusion plants or threat thereof. The United States Enrichment Corporation shall also certify what actions it has taken or may be required to take to mitigate such effects of the purchases and resales of the converted Russian HEU under the Russian HEU Agreement when combined with other effects and causes in the marketplace. ``(C) Within 30 days of the certification by the United States Enrichment Corporation under subparagraphs (A) and (B), the Secretary shall review that certification and make a report to the President which shall include any recommendation for the Secretary to purchase directly, or from the United States Executive Agent, and hold a sufficient amount of converted Russian HEU under the Russian HEU Agreement to assure that the national security objectives of the Russian HEU Agreement are met and that the United States Enrichment Corporation is able to meet its obligations under this Act to provide for the long- term viability of the Corporation, the continuation by the Corporation of the operation of the Department of Energy's gaseous diffusion plants, and for the protection of the public interest in maintaining a reliable and economical domestic source of uranium mining, conversion, and enrichment services. The Secretary shall deliver a copy of the report to the Senate Committee on Energy and Natural Resources and the House of Representatives Committee on Commerce and shall publish it in the Federal Register. The Secretary shall not publicly disclose essential proprietary information of the United States Enrichment Corporation or the United States Executive Agent, as determined by regulations promulgated by the Secretary, consistent with providing the greatest amount of information to the public, particularly in the communities directly affected, and to all parties in interest in the enrichment of uranium at the gaseous diffusion plants and shareholders or stakeholders in the United States Enrichment Corporation and the United States Executive Agent. ``(D) The President shall thereafter direct the Secretary to acquire such amounts of converted Russian HEU under the Russian HEU Agreement as the President determines necessary for these purposes from funds available for such purposes. The President shall also request appropriations from the Congress for current and future acquisitions of such amount of such converted Russian HEU as the President determines necessary for these purposes. Within 10 days of receipt of the report by the Secretary, the President shall request an investigation under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) of the impact of the Russian HEU Agreement on the operations and employment at the gaseous diffusion plants and the uranium mining, enrichment, and conversion industries in the United States. Such investigation shall be completed within 3 months of such request and the Commission shall report the results to the President and the Congress. ``(E) As directed by the President, the Secretary shall acquire such amounts of converted Russian HEU under the Russian HEU Agreement in such manner and at such prices as authorized under the Russian HEU Agreement and shall withhold such amounts from resale into the private markets of the United States or elsewhere until such time as it is determined, pursuant to regulations promulgated by the Secretary, that the United States Enrichment Corporation is producing enrichment services measured in SWU at the gaseous diffusion plants for a consecutive 12-month period that equals or exceeds 110 percent of the average annual enrichment in SWU for the period 1992 through 1997. ``(F) Upon the determination referred to in subparagraph (E), the Secretary may then, pursuant to regulations promulgated by the Secretary, auction for resale an amount of converted Russian HEU acquired under this Act which is not more than the amount in excess of 100 percent of the average annual enrichment in SWU for the period 1992 through 1997. Such amounts of converted Russian HEU shall not be sold in any manner that would have a material adverse impact on the domestic uranium mining, conversion, or enrichment industry and shall not be sold directly to end-users in direct competition with the United States Enrichment Corporation. Such amounts of converted Russian HEU shall not be sold at prices less than current market prices for comparable sales, but in no event may such sale prices by the Secretary be less than the amount paid for any such lot or lots, plus the expenses of holding and sale by the Secretary. Purchasers at such auction may not sell to end-users at any price that is less than the price, including expenses of the Secretary, paid to the Secretary at such auction. The term `material adverse impact', as used in this Act, shall have the same meaning as `material injury' under section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) and the Secretary shall consider the impacts and relevant factors affecting the domestic industry as enumerated in subparagraphs (B) and (C) of such section. ``(G) The regulations required to be promulgated by the Secretary under subparagraphs (E) and (F) shall be subject to the administrative procedures required by chapter 5 of title 5, United States Code, shall be proposed within 90 days of the date of the enactment of the Assisting Acquisition of Russian Material Act, allow not less than a 90-day comment period, and shall become final no less than one year from the date of the enactment of such Act. Such regulations shall-- ``(i) establish the procedures for the determination of maximum allowable amount of converted Russian HEU eligible for sale under subparagraph (F); ``(ii) establish the criteria for determining the current market price at the time of sale, and the minimum price which is the sum of the Secretary's acquisition, holding, and sales costs of each lot acquired, except that the Secretary may provide for the separate payment of the costs of sale by successful bidders by a percentage commission of the sale price or otherwise; ``(iii) provide for the qualifications of buyers to assure they are authorized to handle the nuclear materials and are not end-users; ``(iv) provide for not less than 45 days notice of a sale, which notice shall set out the maximum allowable amounts of converted Russian HEU eligible for sale and the minimum price calculated for each lot offered for sale and the basis for such determinations; ``(v) shall allow for comment on such notice, the purpose of which is to avoid any material adverse impact on the domestic uranium mining, conversion, or enrichment industries from such sale; ``(vi) provide for a determination that less than the maximum allowable amount of material may be offered for sale in order to avoid any material adverse impact and that a sale may be made in installments to avoid such impact; and ``(vii) provide procedures for determining that the resales by buyers from the Secretary were made to eligible end-users at prices in accord with subparagraph (F) and the requirements of this Act. ``(H) Any action alleging a violation of any provision of this Act may be brought in any district court of the United States having jurisdiction over the parties (except in those instances where another law specifically requires a different venue) without regard to the amount in controversy or the citizenship of the parties.''.

Assisting Acquisition of Russian Material Act (AARM Act) - Amends the United States Enrichment Corporation Privatization Act regarding uranium transfers and sales to authorize the Secretary of Energy to: (1) purchase and hold any amount of any contract obligation of the United States Executive Agent to acquire Russian highly enriched uranium (HEU) converted to low-enriched uranium under the Russian HEU Agreement; and (2) resell such material according to prescribed guidelines. Confers jurisdiction upon the Federal district courts for violations of such Act without regard to the amount in controversy or the citizenship of the parties.

Assisting Acquisition of Russian Material Act (AARM Act)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Savings Assistance Act of 1994''. SEC. 2. TAX TREATMENT OF STATE EDUCATION SAVINGS ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by adding after section 136 the following new section: ``SEC. 137. EDUCATION SAVINGS ACCOUNTS. ``(a) General Rule.--Gross income shall not include any qualified education savings account distribution. ``(b) Qualified Education Savings Account Distribution.--For purposes of this section-- ``(1) In general.--The term `qualified education savings account distribution' means any amount paid or distributed out of an education savings account which would otherwise be includible in gross income to the extent such payment or distribution is used exclusively to pay qualified higher education expenses incurred by the designated beneficiary of the account. ``(2) Rollovers.--The term `qualified education savings account distribution' includes any transfer from an education savings account of one designated beneficiary to another such account of such beneficiary or to such an account of another designated beneficiary. ``(3) Special rules.--The determination under paragraph (1) as to whether an amount is otherwise includible in gross income shall be made in the manner described in section 72, except that-- ``(A) all education savings accounts shall be treated as one contract, ``(B) all distributions during any taxable year shall be treated as one distribution, ``(C) contributions to an account described in subsection (c)(4)(B)(i) shall not be included in the basis of the account, and ``(D) the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. ``(c) Education Savings Account.--For purposes of this section-- ``(1) In general.--The term `education savings account' means a trust created or organized in the United States-- ``(A) pursuant to a qualified State educational savings plan, and ``(B) exclusively for the purpose of paying the qualified higher education expenses of the designated beneficiary of the account. ``(2) Qualified state educational savings plan.--The term `qualified State educational savings plan' means a plan established and maintained by a State or instrumentality thereof under which-- ``(A) participants may save to meet qualified higher education expenses of designated beneficiaries, ``(B) planning and financial information is provided to participants about current and projected qualified higher education expenses, ``(C) education savings account statements are provided to participants at least quarterly, and ``(D) an audited financial statement is provided to participants at least annually. ``(3) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965). ``(4) Limitations.--A trust shall not be treated as an education savings account unless the following requirements are met: ``(A) No contribution will be accepted unless it is in cash, stocks, bonds, or other securities which are readily tradable on an established securities market. ``(B) Contributions will not be accepted for any taxable year in excess of the applicable limit. The preceding sentence shall not apply to-- ``(i) contributions to the qualified State educational savings plan which are allocated to all education savings accounts within the class for which the contribution was made, or ``(ii) rollover contributions described in subsection (b)(2). ``(C) The trust may not be established for the benefit of more than one individual. ``(D) The trustee is the qualified State educational savings plan or person designated by it. ``(E) The assets of the trust may be invested only in accordance with the qualified State educational savings plan. ``(5) Applicable limit.--For purposes of paragraph (4)(B)-- ``(A) In general.--The applicable limit is $3,000. ``(B) Indexing.--In the case of taxable years beginning after December 31, 1994, the $3,000 amount under subparagraph (A) shall be increased by the education cost-of-living adjustment for the calendar year in which the taxable year begins. ``(C) Education cost-of-living adjustment.--For purposes of subparagraph (B), the education cost-of- living adjustment for any calendar year is the percentage (if any) by which-- ``(i) the higher education cost index for the preceding calendar year, exceeds ``(ii) such index for 1993. ``(D) Higher education cost index.--For purposes of subparagraph (C), the higher education cost index for any calendar year is the average qualified higher education expenses for undergraduate students at both private and public institutions of higher education for the 12-month period ending on August 31 of the calendar year. The Secretary of Education shall provide for the computation and publication of the higher education cost index. ``(d) Tax Treatment of Accounts and State Plans.-- ``(1) Exemption from tax.--An education savings account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, any such account or plan shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the designated beneficiary of an education savings account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an education savings account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an education savings account by reason of subparagraph (A) as of the first day of any taxable year, an amount equal to the fair market value of all assets in the account shall be treated as having been distributed on such first day. ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit an education savings account is established, or any individual who contributes to such account, uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(e) Reports.--The Secretary may require the trustee of an education savings account to make reports regarding such account to the Secretary, to the individual who has established the account, and to the designated beneficiary of the account with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Tax Treatment of Qualified State Educational Savings Plan.-- (1) Treatment as section 501(c)(3) organization.--Section 501(c)(3) of such Code is amended by inserting ``or which is a qualified State education savings plan (as defined in section 137(c)(2)),'' after ``animals,''. (2) Charitable contributions.-- (A) Subparagraph (B) of section 170(c)(2) of such Code is amended by inserting ``, or which is a qualified State education savings plan (as defined in section 137(c)(2)),'' after ``animals''. (B) Section 170(b)(1)(A) of such Code is amended by striking ``or'' at the end of clause (vii), by inserting ``or'' at the end of clause (viii) and by inserting after clause (viii) the following new clause: ``(ix) a qualified State educational savings plan (as defined in section 137(c)(2)).'' (c) Contribution Not Subject to Gift Tax.--Section 2503 of such Code (relating to taxable gifts) is amended by adding at the end thereof the following new subsection: ``(h) Education Savings Accounts.--Any contribution made by an individual to an education savings account described in section 137 shall not be treated as a transfer of property by gift for purposes of this chapter.'' (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(4) Special rule for education savings accounts.--An individual for whose benefit an education savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an education savings account by reason of the application of section 137(d)(2)(A) to such account.'', and (2) by inserting ``, an education savings account described in section 137(c),'' in subsection (e)(1) after ``described in section 408(a)''. (e) Failure To Provide Reports on Education Savings Accounts.-- Section 6693 of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended-- (1) by inserting ``or on education savings accounts'' after ``annuities'' in the heading of such section, and (2) by adding at the end of subsection (a) the following new sentence: ``Any person required by section 137(e) to file a report regarding an education savings account who fails to file the report at the time or in the manner required by such section shall pay a penalty of $50 for each failure, unless it is shown that such failure is due to reasonable cause.'' (f) Special Rule for Determining Amounts of Support for Dependent.--Subsection (b) of section 152 of such Code (relating to definition of dependent) is amended by adding at the end the following new paragraph: ``(6) A distribution from an education savings account described in section 137(c) to the individual for whose benefit such account has been established shall not be taken into account in determining support for purposes of this section to the extent such distribution is excluded from gross income of such individual under section 137.'' (g) Clerical Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking out the item relating to section 137 and inserting the following new items: ``Sec. 137. Education savings accounts. ``Sec. 138. Cross references to other Acts.'' (2) The table of sections for subchapter B of chapter 68 of such Code is amended by striking out the item relating to section 6693 and inserting the following new item: ``Sec. 6693. Failure to provide reports on individual retirement accounts or annuities or on education savings accounts.'' (h) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 1993.

Education Savings Assistance Act of 1994 - Amends the Internal Revenue Code to exclude from gross income any qualified education savings account. Describes such account as a trust created pursuant to a State educational savings plan and used exclusively to pay the higher education expenses of the designated beneficiary. Treats such State plans as tax-exempt organizations and treats contributions to such plans as charitable contributions. Declares that contributions to such accounts are not subject to the gift tax. Imposes penalty taxes in connection with reporting requirements or prohibited transactions associated with an account. Excludes distributions from such accounts when determining support for dependents.

Education Savings Assistance Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel and Tourism Partnership Act of 1996''. TITLE I--NATIONAL TOURISM BOARD SEC. 101. ESTABLISHMENT OF NATIONAL TOURISM BOARD. (a) Establishment.--There is established the National Tourism Board (hereafter in this title referred to as the ``Board''). (b) Membership.-- (1) Composition.--The Board shall be composed of 36 members, appointed by the President, in consultation with the appropriate representatives of the travel and tourism industry. The members appointed under this subsection shall include-- (A) 1 member appointed to serve as the Chairperson of the Board, by and with the advice and consent of the Senate; (B) 1 member appointed from nominations submitted by the Speaker of the House of Representatives; (C) 1 member appointed from nominations submitted by the President pro tempore of the Senate; (D) 6 members appointed from among employees of Federal and State agencies related to travel and tourism; and (E) 27 members representing the private sector and a wide range of travel and tourism industries. (2) Accountability of chairperson.--The Chairperson shall be accountable to the President and the Congress for the operations of the Board. (c) Terms.-- (1) In general.--Each member of the Board (including the Chairperson) shall be appointed for a term of 3 years, except as provided in paragraph (2). (2) Terms of initial members.--As determined by the President as of the date of the first appointments, of the members first appointed-- (A) 12 members shall be appointed for a term of 1 year; (B) 12 members shall be appointed for a term of 2 years; and (C) 12 members (including the Chairperson) shall be appointed for a term of 3 years. (3) Vacancies.--Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (e) Meetings.--The Board shall meet at the call of the Chairperson, but not less frequently than semiannually. The Board shall provide appropriate notice of each meeting to the general public. The meetings of the Board shall be open to the general public. (f) Treatment of Board.-- (1) In general.--Notwithstanding any other provision of law, the Board shall not be considered to be a Federal agency for purposes of the civil service laws and any other provision of Federal law governing the operation of Federal agencies, including personnel or budgetary matters relating to Federal agencies. (2) Exemption from the federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. SEC. 102. DUTIES OF THE BOARD. (a) Public-Private Partnership.--The Board shall-- (1) facilitate the development and use of a public-private partnership for travel and tourism policymaking; (2) develop a national travel and tourism strategy for increasing tourism to and within the United States; (3) advise the President, the Congress, and members of the travel and tourism industry concerning-- (A) the implementation of the national strategy referred to in paragraph (2); and (B) other matters that affect travel and tourism; and (4) provide guidance to the National Tourism Organization established under section 201. (b) Recommendations; Testimony.--The Board-- (1) shall develop such recommendations on the issues referred to in subsection (a)(3) as the Board considers to be appropriate; and (2) may present testimony concerning those issues to the Congress and to State legislatures. (c) Reports.--To carry out its duties, the Board may submit to the President and the Congress such reports concerning the findings and determinations of the Board as the Board determines to be appropriate. SEC. 103. POWERS OF THE BOARD. (a) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out the duties of the Board. Upon request of the Chairperson of the Board, the head of a Federal department or agency shall furnish that information to the Board. (b) Contributions.--The Board may accept, use, and dispose of gifts or donations of funds, services, or property necessary to carry out its duties. The Board may not accept any Federal financial assistance or financial assistance from any other government. SEC. 104. BOARD PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Board who is not an officer or employee of the Federal Government shall serve without compensation, except for travel expenses, as described in subsection (b). Each member of the Board who is an officer or employee of the Federal Government shall not receive any compensation in addition to that received for that member's services as an officer or employee of the United States. (b) Travel Expenses.--Subject to the availability of funds from financial contributions under section 103(b), the members of the Board may be allowed travel expenses, while away from their homes or regular places of business in the performance of services for the Board. (c) Staff.-- (1) In general.--The Chairperson of the Board may appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. (2) Compensation.--The Chairperson of the Board may fix the compensation of the executive director and other personnel. (3) Support services.--At the request of the Chairperson of the Board, the Chairperson of the Board of the National Tourism Organization established under section 201 may provide clerical and support services to the National Tourism Board established under this title. TITLE II--NATIONAL TOURISM ORGANIZATION SEC. 201. ESTABLISHMENT OF NATIONAL TOURISM ORGANIZATION. (a) In General.-- (1) Establishment.--The President shall, in accordance with this section, provide for the establishment of a nonprofit corporation, to be known as the National Tourism Organization (hereafter in this title referred to as the ``Organization''). The Organization shall not be an agency or establishment of the United States Government, but shall be operated in a manner consistent with the provisions of this section and any other applicable laws. (2) Purposes.--The purposes of the Organization are-- (A) to work toward increasing the market share of the United States in global tourism; (B) to implement the strategy developed under section 102(a)(2); (C) to operate travel and tourism promotion programs overseas in partnership with the travel and tourism industry of the United States; (D) to establish a travel-tourism data bank and, through that data bank, collect and disseminate international market data; (E) to conduct market research necessary for the effective promotion of the travel and tourism market; and (F) to promote United States travel and tourism at international trade shows. (b) Organization Board of Directors.--The Organization shall have a Board of Directors (hereafter in this title referred to as the ``Organization Board''). The Organization Board shall consist of 45 members, appointed by the President. The Organization Board shall be accountable to the National Tourism Board established under title I for the operations of the Organization. (c) Incorporators.--The members of the initial Organization Board shall-- (1) serve as incorporators; and (2) take any action that is necessary to establish the Organization as a corporation under applicable law. (d) Term of Office.--The term of office of each member of the Organization Board who is appointed by the President shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of that member was appointed shall be appointed for the remainder of that term. (e) Vacancies.--Any vacancy in the Organization Board shall not affect its power, but shall be filled in the same manner as the original appointment. (f) Chairperson.--The Organization Board shall be headed by a chairperson, who shall be selected by the Organization Board, from among the members of the Organization Board. (g) Status of Members.--Members of the Organization Board shall not, by reason of membership in the Organization Board, be considered to be officers or employees of the United States. (h) Officers; Staff.-- (1) Officers.--The Organization shall have a president, and such other officers as may be named and appointed by the Organization Board for terms and at rates of compensation fixed by the Organization Board. The president shall serve as a member of the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727). The Organization Board may prescribe the duties of the officers. All officers of the Organization shall serve at the pleasure of the Organization Board. (2) Staff.--The Organization Board shall hire the staff necessary to carry out the purposes of the Organization and fix the compensation of that staff. (i) Financing.--Not later than 1 year after the date of incorporation of the Organization, the appropriate officers of the Organization shall cooperate with the Organization Board to develop a recommendation for the long-term financing of the Organization. SEC. 202. COOPERATION BY THE FEDERAL GOVERNMENT. (a) Technical Assistance.--Upon request of the appropriate officer of the Organization or the Organization Board, the head of a Federal agency shall provide technical assistance to assist the Organization in carrying out its purposes, as specified in section 201(a)(2). (b) Overseas Posts.--The head of each Federal agency that maintains offices in a foreign country shall, as appropriate, incorporate in the programs and activities carried out by those offices, programs and activities that implement the recommendations of the National Tourism Board established under section 101 and the Organization. SEC. 203. TRADE PROMOTION COORDINATING COMMITTEE. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) in subsection (c)-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) reflect recommendations made by the National Tourism Board established under the Travel and Tourism Partnership Act of 1996.''; and (2) in subsection (d)(1)-- (A) by striking ``and'' at the end of subparagraph (L); (B) by redesignating subparagraph (M) as subparagraph (N); and (C) by inserting after subparagraph (L) the following: ``(M) the president of the National Tourism Organization established under the Travel and Tourism Partnership Act of 1996; and''.

TABLE OF CONTENTS: Title I: National Tourism Board Title II: National Tourism Organization Travel and Tourism Partnership Act of 1996 - Title I: National Tourism Board - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism. Title II: National Tourism Organization - Directs the President to provide for the establishment of the National Tourism Organization as a non-Federal nonprofit organization to implement the national travel and tourism strategy developed by the Board. Requires the head of a Federal agency, upon request, to provide technical assistance to the Organization to assist it in carrying out its purposes. Requires the head of each Federal agency maintaining offices in a foreign country to incorporate in their programs and activities some that implement the recommendations of the Organization and Board. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect Board recommendations. Makes the President of the Organization a member of TPCC.

Travel and Tourism Partnership Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for the Military Reserve Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) There are approximately 1,382,000 members of the seven reserve components of the Armed Forces (the Army Reserve, the Army National Guard of the United States, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve, the Air National Guard of the United States, and the Coast Guard Reserve). (2) During fiscal year 1998, reserve component members performed 13,000,000 person-days of military duty, roughly double the level performed during 1994 and the equivalent of 35,000 active component members. (3) Reserve component members are being called upon to serve in a greater number of overseas peacekeeping, humanitarian, and similar missions, and for longer periods of time, than ever before in peacetime, as shown by the following: (A) 8,338 reserve component personnel served in Haiti during the period from September 1994 through September 1999, constituting up to 6 percent of the Armed Forces personnel participating in Operation Support/Uphold Democracy during that period. (B) 32,022 reserve component personnel served in Bosnia during the period from December 1995 through September 1999, constituting up to 33 percent of the Armed Forces personnel participating in Operation Joint Endeavor/Guard/Forge during that period, and in January 2000, an Army National Guard brigadier general will assume command of Task Force Eagle in Tuzla, Bosnia- Herzegovina. (C) 9,752 reserve component personnel served in Iraq during the period from October 1997 through September 1999, constituting up to 5 percent of the Armed Forces personnel participating in Operation Northern and Southern Watch during that period. (D) 9,576 reserve component personnel served in Kosovo during the period from April 1999 through September 1999, constituting up to 22 percent of the Armed Forces personnel participating in Operation Allied Force during that period. (4) Recent reports and studies have noted the importance of the reserve components, as shown by the following: (A) The report of the Department of Defense Quadrennial Defense Review conducted in 1997 stated that ``Reserve components have become an ever larger percentage of the Total Force and are essential participants in the full spectrum of operations, from the smallest of smaller-scale contingency operations to major theater war . . . Reserve forces are part of all war plans. No major operation can be successful without them.''. (B) The National Defense Panel, in its report issued in 1997, called for the ``full integration'' of the reserve components with active duty forces and specifically called on the Army to rely more upon its reserve components to ``reduce pressure on the active Army''. (C) The Reserve Component Employment 20005 Study, issued on August 8, 1999, concludes that ``while much progress has been made in recent years to ensure equity in the benefit packages that are provided to AC [active component] and RC [reserve component] personnel, the study determined that disparities continue to exist for RC personnel.''. (5) Secretary of Defense William Cohen has made ``quality of life'' issues for all servicemembers a major priority for the Department of Defense. (6) The significant recent increase in overseas active-duty assignments for reserve component members warrants enhancement of military benefits for the Nation's citizen soldiers. (7) Those enhancements should include-- (A) extending eligibility of reserve component members for space available (``Space-A'') travel on military aircraft to travel outside the continental United States (``OCONUS''); (B) providing for reserve component members traveling away from their homes for inactive-duty training to be eligible for billiting in military quarters on the same basis as members on active duty; (C) raising the annual reserve retirement point maximum from 75 to 90; and (D) extending the legal services provided by the Department of Defense to reserve component members. SEC. 3. TRAVEL BY RESERVES ON MILITARY AIRCRAFT OUTSIDE CONTINENTAL UNITED STATES. (a) Space-Required Travel for Travel to Duty Stations OCONUS.--(1) Subsection (a) of section 18505 of title 10, United States Code, as added by section 517(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65), is amended-- (A) by inserting ``annual training duty or'' before ``inactive-duty training'' both places it appears; and (B) by inserting ``duty or'' before ``training if''. (2) The heading of such section is amended to read as follows: ``Sec. 18505. Reserves traveling to annual training duty or inactive- duty training OCONUS: authority for space-required travel''. (b) Space-Available Travel for Members of Selected Reserve and Gray Area Retirees.--Chapter 1805 of such title is amended by adding at the end the following new section: ``Sec. 18506. Space-available travel: Selected Reserve and reserve retirees under age 60; dependents ``(a) Eligibility for Space-Available Travel.--The Secretary of Defense shall prescribe regulations to allow persons described in subsection (b) to receive transportation on aircraft of the Department of Defense on a space-available basis under the same terms and conditions (including terms and conditions applicable to travel outside the United States) as apply to members of the armed forces entitled to retired pay. ``(b) Persons Eligible.--Subsection (a) applies to the following persons: ``(1) A person who is a member of the Selected Reserve in good standing (as determined by the Secretary concerned). ``(2) A person who is a member or former member of a reserve component under age 60 who, but for age, would be eligible for retired pay under chapter 1223 of this title. ``(c) Dependents.--A dependent of a person described in subsection (b) may be provided transportation under this section on the same basis as dependents of members of the armed forces entitled to retired pay.''. ``(d) Limitation on Required Identification.--Neither the ``Authentication of Reserve Status for Travel Eligibility'' form (DD Form 1853), nor or any other form, other than the presentation of military identification and duty orders upon request, or other methods of identification required of active duty personnel, shall be required of reserve component personnel using space-available transportation within or outside the continental United States.''. (2) The table of sections at the beginning of such chapter is amended by striking the item relating to section 18505 and inserting the following new items: ``18505. Reserves traveling to annual training duty or inactive-duty training OCONUS: authority for space- required travel. ``18506. Space-available travel: Selected Reserve and reserve retirees under age 60; dependents.''. (c) Effective Date.--Regulations under section 18506 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 180 days after the date of the enactment of this Act. SEC. 4. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR INACTIVE DUTY TRAINING. (a) In General.--(1) Chapter 1217 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 12604. Attendance at inactive-duty training assemblies: billeting in Department of Defense facilities ``(a) Authority for Billeting on Same Basis as Active Duty Members Traveling Under Orders.--The Secretary of Defense shall prescribe regulations authorizing a Reserve traveling to inactive duty training at a location more than 50 miles from that Reserve's home to be eligible for billeting in Department of Defense facilities on the same basis as a member of the armed forces on active duty who is traveling under orders away from the member's duty station. ``(b) Proof of Reason for Travel.--The Secretary shall include in regulations under subsection (a) means for establishing that a Reserve seeking billeting in Department of Defense facilities under that subsection is traveling for attendance at inactive duty training at a location more than 50 miles from that Reserve's home.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``12604. Attendance at inactive-duty training assemblies: billeting in Department of Defense facilities.''. (b) Effective Date.--Section 12604 of title 10, United States Code, as added by subsection (a), shall apply with respect to periods of inactive duty training beginning more than 180 days after the date of the enactment of this Act. SEC. 5. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT POINTS THAT MAY BE CREDITED IN ANY YEAR. Section 12733(3) of title 10, United States Code, is amended by striking ``but not more than'' and all that follows and inserting ``but not more than-- ``(A) 60 days in any one year of service before the year of service that includes September 23, 1996; ``(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes the date of the enactment of the Reserve Component Equity Act of 1999; and ``(C) 90 days in the year of service that includes the date of the enactment of the Reserve Component Equity Act of 1999 and in any subsequent year of service.''. SEC. 6. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE DUTY. (a) Legal Services.--Section 1044(a) of title 10, United States Code, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Members of a reserve component not covered by paragraph (1) or (2), but only during a period, following a release from active duty under a call or order to active duty for more than 29 days under a mobilization authority (as determined by the Secretary of Defense), that is not in excess of twice the length of time served on active duty.''. (b) Dependents.--Paragraph (5) of such section, as amended by subsection (a), is amended by striking ``and (3)'' and inserting ``, and (4)''. (c) Implementing Regulations.--Regulations to implement the amendments made by subsections (a) and (B) shall be prescribed not later than 180 days after the date of the enactment of this Act.

Directs the Secretary of Defense to prescribe regulations to allow the following persons to receive transportation on Department of Defense (DOD) aircraft on a space-available basis under the same terms and conditions that apply to members of the armed forces entitled to retired pay: (1) members of the Selected Reserve in good standing; (2) a former reserve member under 60 years of age who would be eligible for retired pay except for being under such age; and (3) dependents of the above. Limits the required identification for such travel. Directs the Secretary to prescribe regulations authorizing a reserve member traveling to inactive duty training at least 50 miles from home to be eligible for billeting (housing) in DOD facilities on the same basis as active-duty personnel traveling under orders away from such member's duty station. Requires proof of the reason for such travel. Increases the maximum number of reserve retirement points that may be credited in a year for reserve service from 75 to 90 for years during and subsequent to the date of enactment of the Reserve Component Equity Act of 1999. Authorizes the Secretary of the military department concerned to provide civil legal services to reserve personnel (and their dependents) not otherwise entitled to such services, but only during a period following a release from active duty under a call or order to such duty for more than 29 days under a mobilization authority that is not in excess of twice the length of the duty period served.

Fairness for the Military Reserve Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Child Support Reform Act of 1998''. SEC. 2. DISTRIBUTION AND TREATMENT OF CHILD SUPPORT COLLECTED BY OR ON BEHALF OF FAMILIES RECEIVING ASSISTANCE UNDER TANF. (a) Requirement to Pass All Child Support Collected Directly to the Family.-- (1) In general.--Section 457 of the Social Security Act (42 U.S.C. 657) is amended-- (A) by striking all that precedes subsection (f) and inserting the following: ``SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT. ``(a) Distribution to Family.-- ``(1) In General.--Subject to paragraph (2) and subsection (f), any amount collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed to the family. ``(2) Families under certain agreements.--In the case of an amount collected for a family in accordance with a cooperative agreement under section 454(33), the State shall distribute the amount so collected pursuant to the terms of the agreement. ``(b) Hold Harmless Provision.--If the amounts collected which could be retained by the State in the fiscal year (to the extent necessary to reimburse the State for amounts paid to families as assistance by the State) are less than the State share of the amounts collected in fiscal year 1995, the State share for the fiscal year shall be an amount equal to the State share in fiscal year 1995.''; (B) by redesignating subsection (f) as subsection (c); and (C) in subsection (c) (as so redesignated), by striking ``Notwithstanding'' and inserting ``Amounts Collected On Behalf of Children in Foster Care.-- Notwithstanding''. (2) Conforming amendments.-- (A) Section 409(a)(7)(B)(i)(I))(aa) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by striking ``457(a)(1)(B)'' and inserting ``457''. (B) Section 454B(c) of such Act (42 U.S.C. 654b(c)) is amended by striking ``457(a)'' and inserting ``457''. (b) Disregard of Child Support Collected For Purposes of Determining Amount of TANF Assistance.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Requirement to disregard child support in determining amount of assistance.-- ``(A) In general.--A State to which a grant is made under section 403 shall disregard any amount received by a family as a result of a child support obligation in determining the amount or level of assistance that the State will provide to the family under the State program funded under this part. ``(B) Option to include child support for purposes of determining eligibility.--A State may include any amount received by a family as a result of a child support obligation in determining the family's income for purposes of determining the family's eligibility for assistance under the State program funded under this part.''. (c) Elimination of TANF Requirement to Assign Support to the State.-- (1) In general.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by striking paragraph (3). (2) Conforming amendments.-- (A) Section 452 of the Social Security Act (42 U.S.C. 652) is amended-- (i) in subsection (a)(10)(C), by striking ``section 408(a)(3) or under''; and (ii) in subsection (h), by striking ``or with respect to whom an assignment pursuant to section 408(a)(3) is in effect''. (B) Section 454(5) of such Act (42 U.S.C. 654(5)) is amended by striking ``(A) in any case'' and all that follows through ``the support payments collected, and (B)''. (C) Section 456(a) of such Act (42 U.S.C. 656(a)) is amended-- (i) in paragraph (1), by striking ``assigned to the State pursuant to section 408(a)(3) or''; and (ii) in paragraph (2)(A), by striking ``assigned''. (D) Section 464(a)(1) of such Act (42 U.S.C. 654(a)(1)) is amended by striking ``section 408(a)(3) or ''. (E) Section 466(a)(3)(B) of such Act (42 U.S.C. 666(a)(3)(B)) is amended by striking ``408(a)(3) or ''. (F) Section 458A(b)(5)(C)(i)(I) of the Social Security Act (42 U.S.C. 658a(b)(5)(C)(i)(I)), as added by the Child Support Performance and Incentive Act of 1998 (Public Law 105-200; 112 Stat. 645) is amended by striking ``A or''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section take effect on October 1, 1998. (2) Child support performance and incentive act conforming amendment.--The amendment made by subsection (c)(2)(F) shall take effect on October 2, 1999.

Children First Child Support Reform Act of 1998 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to pass through directly to families on assistance under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) all child support collected by the State on behalf of such families on TANF assistance. Amends SSA title IV part A to require a State to disregard child support collected for purposes of determining the amount of TANF assistance; but allows the State to include such support in family income for purposes of determining TANF eligibility. Repeals the TANF requirement that families assign certain support rights to the State.

Children First Child Support Reform Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Child Care for America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Young children's environment plays an enormous role in brain development. Research states that most of the brain's neural connections, or synapses, are produced in the first 3 years of life. Experiences that promote healthy social and emotional development during these years are critically important in affecting behavior and learning into adulthood. (2) More than 12,000,000 children age 5 and younger, and not yet in kindergarten, are in child care every week. Of those, approximately 6,000,000 children under age 3 spend some or all of their day being cared for by someone other than parents. (3) About 3 out of 5 mothers (61 percent of mothers) with children under age 3 are in the workforce. (4) High quality, developmentally appropriate child care increases children's chances of succeeding in school. A 4-State study that compared children in high-quality child care with children in low-quality care found that by second grade, children who had received high-quality care demonstrated greater mathematical ability, greater thinking and attention skills, and fewer behavioral problems than the children who had received low-quality care. At-risk children were particularly affected by the quality of the care they received. (5) While many child care providers (both in centers and in homes) are providing high quality care, too many are not receiving the support they need to improve the quality of care. (6) Better compensation is associated with improvements in child care quality, developmental outcomes, and school readiness. However, the Department of Labor reports that child care workers' average yearly wage in 2006 was $18,820 ($9.05 per hour), well below the $20,614 poverty threshold for a family of 4. (7) Low wages are inextricably linked to the reimbursement rates child care providers receive for children who qualify for subsidies under the Child Care and Development Block Grant Act of 1990. In 2006, only 9 States reimbursed the providers at the federally recommended level, compared with 22 States in 2001 and 13 States in 2005. Inadequate reimbursement rates make it much harder for child care centers to pay above-poverty wages, and for family child care providers to receive payments sufficient for them to escape poverty. (8) Child care providers are much more likely than the workforce as a whole to lack health insurance. Twenty-seven percent of child care providers had no health insurance coverage in 2005. This compares with an uninsurance rate of 16 percent for all female workers. And, child care providers who have health insurance often cannot afford the increased out-of- pocket costs for premiums and co-payments for such insurance. (9) High turnover is extremely problematic in the child care field, where children's social, emotional, and intellectual development depend on a positive, nurturing attachment to primary caregivers. Thirty-five percent of individuals employed as child care providers in 2005 were no longer employed as child care providers 1 year later. (10) Additional investments in the child care workforce are necessary to attract and retain qualified child care providers. In the small but highly successful Child Care WAGES project, which provides education-based salary supplements to low-paid preschool teachers, preschool directors, and family child care providers in 4 States, turnover rates range from 12 percent to 17 percent, far lower than the national average. (11) Research shows that quality child care is contingent upon the special training child care providers receive in the area of child development. Both increased formal education levels and recent, specialized training in child development have been found consistently to be associated with high-quality interactions with children and children's development. (12) Lack of affordable, reliable, high-quality child care not only adversely affects children but is also an important factor in determining whether workers with family responsibilities have the capacity to maintain employment. Especially for low-income working mothers, access to child care is often a critical component in that determination. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by striking ``There'' and inserting the following ``(a) In General.--There''; (2) by inserting ``(other than section 658H)'' after ``this subchapter''; and (3) by adding at the end the following: ``(b) Workforce Development Initiatives.--There are authorized to be appropriated to carry out section 658H $200,000,000 for fiscal year 2008 and each subsequent fiscal year.''. SEC. 4. CHILD CARE WORKFORCE DEVELOPMENT INITIATIVES. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. CHILD CARE WORKFORCE DEVELOPMENT INITIATIVES. ``(a) Reservation.--An eligible entity that receives funds to carry out this subchapter for a fiscal year shall reserve and use the development portion of such funds for that fiscal year for activities described in this section. ``(b) Use of Funds.-- ``(1) In general.--The eligible entity shall use amounts made available from the development portion to carry out 1 or more workforce development initiatives. ``(2) Initiatives.--In carrying out such an initiative, the eligible entity may use the amounts for activities to assist eligible child care providers by improving the compensation or benefits of the providers or enabling the providers to receive additional education or training, including-- ``(A) providing for increased compensation, including health insurance coverage and retirement benefits, for the providers; ``(B) providing paid sick leave, paid vacation leave, or paid release time for education or training relating to early childhood education, and paying for substitute providers during the leave or release time described in this subparagraph; ``(C) providing tuition assistance or other support for that education or training and providing increased compensation incentives for completing that education or training and obtaining a related credential; ``(D) providing technical and financial assistance to enable eligible child care providers to meet State regulatory requirements applicable to child care services provided in the State (or, in the case of an Indian tribe, minimum child care standards described in section 658E(c)(2)(E)) and to enable family child care providers to develop business plans for the provision of child care; and ``(E) developing and carrying out mentoring programs and career plans for child care providers. ``(3) Providers.--In carrying out the initiative, the eligible entity shall make available not less than 30 percent of the amounts described in paragraph (1) for eligible child care providers that are not center-based child care providers. ``(c) Maintenance of Effort.--The eligible entity, in utilizing the funds reserved under subsection (a) for a fiscal year, shall maintain the expenditures of the entity for activities described in subsection (b) at a level not less than the level of such expenditures maintained by the entity for the preceding fiscal year. ``(d) Limitation.--Nothing in this section shall be construed to permit a State to decrease the number of children served under this subchapter for a fiscal year as compared to the number of children served under this subchapter for the previous fiscal year. ``(e) Definitions.--In this section: ``(1) Covered payment.--The term `covered payment' means the amount paid to a territory or Indian tribe, as the case may be, under section 658O(a). ``(2) Development portion.--The term `development portion'-- ``(A) used with respect to a State, and a fiscal year, means the amount that bears the same relationship to the State allotment for that fiscal year as the amount appropriated under section 658B(b) for that fiscal year bears to the total amount appropriated under section 658B for that fiscal year; and ``(B) used with respect to a territory or Indian tribe, and a fiscal year, means the amount that bears the same relationship to the covered payment to the territory or Indian tribe for that fiscal year as the amount appropriated under section 658B(b) for that fiscal year bears to the total amount appropriated under section 658B for that fiscal year. ``(3) Eligible entity.--The term `eligible entity' means a State, territory, or Indian tribe. ``(4) State.--The term `State' does not include a territory. ``(5) State allotment.--The term `State allotment' means the amount allotted to a State under section 658O(b). ``(6) Territory.--The term `territory' means a jurisdiction described in section 658O(a)(1).''. SEC. 5. STATE PLAN. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended by adding at the end the following: ``(6) Development initiative.--The State plan shall state the activities that the State will provide through the workforce development initiative carried out under section 658H.''. SEC. 6. REPORT. Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end and inserting a semicolon; (2) in subparagraph (E), by inserting ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) the activities funded through a workforce development initiative carried out under section 658H and an assessment of the impact of the activities on the work force in the State;''.

Quality Child Care for America Act - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for child care workforce development initiatives. Provides for funds to state and local governments and Indian tribes to carry out one or more specified child care workforce development initiatives. Requires a state plan to specify the activities that it will provide through any particular workforce development initiative.

A bill to amend the Child Care and Development Block Grant Act of 1990 to provide for child care workforce development initiatives, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commission on Natural Catastrophe Risk Management and Insurance Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment. Sec. 4. Membership. Sec. 5. Duties of the Commission. Sec. 6. Timing. Sec. 7. Powers of the Commission. Sec. 8. Commission personnel matters. Sec. 9. Termination. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS. The Congress finds that-- (1) catastrophic hazards, including tornadoes, earthquakes, volcanoes, landslides, tsunamis, flooding, and hurricanes, directly affect hundreds of millions of people each year; (2) during the 1990s, 2,800 natural disasters killed more than 500,000 people and directly affected 1,300,000,000 people worldwide; (3) property damage from natural catastrophes has dramatically increased in recent decades, roughly doubling every seven years--a 14-fold increase over the past 40 years; (4) risk costs have particularly soared in coastal areas, where hurricane frequency and severity has significantly increased, along with home values and building costs; (5) increased risk costs are being reflected in increased catastrophe insurance and reinsurance costs; (6) an inefficient legal and regulatory environment in some States has further exacerbated insurance cost increases, including through ineffective price controls, restrictions on capital movement, sub-optimal solvency regulation, and duplicative or unnecessary regulation; (7) consumers further suffer from temporary rate and availability volatility after major catastrophes while the marketplace adjusts to the losses; (8) government catastrophe mitigation requirements have been sub-optimal, sometimes ineffective, and uncoordinated; (9) some State efforts to reduce insurance prices in catastrophe-prone areas have sometimes reduced long-term availability and competitive affordability of coverage, as well as subsidized excessive development in environmentally sensitive areas at the expense of taxpayers; (9) several proposals have been introduced in the Congress to address the affordability of natural catastrophe insurance, but there is little consensus on the appropriate role of the Federal Government in facilitating the private insurance marketplace while avoiding cross-subsidies; and (10) therefore, an efficient and effective approach to assessing natural catastrophe risk management and insurance is to establish a nonpartisan commission to study the management of natural catastrophe risk, and to require such commission to report to the Congress on its findings before the next hurricane season begins. SEC. 3. ESTABLISHMENT. There is established a nonpartisan Commission on Natural Catastrophe Risk Management and Insurance (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Appointment.--The Commission shall be composed of 16 members, of whom-- (1) 2 members shall be appointed by the Majority Leader of the Senate; (2) 2 members shall be appointed by the Minority Leader of the Senate; (3) 2 members shall be appointed by the Speaker of the House of Representatives; (4) 2 members shall be appointed by the Minority Leader of the House of Representatives; (5) 2 members shall be appointed by the Chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate; (6) 2 members shall be appointed by the Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate; (7) 2 members shall be appointed by the Chairman of the Committee on Financial Services of the House of Representatives; and (8) 2 members shall be appointed by the Ranking Member of the Committee on Financial Services of the House of Representatives. (b) Qualification of Members.-- (1) In general.--Members of the Commission shall be appointed under subsection (a) from among persons who-- (A) have expertise in insurance, reinsurance, insurance regulation, policyholder concerns, emergency management, risk management, public finance, financial markets, actuarial analysis, flood mapping and planning, structural engineering, building standards, land use planning, natural catastrophes, meteorology, seismology, environmental issues, or other pertinent qualifications or experience; and (B) are not officers or employees of the United States Government or of any State government. (2) Diversity.--In making appointments to the Commission-- (A) every effort shall be made to ensure that the members are representative of a broad cross section of perspectives within the United States; and (B) each member of Congress described in subsection (a) shall appoint not more than 1 person from any single primary area of expertise described in paragraph (1)(A) of this subsection. (c) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the duration of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number, as determined by the Commission, may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a two-thirds vote of all of the members of the Commission. (e) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member to serve as the Chairperson of the Commission (in this Act referred to as the ``Chairperson''). (f) Meetings.--The Commission shall meet at the call of its Chairperson or a majority of the members. SEC. 5. DUTIES OF THE COMMISSION. The Commission shall examine and report to the Congress on the natural catastrophe insurance marketplace, including the extent to which insurance costs and availability are affected by the factors described in section 2, which factors the Federal Government can and should address to increase catastrophe insurance availability and competitiveness, and which actions the Federal Government can undertake to achieve this goal without requiring a long-term cross-subsidy from the taxpayers. In developing its report, the Commission shall consider-- (1) the current condition of, as well as the outlook for, the availability and affordability of insurance and reinsurance for natural catastrophes in all regions of the United States; (2) the current ability of States, communities, and individuals to mitigate their natural catastrophe risks, including the affordability and feasibility of such activities; (3) the impact of Federal and State laws, regulations, and policies (including rate regulation, market access requirements, reinsurance regulations, accounting and tax policies, State residual markets, and State catastrophe funds) on-- (A) the affordability and availability of catastrophe insurance; (B) the ability of the private insurance market to cover losses inflicted by natural catastrophes; (C) the commercial and residential development of high-risk areas; and (D) the costs of natural catastrophes to Federal and State taxpayers; (4) the benefits and costs of-- (A) a national, regional, or other pooling mechanism designed to provide adequate insurance coverage and increased underwriting capacity to insurers and reinsurers, including private-public partnerships to increase insurance capacity in constrained markets, including proposed Federal natural catastrophe insurance programs (specifically addressing the costs to taxpayers, tax equity considerations, and the record of other government insurance programs, particularly with regard to charging actuarially sound prices); (B) improving Federal and State tax policy to allow insurers or individuals to set aside catastrophe reserves; (C) directing existing Federal agencies to begin selling catastrophe insurance to individuals; (D) creating a consortium of Federal and State officials to facilitate state catastrophe bonds and reinsurance purchasing as well as providing temporary Federal disaster loans to the States for insurance purposes; (E) expanding the Liability Risk Retention Act of 1986 to allow businesses to pool together to buy insurance and set up their own insurance funds; (F) providing temporary Federal assistance to low- income individual homeowners whose catastrophe insurance rates have increased beyond a certain level after a major disaster, with the possibility that the assistance would be repaid upon sale of the underlying home; (H) providing for limited Federal development and oversight of the sale of catastrophe insurance in high- risk areas during periods of relative unavailability; and (I) facilitating further growth of the catastrophe bond marketplace and other competitive alternatives to the traditional insurance and reinsurance marketplace; (5) the present and long-term financial condition of State residual markets and catastrophe funds in high-risk regions, including the likelihood of insolvency following a natural catastrophe, the concentration of risks within such funds, the reliance on post-event assessments and State funding, the adequacy of rates, and the degree to which such entities have been actuarially solvent in comparison to comparably sized private insurers; (6) the need for strengthened land use regulations and building codes in States at high risk for natural catastrophes, and methods to strengthen the risk assessment and enforcement of structural mitigation and vulnerability reduction measures, such as zoning and building code compliance; (7) the ability of the private insurance market in the United States-- (A) to cover insured losses caused by natural catastrophes, including an estimate of the maximum amount of insured losses that could be sustained during a single year and the probability of natural catastrophes occurring in a single year that would inflict more insured losses than the United States insurance and reinsurance markets could sustain; and (B) to recover after covering substantial insured losses caused by natural catastrophes; (8) the impact that demographic trends could have on the amount of insured losses inflicted by future natural catastrophes; (9) the appropriate role, if any, for the Federal Government in stabilizing the property and casualty insurance and reinsurance markets; and (10) the role of the Federal, State, and local governments in providing incentives for feasible risk mitigation efforts. SEC. 6. TIMING. Before the beginning of the 2008 hurricane season, which for purposes of this section shall be considered to be June 1, 2008, the Commission shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a final report containing-- (1) a detailed statement of the findings and assessments conducted by the Commission pursuant to section 5; and (2) specific and detailed recommendations for legislative, regulatory, administrative, or other actions at the Federal, State, or local levels that the Commission considers appropriate, in accordance with the requirements of section 5. SEC. 7. POWERS OF THE COMMISSION. (a) Meetings; Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. Members may attend meetings of the Commission and vote in person, via telephone conference, or via video conference. (b) Authority of Members or Agents of the 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. (c) Obtaining Official Data.-- (1) Authority.--Notwithstanding any provision of section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States any information necessary to enable the Commission to carry out this Act. (2) Procedure.--Upon request of the Chairperson, the head of such department or agency shall furnish to the Commission the information requested. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Acceptance of Gifts.--The Commission may accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the Commission. The Commission shall issue internal guidelines governing the receipt of donations of services or property. (g) Volunteer Services.--Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission may accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (h) Federal Property and Administrative Services Act of 1949.-- Subject to the Federal Property and Administrative Services Act of 1949, the Commission may enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (i) Limitation on Contracts.--A contract or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) 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. (b) Subcommittees.--The Commission may establish subcommittees and appoint members of the Commission to such subcommittees as the Commission considers appropriate. (c) Staff.--Subject to such policies as the Commission may prescribe, the Chairperson may appoint and fix the pay of such additional personnel as the Chairperson considers appropriate to carry out the duties of the Commission. The Commission shall confirm the appointment of the executive director by majority vote of all of the members of the Commission. (d) Applicability of Certain Civil Service Laws.--Staff of the Commission may be-- (1) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay prescribed for GS-15 of the General Schedule under section 5332 of that title. (e) Experts and Consultants.--In carrying out its objectives, the Commission may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for GS-15 of the General Schedule under section 5332 of that title. (f) Detail of Government Employees.--Upon request of the Chairperson, any Federal Government employee may be detailed to the Commission to assist in carrying out the duties of the Commission-- (1) on a reimbursable basis; and (2) such detail shall be without interruption or loss of civil service status or privilege. SEC. 9. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 6. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission, such sums as may be necessary to carry out this Act, to remain available until expended.

Commission on Natural Catastrophe Risk Management and Insurance Act of 2007 - Establishes the Commission on Natural Catastrophe Risk Management and Insurance to report to Congress on the natural catastrophe insurance marketplace, including: (1) the extent to which insurance costs and availability are affected by specified factors; (2) which factors the federal government should address to increase catastrophe insurance availability and competitiveness; and (3) actions the federal government can undertake to achieve this goal without requiring a long-term cross-subsidy from taxpayers. Requires the Commission to report to certain congressional committees before the beginning of the 2008 hurricane season.

To establish a nonpartisan Commission on Natural Catastrophe Risk Management and Insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Adult Day Care Services Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Adult day care offers services, including medical care, rehabilitation therapies, dignified assistance with activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation, to seniors who are frail, physically challenged, or cognitively impaired at no extra cost to the medicare program. (2) The care given at adult day care centers provides seniors and their familial caregivers support that is critical to keeping the senior in the family home. (3) One quarter of all workers provide some form of elder care for those age 65 and older, and by 2007, the number of households involved in caregiving to persons age 50 or older could reach 39 million. (4) The pool of potential family caregivers, who are primarily women and who provide an estimated $257,000,000,000 in ``free'' services annually, is dwindling, from 11 potential caregivers for each person needing care today to a projected 4 to 1 ratio in 2050. (5) Caregiving families tend to have lower incomes than non-caregiving families, and the average caregiver loses $659,139 in wages, pension benefits, and Social Security benefits over a lifetime. (6) The loss in productivity in United States businesses attributable to caregivers for aging or ailing seniors ranges from $11,000,000,000 to $29,000,000,000 annually. (7) Adult day care centers, located in every State in the United States and the District of Columbia, serve as quality health options to treat our Nation's elderly population, which is about to dramatically increase with the aging of the baby boomer generation. SEC. 3. MEDICARE COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES. (a) Substitute Adult Day Care Services Benefit.-- (1) In general.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``or paragraph (8)'' after ``paragraph (7)''; (B) in paragraph (6), by striking ``and'' at the end; (C) in paragraph (7), by adding ``and'' at the end; and (D) by inserting after paragraph (7), the following new paragraph: ``(8) substitute adult day care services (as defined in subsection (bbb));''. (2) Substitute adult day care services defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Substitute Adult Day Care Services; Adult Day Care Facility ``(bbb)(1)(A) The term `substitute adult day care services' means the items and services described in subparagraph (B) that are furnished to an individual by an adult day care facility as a part of a plan under subsection (m) that substitutes such services for a portion of the items and services described in subparagraph (B)(i) furnished by a home health agency under the plan, as determined by the physician establishing the plan. ``(B) The items and services described in this subparagraph are the following items and services: ``(i) Items and services described in paragraphs (1) through (7) of subsection (m). ``(ii) Transportation of the individual to and from the adult day care facility in connection with any such item or service. ``(iii) Meals. ``(iv) A program of supervised activities (that meets such criteria as the Secretary determines appropriate) designed to promote physical and mental health that are furnished to the individual by the adult day care facility in a group setting for a period of not fewer than 4 and not greater than 12 hours per day. ``(v) A medication management program (as defined in subparagraph (C)). ``(C) For purposes of subparagraph (B)(v), the term `medication management program' means a program of education and services (that meets such criteria as the Secretary determines appropriate) to minimize-- ``(i) unnecessary or inappropriate use of prescription drugs; and ``(ii) adverse events due to unintended prescription drug- to-drug interactions. ``(2)(A) Except as provided in subparagraph (B), the term `adult day care facility' means a public agency or private organization, or a subdivision of such an agency or organization, that-- ``(i) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; ``(ii) meets such standards established by the Secretary to assure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; ``(iii) provides the items and services described in paragraph (1)(B); and ``(iv) meets the requirements of paragraphs (2) through (8) of subsection (o). ``(B) The Secretary may waive the requirement of a surety bond under paragraph (7) of subsection (o) in the case of an agency or organization that provides a comparable surety bond under State law. ``(C) For purposes of payment for home health services consisting of substitute adult day care services furnished under this title, any reference to a home health agency is deemed to be a reference to an adult day care facility. ``(D) Nothing in this paragraph shall be construed as prohibiting a home health agency from-- ``(i) establishing a substitute adult day care facility; or ``(ii) providing services under arrangements with a substitute adult day care facility.''. (3) Conforming amendments.--Sections 1814(a)(2)(C) and 1835(a)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395f(a)(2)(C) and 1395n(a)(2)(A)(i)) are each amended by striking ``section 1861(m)(7)'' and inserting ``paragraph (7) or (8) of section 1861(m)''. (b) Payment for Substitute Adult Day Care Services Under the Home Health Prospective Payment System.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended-- (1) in the first sentence of paragraph (b)(1), by inserting after ``home health services'' the following: ``or home health services consisting of substitute adult day care services.''; and (2) by adding at the end the following new subsection: ``(f) Payment Rate and Limitation on Payment for Substitute Adult Day Care Services.-- ``(1) Payment rate.-- ``(A) In general.--The Secretary shall determine each component (as defined by the Secretary) of substitute adult day care services (under section 1861(bbb)(1)(B)(i)) furnished to an individual under the plan of care established under section 1861(m) with respect to such services. ``(B) Estimation of payment amount.--The Secretary shall estimate the amount that would otherwise be payable under this section for all home health services under that plan of care other than substitute adult day care services for a week or other period specified by the Secretary. ``(C) Amount of payment.--The total amount payable for home health services consisting of substitute adult day care services under such plan of care is equal to the amount estimated to be payable under subparagraph (B) furnished under the plan by a home health agency. ``(2) Limitations.-- ``(A) In general.--With respect to home health services consisting of substitute adult day care services, no payment may be made under this section for home health services consisting of substitute adult day care services described in clauses (ii) through (v) of section 1861(bbb)(1)(B). ``(B) Limitation on balance billing.--An adult day care facility shall accept as payment in full for substitute adult day care services (including those services described in clauses (ii) through (v) of section 1861(bbb)(1)(B)) furnished by the facility to an individual entitled to benefits under this title the amount of payment provided under this section for home health services consisting of substitute adult day care services.''. (c) Consolidated Billing.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)), is amended-- (1) by striking ``or'' at the end of paragraph (21); (2) by striking the period at the end of paragraph (22) and inserting ``; or''; and (3) by inserting after paragraph (22) the following new paragraph: ``(23) which are substitute adult day care services for which payment may be made under section 1895(f) and which are furnished to an individual by a substitute adult day care facility pursuant to a plan of care established under section 1861(m) with respect to such services, by an entity other than the substitute adult day care facility, unless the services are furnished under arrangements (as defined in section 1861(w)(1)) with the entity made by the substitute adult day care facility.''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2006. (e) Relationship to Demonstration Project.--(1) Notwithstanding subsection (d) of section 703 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2336), the Secretary may terminate the demonstration project for medical adult day care services established under such section 703, but in no case earlier than the date on which the Secretary has fully implemented the preceding provisions of this section. The Secretary shall ensure that individuals receiving medical adult day care services under such demonstration program do not experience any interruption in the receipt of such services by reason of the termination of the demonstration program. (2) Section 703 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2336) is amended by striking subsection (h).

Medicare Adult Day Care Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of substitute adult day care services.

To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of substitute adult day care services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Cut Act''. SEC. 2. DEDUCTION FOR DOMESTIC BUSINESS INCOME OF QUALIFIED SMALL BUSINESSES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 200. DOMESTIC BUSINESS INCOME OF QUALIFIED SMALL BUSINESSES. ``(a) Allowance of Deduction.--In the case of a qualified small business, there shall be allowed as a deduction an amount equal to 20 percent of the lesser of-- ``(1) the qualified domestic business income of the taxpayer for the taxable year, or ``(2) taxable income (determined without regard to this section) for the taxable year. ``(b) Deduction Limited Based on Wages Paid.-- ``(1) In general.--The amount of the deduction allowable under subsection (a) for any taxable year shall not exceed 50 percent of the greater of-- ``(A) the W-2 wages of the taxpayer paid to non- owners, or ``(B) the sum of-- ``(i) the W-2 wages of the taxpayer paid to individuals who are non-owner family members of direct owners, plus ``(ii) any W-2 wages of the taxpayer paid to 10-percent-or-less direct owners. ``(2) Definitions related to ownership.--For purposes of this section-- ``(A) Non-owner.--The term `non-owner' means, with respect to any qualified small business, any person who does not own (and is not considered as owning within the meaning of subsection (c) or (e)(3) of section 267, as the case may be) any stock of such business (or, if such business is other than a corporation, any capital or profits interest of such business). ``(B) Non-owner family members.--An individual is a non-owner family member of a direct owner if-- ``(i) such individual is family (within the meaning of section 267(c)(4)) of a direct owner, and ``(ii) such individual would be a non-owner if subsections (c) and (e)(3) of section 267 were applied without regard to section 267(c)(2). ``(C) Direct owner.--The term `direct owner' means, with respect to any qualified small business, any person who owns (or is considered as owning under the applicable non-family attribution rules) any stock of such business (or, if such business is other than a corporation, any capital or profits interest of such business). ``(D) 10-percent-or-less direct owners.--The term `10-percent-or-less direct owner' means, with respect to any qualified small business, any direct owner of such business who owns (or is considered as owning under the applicable non-family attribution rules)-- ``(i) in the case of a qualified small business which is a corporation, not more than 10 percent of the outstanding stock of the corporation or stock possessing more than 10 percent of the total combined voting power of all stock of the corporation, or ``(ii) in the case of a qualified small business which is not a corporation, not more than 10 percent of the capital or profits interest of such business. ``(E) Applicable non-family attribution rules.--The term `applicable non-family attribution rules' means the attribution rules of subsection (c) or (e)(3) of section 267, as the case may be, but in each case applied without regard to section 267(c)(2). ``(3) W-2 wages.--For purposes of this section-- ``(A) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the sum of the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. ``(B) Limitation to wages attributable to qualified domestic business income.--Such term shall not include any amount which is not properly allocable to domestic business gross receipts for purposes of subsection (c)(1). ``(C) Other requirements.--Except in the case of amounts treated as W-2 wages under paragraph (4)-- ``(i) such term shall not include any amount which is not allowed as a deduction under section 162 for the taxable year, and ``(ii) such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. ``(4) Certain partnership distributions treated as w-2 wages.-- ``(A) In general.--In the case of a qualified small business which is a partnership and elects the application of this paragraph for the taxable year-- ``(i) the qualified domestic business taxable income of such partnership for such taxable year (determined after the application of clause (ii)) which is allocable under rules similar to the rules of section 199(d)(1)(A)(ii) to each qualified service- providing partner shall be treated for purposes of this section as W-2 wages paid during such taxable year to such partner as an employee, and ``(ii) the domestic business gross receipts of such partnership for such taxable year shall be reduced by the amount so treated. ``(B) Qualified service-providing partner.--For purposes of this paragraph, the term `qualified service-providing partner' means, with respect to any qualified domestic business taxable income, any partner who is a 10-percent-or-less direct owner and who materially participates in the trade or business to which such income relates. ``(5) Acquisitions and dispositions.--The Secretary shall provide for the application of this subsection in cases where the taxpayer acquires, or disposes of, the major portion of a trade or business or the major portion of a separate unit of a trade or business during the taxable year. ``(c) Qualified Domestic Business Income.--For purposes of this section-- ``(1) In general.--The term `qualified domestic business income' for any taxable year means an amount equal to the excess (if any) of-- ``(A) the taxpayer's domestic business gross receipts for such taxable year, over ``(B) the sum of-- ``(i) the cost of goods sold that are allocable to such receipts, and ``(ii) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such receipts. ``(2) Domestic business gross receipts.-- ``(A) In general.--The term `domestic business gross receipts' means the gross receipts of the taxpayer which are effectively connected with the conduct of a trade or business within the United States within the meaning of section 864(c) but determined-- ``(i) without regard to paragraphs (3), (4), and (5) thereof, and ``(ii) by substituting `qualified small business (within the meaning of section 200)' for `nonresident alien individual or a foreign corporation' each place it appears therein. ``(B) Exceptions.--For purposes of paragraph (1), domestic business gross receipts shall not include any of the following: ``(i) Gross receipts derived from the sale or exchange of-- ``(I) a capital asset, or ``(II) property used in the trade or business (as defined in section 1231(b)). ``(ii) Royalties, rents, dividends, interest, or annuities. ``(iii) Any amount which constitutes wages (as defined in section 3401). ``(3) Application of certain rules.--Rules similar to the rules of paragraphs (2) and (3) of section 199(c) shall apply for purposes of this section (applied with respect to qualified domestic business income in lieu of qualified production activities income and with respect to domestic business gross receipts in lieu of domestic production gross receipts). ``(d) Qualified Small Business.--For purposes of this section-- ``(1) In general.--The term `qualified small business' means any employer engaged in a trade or business if such employer had fewer than 500 full-time equivalent employees for either calendar year 2010 or 2011. ``(2) Full-time equivalent employees.--The term `full-time equivalent employees' has the meaning given such term by subsection (d)(2) of section 45R applied-- ``(A) without regard to subsection (d)(5) of such section, ``(B) with regard to subsection (e)(1) of such section, and ``(C) by substituting `calendar year' for `taxable year' each place it appears therein. ``(3) Employers not in existence prior to 2012.--In the case of an employer which was not in existence on January 1, 2012, the determination under paragraph (1) shall be made with respect to calendar year 2012. ``(4) Application to calendar years in which employer in existence for portion of calendar year.--In the case of any calendar year during which the employer comes into existence, the number of full-time equivalent employees determined under paragraph (2) with respect to such calendar year shall be increased by multiplying the number so determined (without regard to this paragraph) by the quotient obtained by dividing-- ``(A) the number of days in such calendar year, by ``(B) the number of days during such calendar year which such employer is in existence. ``(5) Special rules.-- ``(A) Aggregation rule.--For purposes of paragraph (1), any person treated as a single employer under subsection (a) or (b) of section 52 (applied without regard to section 1563(b)) or subsection (m) or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(B) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. ``(e) Special Rules.-- ``(1) Elective application of deduction.--Except as otherwise provided by the Secretary, the taxpayer may elect not to take any item of income into account as domestic business gross receipts for purposes of this section. ``(2) Coordination with section 199.--If a deduction is allowed under this section with respect to any taxpayer for any taxable year-- ``(A) any gross receipts of the taxpayer which are taken into account under this section for such taxable year shall not be taken into account under section 199 for such taxable year, and ``(B) the W-2 wages of the taxpayer which are taken into account under this section shall not be taken into account under section 199 for such taxable year. ``(3) Application of certain rules.--Rules similar to the rules of paragraphs (1), (2), (3), (4), (6), and (7) of section 199(d) shall apply for purposes of this section (applied with respect to qualified domestic business income in lieu of qualified production activities income). ``(f) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section, including regulations which prevent a taxpayer which reorganizes from being treated as a qualified small business if such taxpayer would not have been treated as a qualified small business prior to such reorganization. ``(g) Application.--Subsection (a) shall apply only with respect to the first taxable year of the taxpayer beginning after December 31, 2011.''. (b) Conforming Amendments.-- (1) Section 56(d)(1)(A) of such Code is amended by striking ``deduction under section 199'' both places it appears and inserting ``deductions under sections 199 and 200''. (2) Section 56(g)(4)(C) of such Code is amended by adding at the end the following new clause: ``(vii) Deduction for domestic business income of qualified small businesses.--Clause (i) shall not apply to any amount allowable as a deduction under section 200.''. (3) The following provisions of such Code are each amended by inserting ``200,'' after ``199,''. (A) Section 86(b)(2)(A). (B) Section 135(c)(4)(A). (C) Section 137(b)(3)(A). (D) Section 219(g)(3)(A)(ii). (E) Section 221(b)(2)(C)(i). (F) Section 222(b)(2)(C)(i). (G) Section 246(b)(1). (H) Section 469(i)(3)(F)(iii). (4) Section 163(j)(6)(A)(i) of such Code is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) any deduction allowable under section 200, and''. (5) Section 170(b)(2)(C) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by inserting after clause (v) the following new clause: ``(vi) section 200.''. (6) Section 172(d) of such Code is amended by adding at the end the following new paragraph: ``(8) Domestic business income of qualified small businesses.--The deduction under section 200 shall not be allowed.''. (7) Section 613(a) of such Code is amended by striking ``deduction under section 199'' and inserting ``deductions under sections 199 and 200''. (8) Section 613A(d)(1) of such Code is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) any deduction allowable under section 200,''. (9) Section 1402(a) of such Code is amended by striking ``and'' at the end of paragraph (16), by redesignating paragraph (17) as paragraph (18), and by inserting after paragraph (16) the following new paragraph: ``(17) the deduction provided by section 200 shall not be allowed; and''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 200. Domestic business income of qualified small businesses.''. Passed the House of Representatives April 19, 2012. Attest: KAREN L. HAAS, Clerk.

Small Business Tax Cut Act - Amends the Internal Revenue Code to allow a qualified small business a tax deduction equal to 20% of the lesser of qualified domestic business income or taxable income. Defines: (1) "qualified small business" as any employer engaged in a trade or business if such employer had fewer than 500 full-time employees in either 2010 or 2011; and (2) "qualified domestic business income" as an amount equal to the excess (if any) of the taxpayer's domestic business gross receipts (i.e., gross receipts effectively connected with a trade or business within the United States) for a taxable year over the sum of the cost of goods sold allocable to such receipts and other expenses, losses, or deductions properly allocable to such receipts. Limits the amount of such deduction to 50% of the greater of: (1) the taxpayer's W-2 wages (payroll) paid to non-owners of the taxpayer's business; or (2) the sum of the W-2 wages paid to individuals who are non-owner family members of direct owners (i.e., stockholders of the business), plus any W-2 wages paid to direct owners who have an ownership interest in the business of 10% or less. Directs the Secretary of the Treasury to prescribe regulations to carry out this Act, including regulations to prevent a taxpayer that reorganizes from being treated as a qualified small business if such taxpayer would not have been treated as a qualified small business prior to such reorganization.

To amend the Internal Revenue Code of 1986 to provide a deduction for domestic business income of qualified small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Support for Veteran Families and Caregivers Act of 2013''. SEC. 2. EDUCATION PROGRAM AND PEER SUPPORT PROGRAM FOR FAMILY MEMBERS AND CAREGIVERS OF VETERANS WITH MENTAL HEALTH DISORDERS. (a) Programs.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an education program (in this section referred to as the ``education program'') and a peer support program (in this section referred to as the ``peer support program'') for the education and training of family members and caregivers of eligible veterans with mental health disorders. (2) Definitions.--In this section: (A) Family member; caregiver.--The terms ``family member'' and ``caregiver'' have the meaning given those terms in section 1720G(d) of title 38, United States Code. (B) Eligible veteran.--The term ``eligible veteran'' means a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code. (b) Education Program.-- (1) In general.--Under the education program, the Secretary shall provide a course of education to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Duration.-- (A) In general.--The education program shall be carried out during the four-year period beginning on the date of the commencement of the education program. (B) Authority for extension.--The Secretary may extend the duration of the education program for an additional four years. (3) Locations.-- (A) In general.--Except as required by subparagraph (C), the Secretary shall carry out the education program at the following facilities of the Department of Veterans Affairs: (i) Not less than 10 medical centers of the Department. (ii) Not less than 10 clinics of the Department. (iii) Not less than 10 centers for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code (commonly referred to as ``vet centers''). (B) Considerations.--In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (i) Rural areas. (ii) Areas that are not in close proximity to an active duty installation. (iii) Areas in different geographic locations. (C) Expansion of locations.--Not later than two years after the date of the commencement of the education program, the Secretary shall expand the number of facilities at which the Secretary is carrying out the education program to include the following: (i) Not less than 10 additional medical centers of the Department. (ii) Not less than 10 additional clinics of the Department. (iii) Not less than 10 additional vet centers. (4) Contracts.-- (A) In general.--In carrying out the education program, the Secretary shall enter into contracts with qualified entities described in subparagraph (B) to offer the course of education described in paragraph (5) to family members and caregivers of eligible veterans and covered veterans. (B) Qualified entity described.--A qualified entity described in this subparagraph is a non-profit entity with experience in mental health education and outreach, including work with children, teens, and young adults, that-- (i) uses high quality, relevant, and age- appropriate information in educational programming, materials, and coursework, including such programming, materials, and coursework for children, teens, and young adults; and (ii) works with agencies, departments, nonprofit mental health organizations, early childhood educators, and mental health providers to develop educational programming, materials, and coursework. (C) Priority.--In entering into contracts under this paragraph, the Secretary shall give priority to qualified entities that, to the maximum extent practicable, use Internet technology for the delivery of course content in an effort to expand the availability of support services, especially in rural areas. (5) Elements.--The course of education described in this paragraph shall consist of not less than 10 weeks of education and shall include the following: (A) General education on different mental health disorders, including information to improve understanding of the experiences of individuals suffering from those disorders. (B) Techniques for handling crisis situations and administering mental health first aid to individuals suffering from mental health disorders. (C) Techniques for coping with the stress of living with someone with a mental health disorder. (D) Information on additional services available for family members and caregivers through the Department or community organizations and providers related to mental health disorders. (E) Such other matters as the Secretary considers appropriate. (6) Instructors.-- (A) Training.--Each instructor of the course of education described in paragraph (5) shall maintain a level of proficiency in the course of education as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (B) Individuals who have completed the course as instructors.--Commencing as of the date that is two years after the date of the commencement of the education program, any individual who has successfully completed the course of education described in paragraph (5) and has successfully completed such additional training as is required for instructors pursuant to subparagraph (A) may act as an instructor in the course of education. (7) Monitoring of instruction.-- (A) In general.--The Secretary shall select mental health care providers of the Department to monitor, in consultation with primary care providers, the progress of the instruction provided under the education program. Such mental health care providers shall carry out such monitoring by meeting quarterly with instructors of the course of education described in paragraph (5). (B) Report.--Not less frequently than semiannually, each mental health care provider selected under subparagraph (A) shall submit to the Secretary a report on the progress of the instruction provided under the education program. (c) Peer Support Program.-- (1) In general.--Under the peer support program, the Secretary shall provide peer support to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Locations.--The Secretary shall provide peer support under the peer support program at each location at which the Secretary provides education under the education program. (3) Elements.--Peer support under the peer support program shall consist of meetings in group settings between a peer support coordinator under paragraph (4) and family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. At each location, those meetings shall be conducted not less often than twice each calendar quarter. (4) Peer support coordinator.-- (A) In general.--The Secretary, acting through the director of each participating facility, shall select an individual who has successfully completed the course of education described in subsection (b)(5) to serve as a peer support coordinator for each such facility to carry out the peer support program. (B) Proficiency of instructors.--Each peer support coordinator shall maintain a level of proficiency in peer support as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (5) Mentors.--The Secretary shall select a mental health care provider of the Department to serve as a mentor to each peer support coordinator. (6) Monitoring of peer support coordinators.--The mental health care providers of the Department selected under subsection (b)(7) shall-- (A) monitor the progress of the peer support program by meeting quarterly with peer support coordinators; and (B) not less frequently than semiannually, submit to the Secretary a report on the progress of the peer support program. (d) Surveys.-- (1) In general.--The Secretary shall conduct a comprehensive and statistically significant survey of the satisfaction of individuals that have participated in the course of education described in subsection (b)(5) and individuals that have participated in the peer support program that includes the following: (A) The general satisfaction of those individuals with the education and assistance provided in the education program and the peer support program. (B) The perceived effectiveness of the education program and the peer support program in providing education and assistance that is useful for those individuals. (C) The applicability of the education program and the peer support program to the issues faced by those individuals. (D) Such other matters as the Secretary considers appropriate. (E) A representative sample of the information required by subparagraphs (A) through (D) from each Veterans Integrated Service Network that is participating in the education program and the peer support program. (2) Compilation of information.--The information compiled as a result of the surveys required by paragraph (1) shall be included in the annual report required by subsection (e)(1). (e) Reports.-- (1) Annual report.-- (A) In general.--Not later than one year after the date of the commencement of the education program and not later than September 30 each year thereafter until 2017, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the education program and the peer support program. (B) Elements.--Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the course of education described in subsection (b)(5) during the year preceding the submission of the report. (ii) The number of individuals that participated in the peer support program during the year preceding the submission of the report. (iii) A detailed analysis of the surveys conducted under subsection (d) with respect to the individuals described in clause (i) and (ii). (iv) A summary of feedback with respect to the education program and the peer support program received from the mentors selected under subsection (c)(5) and the monitors selected under subsection (b)(7). (v) The degree to which veterans and family members and caregivers of veterans are aware of the eligibility requirements for enrollment in the education program and the peer support program. (vi) Any plans for expansion of the education program and the peer support program. (vii) The interim findings and conclusions of the Secretary with respect to the success of the education program and the peer support program. (2) Final report.-- (A) In general.--Not later than one year after the completion of the education program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of continuing the education program and the peer support program. (B) Elements.--The report submitted under subparagraph (A) shall include the following: (i) A detailed analysis of the surveys conducted under subsection (d). (ii) The feasibility and advisability of continuing the education program without entering into contracts for the course of education described in subsection (b)(5) and instead using peer support coordinators selected under subsection (c)(4) as instructors of the course of education. (iii) The feasibility and advisability of expanding the education program and the peer support program.

Mental Health Support for Veteran Families and Caregivers Act of 2013 - Requires the Secretary of Veterans Affairs (VA) to: (1) enter into contracts to conduct a 4-year program (with authorization for a 4-year extension) to provide a course of education to family members and caregivers of veterans on matters relating to coping with veterans' mental health disorders; (2) carry out such program in at least 10 VA medical centers, 10 VA clinics, and 10 centers for readjustment counseling and related mental health services for veterans (vet centers); (3) expand such program (within 2 years) to include at least 10 additional medical centers, clinics, and vet centers; and (4) select VA mental health care providers to monitor the progress of the instruction provided under such education program. Requires the Secretary to: (1) establish a program to provide peer support to family members and caregivers of veterans on matters relating to coping with veterans mental health disorders; (2) provide such peer support, through group meetings conducted at least twice each calendar quarter, at each facility in which the education program is provided; (3) select an individual who has completed the education program to serve as a peer support coordinator for each facility; and (4) select a VA mental health care provider to serve as a mentor to each coordinator. Directs the Secretary to conduct a survey of the satisfaction of program participants.

Mental Health Support for Veteran Families and Caregivers Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Share the Sacrifice Act of 2010''. SEC. 2. ESTABLISHMENT OF TEMPORARY AFGHANISTAN WAR SURTAX. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to normal taxes and surtaxes) is amended by adding at the end the following new part: ``PART VIII--TEMPORARY AFGHANISTAN WAR SURTAX ``Sec. 59B. Temporary Afghanistan war surtax. ``SEC. 59B. TEMPORARY AFGHANISTAN WAR SURTAX. ``(a) In General.--In the case of any taxable year beginning after 2010-- ``(1) Joint returns.--In the case of a joint return with net income tax liability, the tax imposed under this chapter shall be increased by the amount of the surtax determined in accordance with the following table: ``If net income tax liability is: The surtax is: Not over $22,600............... 1% of net income tax liability. Over $22,600 but not over $36,400. $226, plus the applicable percentage of the excess over $22,600. Over $36,400................... $226, plus the applicable percentage of $13,800, plus twice the applicable percentage of the excess over $36,400. ``(2) Other individuals, trusts, and estates.--In the case of any individual, trust, or estate with net income tax liability (other than a joint return), the tax imposed under this chapter shall be increased by the amount of the surtax determined in accordance with the following table: ``If net income tax liability is: The surtax is: Not over $11,300............... 1% of net income tax liability. Over $11,300 but not over $18,200. $113, plus the applicable percentage of the excess over $11,300. Over $18,200................... $113, plus the applicable percentage of $6,900, plus twice the applicable percentage of the excess over $18,200. ``(3) Corporations.--In the case of any corporation with net income tax liability, the tax imposed under this chapter shall be increased by an amount equal to such net income tax liability multiplied by twice the applicable percentage. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means, with respect to any taxable year beginning in a calendar year, the percentage which is determined by the President with respect to such calendar year under paragraph (2). ``(2) Determination of applicable percentage.--The applicable percentage determined by the President with respect to any calendar year shall be the percentage which the President estimates will result in revenues to the Treasury under this section for taxable years beginning in such calendar year which are equal to the Federal expenditures related to the war in Afghanistan during the fiscal year ending in the preceding calendar year. ``(c) Certain Exceptions for Individuals.-- ``(1) Certain exceptions related to military service.-- ``(A) In general.--Subsection (a) shall not apply to-- ``(i) any member of the Armed Forces of the United States who received compensation which was excludible from gross income under section 112 (relating to certain combat zone compensation of members of the Armed Forces) during the taxable year involved or any taxable year ending on or after September 11, 2001, or ``(ii) any individual who received a death gratuity payable under chapter 75 of title 10, United States Code, with respect to any decedent who-- ``(I) is described in clause (i), and ``(II) died on or after September 11, 2001, and before the close of the taxable year involved. ``(B) Joint returns.--In the case of a joint return, the taxpayer shall be treated as described in clause (i) or (ii) of subparagraph (A) if either spouse is so described. ``(2) Exception based on adjusted gross income.--Subsection (a) shall not apply to any individual if the adjusted gross income of the taxpayer is not in excess of $30,000. ``(d) Net Income Tax Liability Defined.--For purposes of this section, the term `net income tax liability' means the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) and the tax imposed by section 55, over ``(2) the credits allowed under part IV (other than sections 31, 33, and 34). ``(e) Delay in Application if President Determines Economy Too Weak.--If the President determines that the United States economy is too weak to absorb the tax imposed under this section, the President may delay the implementation of such tax for up to 1 year. ``(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this part shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(g) Termination.--The tax imposed under this section shall not apply to taxable years beginning in any calendar year if the applicable percentage determined with respect to such calendar year is zero.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Temporary Afghanistan War Surtax''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. (d) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

Share the Sacrifice Act of 2010 - Amends the Internal Revenue Code to impose a temporary income-based surtax beginning after 2010 on the net income tax liability of individual taxpayers, trusts, estates, and corporations to cover federal expenditures for the war in Afghanistan. Exempts members of the Armed Forces who have received combat zone compensation, family members of such members who received a death gratuity on or after September 11, 2001, and taxpayers whose adjusted gross income does not exceed $30,000. Authorizes the President to delay the implementation of such tax for up to one year if the President determines that the U.S. economy is too weak to absorb it.

To amend the Internal Revenue Code of 1986 to establish a temporary surtax to offset the costs of the Afghanistan war.

SECTION. 1. PUGET SOUND ECOSYSTEM RESTORATION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary of the Army (in this section referred to as the ``Secretary'') shall conduct studies and carry out ecosystem restoration and other protective measures within Puget Sound, Washington, and adjacent waters and associated estuary and near-shore habitat, including-- (1) the 17 watersheds that drain directly into Puget Sound; (2) Admiralty Inlet; (3) Hood Canal; (4) Rosario Strait; and (5) the eastern portion of the Strait of Juan de Fuca. (b) Implementation.-- (1) In general.--The Secretary shall use funds made available to carry out this section to carry out ecosystem restoration and other protective measures (including environmental improvements related to facilities of the Corps of Engineers in existence on the date of enactment of this Act) determined by the Secretary to be feasible based on-- (A) the studies conducted under subsection (a); or (B) analyses conducted before such date of enactment by non-Federal interests. (2) Criteria and procedures for review and approval.--In consultation with the Secretary of Commerce and the Governor of the State of Washington, the Secretary shall develop criteria and procedures consistent with the National Marine Fisheries Service and State fish restoration goals and objectives for reviewing and approving analyses described in paragraph (1)(B) and the protective measures proposed in those analyses. The Secretary shall use prior studies and plans to identify project needs and priorities wherever practicable. (3) Prioritization of projects.--In prioritizing projects for implementation under this subsection, the Secretary shall consult with public and private entities active in watershed planning and ecosystem restoration in Puget Sound watersheds, including the Salmon Recovery Funding Board, the Northwest Straits Commission, Hood Canal Coordinating Council, county watershed planning councils, and salmon enhancement groups, and give full consideration to their priorities for projects. (c) Public Participation.--In developing and implementing protective measures under subsections (a) and (b), the Secretary shall provide for public review and comment in accordance with applicable Federal law, including-- (1) providing advance notice of public meetings; (2) providing adequate opportunity for public input and comment; (3) maintaining appropriate records; and (4) compiling a record of the proceedings of meetings. (d) Compliance With Applicable Law.--In developing and implementing protective measures under subsections (a) and (b), the Secretary shall comply with applicable Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Cost Sharing.-- (1) In general.--Studies and technical assistance provided to determine the feasibility of protective measures under subsections (a) and (b) shall-- (A) be considered to be project costs; and (B) be shared by non-Federal interests during project implementation in accordance with this subsection. (2) Non-federal share.--Subject to paragraph (4), the non- Federal share of the cost of the protective measures shall be 35 percent; except that if a project would otherwise be eligible for cost-sharing under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2294 note), the non-Federal share of the cost of the protective measures for the project shall be 25 percent. (3) In-kind contributions.--Not more than 80 percent of the non-Federal share may be provided in the form of services, materials, supplies, or other in-kind contributions necessary to carry out the protective measures. (4) Federal share.--The Federal share of the cost of any single protective measure shall not exceed $5,000,000. (5) Operation and maintenance.--The operation and maintenance of the protective measures shall be a non-Federal responsibility. (6) Tribal cost-sharing.--The Secretary shall waive the first $200,000 in non-Federal cost share for all studies and projects cosponsored by federally recognized Indian tribes. (f) Authorization of Appropriations.--There is authorized to be appropriated not to exceed $125,000,000 to pay the Federal share of the cost of carrying out this section.

Directs the Secretary: (1) in prioritizing projects for implementation, to consult with public and private entities active in watershed planning and ecosystem restoration in Puget Sound watersheds; and (2) in developing and implementing protective measures, to provide for public review and comment. Sets the non-Federal share of the cost for the protective measures at 35 percent (with an exception) with a $5 million limit for any single measure. Limits to 80 percent the non-Federal share that may be provided in the form of in-kind-contributions. Requires the operation and maintenance of the protective measures to be a non-Federal responsibility. Requires the Secretary to waive the first $200,000 in non-Federal cost share for all studies and projects cosponsored by federally recognized Indian tribes. Authorizes appropriations.

To require the Secretary of the Army to conduct studies and to carry out ecosystem restoration and other protective measures within Puget Sound, Washington, and adjacent waters, and for other purposes.

SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE AND LOCAL POLITICAL ORGANIZATIONS. (a) Notification.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(C) which is a political committee of a State or local candidate.''. (b) Reporting.--Paragraph (5) of section 527(j) of such Code (relating to required disclosures of expenditures and contributions) is amended by striking ``or'' at the end of at the end of subparagraph (D), by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) to any organization which is an exempt State or local political organization,''. (c) Annual Return Requirements.--Paragraph (6) of section 6012(a) of such Code is amended to read as follows: ``(6)(A) Except as provided by subparagraphs (B) and (C), every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has-- ``(i) political organization taxable income (within the meaning of section 527(c)(1)) for the taxable year, or ``(ii) gross receipts of $25,000 or more for the taxable year (other than an organization to which section 527 applies solely by reason of subsection (f)(1) of such section). ``(B) Subparagraph (A)(ii) shall not apply to an organization which is a political committee of a State or local candidate (within the meaning of section 527(i)(5)(C)). ``(C) In the case of an exempt State or local political organization (as defined in section 527(e)(5)), subparagraph (A)(ii) shall be applied by substituting `$100,000' for `$25,000'.''. (d) Exempt State or Local Political Organization.--Subsection (e) of section 527 of such (relating to other definitions) is amended by adding at the end the following new paragraph: ``(5) Exempt state or local political organization.-- ``(A) In general.--The term `exempt State or local political organization' means a political organization which-- ``(i) does not engage in exempt function activity other than solely in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, ``(ii) is subject to State or local requirements to submit reports (and so reports)-- ``(I) regarding each separate expenditure from and contribution to, such organization, and ``(II) including information regarding the person who makes such contribution or receives such expenditure, which would otherwise be required to be reported under this section, and ``(iii) with respect to which the reports referred to in clause (ii) are made public by the agency with which such reports are filed and are publicly available for inspection in a manner similar to that required by section 6104(d)(1). ``(B) Minimum reportable amounts.--An organization shall not be treated as failing to meet the requirements of subparagraph (A)(ii) solely because the minimum amount of any expenditure or contribution required to be reported under State or local law is not more than $100 greater than the minimum amount required to be reported under subsection (j) with respect to such expenditure or contribution. ``(C) Participation of federal candidate or office holder.--The term `exempt State or local political organization' shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal elective office or an individual who holds such office-- ``(i) controls or materially participates in the direction of the organization, ``(ii) solicits contributions to the organization, or ``(iii) directs, in whole or in part, disbursements by the organization.''. (e) Waiver of Filing Penalties.--Section 527 of such Code is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (f) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 2. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE PROVISIONS. (a) Unsegregated Funds Not To Avoid Penalty.--Paragraph (4) of section 527(i) of the Internal Revenue Code of 1986 (relating to failure to notify) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.'' (b) Procedures for Assessment and Collection of Penalty.--Paragraph (1) of section 527(j) of such Code (relating to required disclosure of expenditures and contributions) is amended by adding at the end the following new sentence: ``For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).'' (c) Application of Fraud Penalty.--Section 7207 of such Code (relating to fraudulent returns, statements, and other documents) is amended by striking ``pursuant to subsection (b) of section 6047 or pursuant to subsection (d) of section 6104'' and inserting ``pursuant to section 6047(b), section 6104(d), or subsection (i) or (j) of section 527''. (d) Duplicate Electronic and Written Filings Not Required.-- (1) Subparagraph (A) of section 527(i)(1) of such Code is amended by striking ``, electronically and in writing,''. (2) Subsection (i) of section 527 of such Code is amended by adding at the end the following new paragraph: ``(7) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of notices required to be filed under this subsection and reports required to be filed under subsection (j).'' (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230.

Amends the Internal Revenue Code to: (1) exempt State and local candidate committees from specified notification requirements; (2) exempt State and local political committees from specified reporting and annual gross receipts-based return requirements; and (3) authorize the Secretary of the Treasury to waive certain related penalties.Amends related penalty provisions.

To amend the Internal Revenue Code of 1986 to avoid duplicate reporting of information on political activities of certain State and local political organizations, and for other purposes.

SECTION 1. TREATMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION. (a) Treatment of Contributions in Aid of Construction.-- (1) In general.--Section 118 of the Internal Revenue Code of 1986 (relating to contributions to the capital of a corporation) is amended-- (A) by redesignating subsection (c) as subsection (e), and (B) by inserting after subsection (b) the following new subsections: ``(c) Special Rules for Water and Sewage Disposal Utilities.-- ``(1) General rule.--For purposes of this section, the term `contribution to the capital of the taxpayer' includes any amount of money or other property received by any person (whether or not a shareholder) by a regulated public utility which provides water or sewerage disposal service if-- ``(A) such amount is a contribution in aid of construction, ``(B) in the case of contribution of property other than water or sewerage disposal facilities, such amount meets the requirements of the expenditure rule of paragraph (2), and ``(C) such amount (or any property acquired or constructed with such amount) is not included in the taxpayer's rate base for ratemaking purposes. ``(2) Expenditure rule.--An amount meets the requirements of this paragraph if-- ``(A) an amount equal to such amount is expended for the acquisition or construction of tangible property described in section 1231(b)-- ``(i) which is the property for which the contribution was made or is of the same type as such property, and ``(ii) which is used predominantly in the trade or business of furnishing water or sewerage disposal services, ``(B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year in which such amount was received, and ``(C) accurate records are kept of the amounts contributed and expenditures made, the expenditures to which contributions are allocated, and the year in which the contributions and expenditures are received and made. ``(3) Definitions.--For purpose of this subsection: ``(A) Contribution in aid of construction.--The term `contribution in aid of construction' shall be defined by regulations prescribed by the Secretary, except that such term shall not include amounts paid as service charges for starting or stopping services. ``(B) Predominantly.--The term `predominantly' means 80 percent or more. ``(C) Regulated public utility.--The term `regulated public utility' has the meaning given such term by section 7701(a)(33), except that such term shall not include any utility which is not required to provide water or sewerage disposal services to members of the general public in its service area. ``(4) Disallowance of deductions and investment credit; adjusted basis.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure which constitutes a contribution in aid of construction to which this subsection applies. The adjusted basis of any property acquired with contributions in aid of construction to which this subsection applies shall be zero. ``(d) Statute of Limitations.--If the taxpayer for any taxable year treats an amount as a contribution to the capital of the taxpayer described in subsection (c), then-- ``(1) the statutory period for the assessment of any deficiency attributable to any part of such amount shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of-- ``(A) the amount of the expenditure referred to in subparagraph (A) of subsection (c)(2), ``(B) the taxpayer's intention not to make the expenditure referred to in such subparagraph, or ``(C) a failure to make such expenditure within the period described in subparagraph (B) of subsection (c)(2); and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.'' (2) Conforming amendment.--Section 118(b) of such Code is amended by inserting ``except as provided in subsection (c),'' before ``the term''. (3) Effective date.--The amendments made by this subsection shall apply to amounts received after the date of the enactment of this Act. (b) Recovery Method and Period for Water Utility Property.-- (1) Requirement to use straight line method.--Section 168(b)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Water utility property described in subsection (e)(5).'' (2) 25-Year recovery period.--The table contained in section 168(c)(1) of such Code is amended by inserting the following item after the item relating to 20-year property: ``Water utility property............................. 25 years''. (3) Water utility property.-- (A) In general.--Section 168(e) of such Code is amended by adding at the end the following new paragraph: ``(5) Water utility property.--The term `water utility property' means property-- ``(A) which is an integral part of the gathering, treatment, or commercial distribution of water, and ``(B) which, without regard to this paragraph, would be 20-year property.'' (B) Conforming amendment.--Subparagraph (F) of section 168(e)(3) of such Code is amended by adding at the end the following new sentence: ``Such term does not include water utility property.'' (4) Alternative system.--Clause (iv) of section 168(g)(2)(C) of such Code is amended by inserting ``, water utility property,'' and ``grading''. (5) Effective date.--The amendments made by this subsection shall apply to property placed in service after the date of the enactment of this Act, other than property placed in service pursuant to a binding contract in effect on such date and at all times thereafter before the property is placed in service.

Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period.

A bill to amend section 118 of the Internal Revenue Code of 1986 to provide for certain exceptions from rules for determining contributions in aid of construction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Adults Driving Safety Act of 2015''. SEC. 2. GRANTS TO ASSIST YOUNG ADULTS WITH OBTAINING DRIVER'S LICENSES. (a) Grants.-- (1) In general.--The Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, may award grants on a competitive basis to eligible entities to develop model programs to assist young adults with obtaining or regaining driver's licenses. (2) Maximum grant award.--A grant awarded under this section may not exceed $100,000. (b) Use of Funds.--An eligible entity that receives a grant under this section may use the grant funds to-- (1) conduct a comprehensive assessment of the driver's licensing status of young adults in the neighborhoods in which the majority of the youth to be served by the program reside or attend school; (2) develop and implement strategies to address licensing deficits and barriers young adults and disconnected youth face in obtaining a driver's license; (3) study the impact of State and local driver's license suspensions and revocation policies, including the implementation of such policies by municipal courts, on young adults in the areas where the youth who will be served by the program reside or attend school; (4) identify potential sources of funding for high school driver's education programs for each high school in a school district; (5) develop innovative and cost-effective strategies for preparing young adults for legal driving; (6) evaluate the effectiveness of the funded grant activities in achieving the program goals; and (7) conduct any other activities considered appropriate by the Secretary. (c) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall describe the following: (1) How the eligible entity proposes to use the grant funds to create a program to assist young adults with obtaining or regaining driver's licenses. (2) How the eligible entity intends to collaborate with education institutions and organizations with job training programs. (3) How the proposed program is expected to create opportunities for the employment and job training of young adults who participate in the proposed program. (4) How the eligible entity intends to target youth in areas experiencing high levels of unemployment among young adults. (5) How the proposed program is expected to assist low- income young adults and disconnected youth with school and employment. (6) The eligible entity's history of working with young adults. (7) The eligible entity's history of assisting individuals in regaining a driver's license, especially in cases in which the driver's license was suspended or revoked for non-safety related reasons. (d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to eligible entities proposing programs to assist low-income young adults with obtaining or regaining driver's licenses. (e) Definitions.--In this section: (1) Disconnected youth.--The term ``disconnected youth'' means low-income young adults who-- (A) are homeless; (B) are in foster care; (C) have come into contact, or are at risk of coming into contact, with the juvenile justice or criminal justice system; (D) are not employed and not enrolled in school; or (E) are at risk of dropping out of an education institution. (2) Eligible entity.--The term ``eligible entity'' means a non-profit organization, tribal government, education institution, or any other organization considered appropriate by the Secretary. (3) Education institution.--The term ``education institution'' means an institution of higher education or a high-need local education agency. (4) High-need local education agency.--The term ``high-need local education agency'' has the meaning given such term in section 2102(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602). (5) 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). (6) Low-income.--The term ``low-income'', with respect to a young adult, means a household income at or below 185 percent of the poverty line. (7) Nonprofit organization.--The term ``nonprofit organization'' means any organization that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. (8) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673 of the Community Services Block Grant Act (Public Law 97-35; 42 U.S.C. 9902)) applicable to a family of the size involved. (9) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (10) Young adult.--The term ``young adult'' means an individual who is at least 16 years old and less than 25 years old. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 each year for each of fiscal years 2015 through 2019. SEC. 3. AUTHORITY TO USE STATE HIGHWAY SAFETY FUNDS FOR TEEN DRIVING EDUCATION. Section 402(m)(2)(A) of title 23, United States Code, is amended-- (1) in clause (iv), by striking ``and''; and (2) by adding at the end the following new clause: ``(vi) support teen driving education and driving skills improvement; and''.

Young Adults Driving Safety Act of 2015 This bill directs the National Highway Traffic Safety Administration to award competitive grants of up to $100,000 to non-profit organizations, tribal governments, or educational institutions to develop model programs to assist young adults with obtaining or regaining driver's licenses. A recipient may use grant funds to: conduct a comprehensive assessment of the driver's licensing status of young adults in the neighborhoods to be served; develop and implement strategies to address licensing deficits and barriers faced by young adults and disconnected youth (low-income young adults who are homeless, are in foster care, have come into contact with the juvenile justice or criminal justice system, are not employed and not enrolled in school, or are at risk of dropping out of an educational institution) in obtaining a driver's license; study the impact of state and local driver's license suspensions and revocation policies on young adults in the areas to be served; identify potential sources of funding for high school driver's education programs; develop innovative and cost-effective strategies for preparing young adults for legal driving; and evaluate the effectiveness of the funded grant activities in achieving the program goals. The Department of Transportation (DOT) shall give priority to entities proposing programs to assist low-income young adults with obtaining or regaining driver's licenses. Statewide efforts to improve traffic safety for teen drivers, for which states may use DOT-approved highway safety program funds, shall include peer-to-peer education and prevention strategies in schools and communities designed to support teen driving education and driving skills improvement.

Young Adults Driving Safety Act of 2015

SECTION 1. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO CERTAIN COAL PRODUCERS AND EXPORTERS. (a) In General.--Notwithstanding sections 6416(a)(1) and (c) and 6511 of the Internal Revenue Code of 1986, if-- (1) a coal producer establishes that such coal producer, or a party related to such coal producer, exported coal produced by such coal producer to a foreign country or shipped coal produced by such coal producer to a possession of the United States, the export or shipment of which was other than through an ``exporter'' as defined in this Act, or an exporter establishes that such exporter exported coal to a foreign country or shipped coal to a possession of the United States, or caused such coal to be so exported or shipped, (2) such coal producer or exporter filed a return on or after October 1, 1990, and on or before the date of enactment of this Act, and (3) such coal producer or exporter files a claim for refund not later than the close of the 30-day period beginning on the date of the enactment of this Act, then the Secretary of the Treasury shall pay to such coal producer an amount equal to the tax paid under section 4121 of such Code on such coal exported by the coal producer or a party related to such coal producer, or to such exporter an amount equal to $0.825 per ton of such coal exported by the exporter or such coal that the exporter caused to be exported. This section applies only to claims on coal exported on or after October 1, 1990, through the date of the enactment of this Act. (b) Limitations.--Subsection (a) shall not apply with respect to exported coal if a credit or refund of tax imposed by section 4121 of such Code on such coal has been allowed or made to, or if a settlement with the Federal Government has been made with and accepted by, the coal producer, a party related to such coal producer or the exporter, of such coal, as of the date that the claim is filed under this section with respect to such exported coal. For purposes of this subsection, a ``settlement with the Federal Government'' shall not include any settlement or stipulation entered into as of the date of enactment of this Act, the terms of which contemplate a judgment concerning which any party has reserved the right to file an appeal, or has filed an appeal. (c) Subsequent Refund Prohibited.--No refund shall be made under this section to the extent that a credit or refund of such tax on such exported coal has been paid to any person. (d) ``Coal Producer'' Defined.--For purposes of this section ``coal producer'' shall mean the person in whom is vested ownership of the coal immediately after the coal is severed from the ground, without regard to the existence of any contractual arrangement for the sale or other disposition of the coal or the payment of any royalties between the producer and third parties. The term includes any person who extracts coal from coal waste refuse piles or from the silt waste product which results from the wet washing (or similar processing) of coal. (e) ``Exporter'' Defined.--For purposes of this section ``exporter'' shall mean a person, other than a ``coal producer'' as defined in this Act, who does not have a contract, fee arrangement or any other agreement with a producer or seller of such coal to sell or export such coal to a third party on behalf of the producer or seller of such coal and-- (1) is indicated in the shipper's export declaration or other documentation as the exporter of record, or (2) actually exported such coal to a foreign country or shipped such coal to a possession of the United States, or caused such coal to be so exported or shipped. (f) Related Party Defined.--For purposes of this section, ``a party related to such coal producer'' shall mean a person who-- (1) is related to such coal producer through any degree of common management, stock ownership, or voting control; (2) is related (within the meaning of section 144(a)(3) of such Code) to such coal producer; or (3) has a contract, fee arrangement, or any other agreement with such coal producer to sell such coal to a third party on behalf of such coal producer. (g) Timing of Refund.--With respect to any claim for refund filed pursuant to this section, the Secretary of the Treasury shall determine whether the requirements of this section are met not later than 180 days after such claim is filed. If the Secretary determines that the requirements of this section are met, the claim for refund shall be paid not later than 180 days after the Secretary makes such determination. (h) Interest.--Any refund paid pursuant to this section shall be paid by the Secretary of the Treasury with interest from the date of overpayment determined by using the overpayment rate and method under section 6621 of such Code. (i) Standing Not Conferred.-- (1) With respect to exporters, this section shall not confer standing upon an exporter to commence, or intervene in, any judicial or administrative proceeding concerning a claim for refund by a coal producer of any Federal or State tax, fee, or royalty paid by the coal producer. (2) With respect to coal producers, this section shall not confer standing upon a coal producer to commence, or intervene in, any judicial or administrative proceeding concerning a claim for refund by an exporter of any Federal or State tax, fee, or royalty paid by the producer and alleged to have been passed on to an exporter.

Directs the Secretary of the Treasury to refund a portion of the excise tax paid by certain coal producers on coal exported to a foreign country or shipped to a U.S. possession after October 1, 1990.

To facilitate and expedite direct refunds to coal producers and exporters of the excise tax unconstitutionally imposed on coal exported from the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Price Transparency Act''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM FOR PRESCRIPTION DRUG PLANS AND MA-PD PLANS. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Pharmacy benefits manager transparency requirements.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor or with an MA organization offering an MA-PD plan under part C shall provide that the sponsor or organization, respectively, may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a `PBM') to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM adheres to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: ``(A) The PBM may not transmit any personally identifiable utilization, protected health information, or claims data, with respect to a plan enrollee, to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM- owned pharmacy. ``(B) The PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies.''. (b) Regular Update of Prescription Drug Pricing Standard.-- Paragraph (6) of section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended to read as follows: ``(6) Regular update of prescription drug pricing standard.-- ``(A) In general.--If the PDP sponsor of a prescription drug plan (or MA organization offering an MA-PD plan) uses a standard for reimbursement (as described in subparagraph (B)) of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part (or organization under part C) with respect to the plan shall provide that the sponsor (or organization) shall-- ``(i) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(ii) disclose to applicable pharmacies and the contracting entities of such pharmacies the sources used for making any such update immediately without requirement of request; ``(iii) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies and the respective contracting entities of such pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; ``(iv) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug, which must be adjudicated within 7 days of the pharmacy filing its appeal; and ``(v) provide all such pricing data in an .xml spreadsheet format or a comparable easily accessible and complete spreadsheet format. ``(B) Prescription drug pricing standard defined.-- For purposes of subparagraph (A), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost (MAC), or other costs, whether publicly available or not.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2018. SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM. Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(3) To the extent practicable, with respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE managed care support contractor includes requirements described in section 1860D- 12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.''. SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsections: ``(p) A contract may not be made or a plan approved under this chapter under which a carrier has an agreement with a pharmacy benefits manager (in this subsection referred to as a `PBM') to manage prescription drug coverage or to control the costs of the prescription drug coverage unless the carrier and PBM adhere to the following criteria: ``(1) The PBM may not transmit any personally identifiable utilization, protected health information, or claims data with respect to an individual enrolled under such contract or plan to a pharmacy owned by the PBM if the individual has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. ``(2) The PBM may not require that an individual enrolled under such contract or plan use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. ``(q)(1) If a contract made or plan approved under this chapter provides for a standard for reimbursement (as described in paragraph (2)) with respect to a prescription drug plan, such contract or plan shall provide that the applicable carrier-- ``(A) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(B) disclose to applicable pharmacies and the contracting entities of such pharmacies the sources used for making any such update immediately without requirement of request; ``(C) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies and contracting entities of such pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; ``(D) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug, which must be adjudicated within 7 days of the pharmacy filing its appeal; and ``(E) provide all such pricing data in an .xml spreadsheet format or a comparable easily accessible and complete spreadsheet format. ``(2) For purposes of paragraph (1), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost, or other costs, whether publicly available or not.''. (b) Application.--The amendment made by subsection (a) shall apply to any contract entered into under section 8902 of title 5, United States Code, on or after the date of enactment of this section.

Prescription Drug Price Transparency Act This bill adds certain transparency requirements for pharmacy benefits managers under Medicare, Medicare Advantage, TRICARE, and the Federal Employees Health Benefits Program.

Prescription Drug Price Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Program Improvement Act of 2017''. SEC. 2. IMPROVEMENTS TO CONSERVATION RESERVE PROGRAM. (a) Extension.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking ``2018'' and inserting ``2023''. (b) Enrollment.--Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) in paragraph (1), by striking ``during--'' in the matter preceding subparagraph (A) and all that follows through the period at the end and inserting ``during each of fiscal years 2019 through 2023 not more than 30,000,000 acres, not including any land that is transferred under section 1235(f).''; and (2) by adding at the end the following: ``(3) State target acreage enrollment.-- ``(A) In general.--During each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall carry out this subchapter in such a manner as to enroll and maintain acreage in the conservation reserve in accordance with the target acreage for each State, as determined under subparagraph (B). ``(B) Target acreage.--The target acreage referred to in subparagraph (A) for a State shall be equal to the product obtained by multiplying-- ``(i) the quotient (rounded to the eighth decimal point) obtained by dividing-- ``(I) the average number of acres of land in the State enrolled in the conservation reserve during each of fiscal years 2007 through 2016; by ``(II) the average number of acres of land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and ``(ii) 30,000,000.''. (c) Restrictions on Land Planted to Trees.--Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end the following: ``(j) Restrictions on Land Planted to Trees.-- ``(1) Reduction of base acres.--In a case in which, as result of a contract under this subchapter, the base acres (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) on a farm that are enrolled in the conservation reserve is greater than the acres of available cropland on the farm, the Secretary shall permanently reduce the number of base acres of the farm by the number of acres that are planted to trees under the conservation plan described in section 1232(a)(1). ``(2) Renewal.--No contract under this subchapter may be renewed with respect to any acreage that is planted to trees under the conservation plan described in section 1232(a)(1).''. (d) Haying and Grazing.--Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so designated), by striking ``in permitting those activities'' and inserting the following: ``in permitting-- ``(A) those activities''; (C) in subparagraph (A)(ii) (as so designated), by adding ``and'' at the end; and (D) by adding at the end the following: ``(B) those activities and the activities described in paragraph (4), not more than \1/3\ of the acres covered by the contract may be harvested during any year;''; (2) in paragraph (3)(B), in the matter preceding clause (i), by striking ``grazing,'' the first place it appears and inserting ``grazing outside the normal grazing period described in paragraph (5),''; (3) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and (4) by inserting after paragraph (3) the following: ``(4) mechanical harvesting of vegetative cover, without any restriction on the use of the vegetative cover harvested (except harvesting the vegetative cover for seed), subject to the conditions that-- ``(A) the harvesting may not occur more frequently than once every 3 years; and ``(B) the annual rental rate for the acres harvested during a year shall be reduced by 25 percent; ``(5) grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any restriction on grazing during the primary nesting period, subject to the conditions that-- ``(A) the grazing shall be at 25 percent of the normal carrying capacity determined under that subclause; and ``(B) the annual rental rate for the acres harvested during a year shall be reduced by 25 percent;''. (e) Wellhead Protection.--Section 1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is amended-- (1) in paragraph (1), by striking ``The total'' and inserting ``Except as provided in paragraphs (2) and (3), the total''; and (2) by adding at the end the following: ``(3) Wellhead protection.--Paragraph (1) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead.''. (f) Transition Option for Certain Farmers or Ranchers.--Section 1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is amended-- (1) in subsection (c)(1)(B)(iii), by striking ``a retired or retiring owner or operator to a beginning farmer or rancher or socially disadvantaged farmer or rancher'' and inserting ``an eligible owner or operator to a covered farmer or rancher (as those terms are defined in subsection (f)(1))''; and (2) in subsection (f)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (2) (as so designated) the following: ``(1) Definitions.--In this subsection: ``(A) Covered farmer or rancher.--The term `covered farmer or rancher' means-- ``(i) a beginning farmer or rancher; ``(ii) a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))); or ``(iii) a socially disadvantaged farmer or rancher. ``(B) Eligible owner or operator.--The term `eligible owner or operator' means a farmer or rancher who is-- ``(i) an owner or operator who is retired or retiring; or ``(ii) an owner who is not less than 65 years of age.''; (C) in paragraph (2) (as designated by subparagraph (A))-- (i) in the matter preceding subparagraph (A), by striking ``a retired farmer or rancher'' and all that follows through ```covered farmer or rancher')'' and inserting ``an eligible owner or operator to a covered farmer or rancher''; (ii) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (iii) by inserting before subparagraph (B) (as so designated) the following: ``(A) allow, without any penalty, the eligible owner or operator to terminate the contract entered into under this subchapter during the 3-year period ending on the date on which the contract would expire;''; (iv) by striking ``retired or retiring owner or operator'' each place it appears and inserting ``eligible owner or operator''; (v) by striking subparagraph (D) (as designated by clause (ii)) and inserting the following: ``(D) require the covered farmer or rancher to develop and implement, and provide to the covered farmer or rancher technical and financial assistance in the development of, a comprehensive conservation plan that addresses any resource concerns and meets such sustainability criteria as the Secretary may establish;''; and (vi) in subparagraph (E) (as designated by clause (ii)), by striking ``by not later than'' and all that follows through ``ownership or lease'' and inserting ``at any time during the period beginning on the date that is 1 year before the date of termination of the contract''; and (D) by adding at the end the following: ``(4) Eligibility.--An eligible owner or operator who may qualify for the option under paragraph (2) shall include an eligible owner or operator who entered into a contract under this subchapter not later than 2 years before the date of enactment of this paragraph.''. SEC. 3. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAMS. Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) is amended by inserting after subtitle E the following: ``Subtitle F--Other Conservation Provisions ``SEC. 1251. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAMS. ``(a) Definition of Covered Program.--In this section, the term `covered program' means-- ``(1) the conservation reserve program established under subchapter B of chapter 1 of subtitle D; ``(2) the farmable wetland program carried out under section 1231B; ``(3) the special conservation reserve enhancement program described in section 1234(g)(2); ``(4) the agricultural conservation easement program established under subtitle H; ``(5) the healthy forests reserve program established under section 501 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571); or ``(6) any similar program, as determined by the Secretary, that is established on or after the date of enactment of the Conservation Program Improvement Act of 2017. ``(b) Modifications.--Notwithstanding any other provision of law applicable to a covered program, subject to subsection (c), the Secretary shall-- ``(1) allow land enrolled in a covered program to be-- ``(A) modified for water management, general maintenance, vegetative cover control, wildlife habitat management, or any other purpose, subject to the condition that the modification shall be approved jointly by-- ``(i) the State department of natural resources (or equivalent State agency); and ``(ii) the technical committee established under section 1261(a) of the State; or ``(B) exchanged for land that has equal or greater conservation, wildlife, ecological, and economic values, as determined by the Secretary; and ``(2) provide for the modification of an agreement, a contract, or an easement under a covered program if the Secretary determines that the modification-- ``(A) would facilitate the practical administration and management of the land covered by the agreement, contract, or easement; and ``(B) would not adversely affect the functions and values for which the agreement, contract, or easement was established. ``(c) Requirements.-- ``(1) Enrolled acreage.--Any modification or exchange under subsection (b) shall not result in a net loss of acreage enrolled in the covered program. ``(2) Exchanged acres.--Any land for which an exchange is made under subsection (b) shall satisfy all requirements for enrollment in the covered program. ``(d) Costs.--A party to an agreement, a contract, or an easement under a covered program that requests a modification or exchange under subsection (b) shall be responsible for all costs of the modification or exchange, including-- ``(1) an appraisal to determine whether the economic value of the land for which an exchange is made under subsection (b) is equal to or greater than the value of the land removed from the covered program; ``(2) the repayment of the costs paid by the Secretary for any restoration of land removed from the covered program; ``(3) if applicable, a survey of property boundaries, including review and approval by the applicable agency; ``(4) preparation and recording in accordance with standard real estate practices of any exchange, including requirements for title approval by the Secretary, subordination of liens, and amended warranty easement deed recording; and ``(5) any applicable recording and legal fees.''.

Conservation Program Improvement Act of 2017 This bill amends the Food Security Act of 1985 to modify the Conservation Reserve Program (CRP) and conservation easement programs administered by the Department of Agriculture (USDA). (CRP provides payments to farmers who agree to remove environmentally sensitive land from agricultural production and plant species that will improve environmental health and quality.) The bill modifies CRP to: reauthorize the program through FY2023, increase the annual acreage cap to 30 million acres, revise the formula for determining state target acreage enrollment, add restrictions for land that is planted to trees, modify policies regarding grazing and the mechanical harvesting of vegetative cover, and remove payment limitations for rural water districts or associations that use land enrolled in CRP to protect a wellhead. The bill also modifies the Transition Incentives Program (TIP), which currently provides retired or retiring land owners or operators with additional payments for land enrolled in expiring CRP contracts in exchange for agreeing to sell or rent the land to a beginning farmer or rancher or a socially disadvantaged group. The bill revises TIP to: (1) make landowners who are at least 65 years of age and not retiring eligible for the program, (2) permit the land to be transferred to a veteran farmer or rancher, and (3) modify policies regarding the early termination and transfer of CRP contracts. In administering conservation easement programs, USDA must allow enrolled land to be: (1) modified for specified purposes; or (2) exchanged for land that has equal or greater conservation, wildlife, ecological, and economic values.

Conservation Program Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waco Mammoth National Monument Establishment Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in central Texas, near the city of Waco; (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4) the mammoth discoveries have received international attention; and (5) Baylor University and the city of Waco, Texas, have been working together-- (A) to protect the site; and (B) to develop further research and educational opportunities at the site. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Waco, Texas. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``Proposed Boundary Waco-Mammoth National Monument'', numbered T21/80,000, and dated April 2009. (4) Monument.--The term ``Monument'' means the Waco Mammoth National Monument established by section 4(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. (7) University.--The term ``University'' means Baylor University in the State. SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. (a) Establishment.--There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; and (2) any cooperative agreements entered into under subsection (b)(1). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.--The Secretary may acquire by donation only from the City any land or interest in land owned by the City within the proposed boundary of the Monument. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the University, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. (d) Prohibition of Use of Federal Funds.--No Federal funds may be used to pay the costs of-- (1) carrying out a cooperative agreement under subsection (b)(1); (2) acquiring land for inclusion in the Monument under subsection (b)(2); (3) developing a visitor center for the Monument; (4) operating or maintaining the Monument; (5) constructing exhibits for the Monument; or (6) developing the general management plan under subsection (c). (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section. (f) Effect on Eligibility for Financial Assistance.--Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act. (g) Termination of National Park System Status.-- (1) In general.--Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument. (2) Reversion.--If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City. (h) Private Property Protection.--No private property may be made part of the Monument without the written consent of the owner of that private property. SEC. 6. NO BUFFER ZONES. Nothing in this Act, the establishment of national monument, or the management plan shall be construed create buffer zones outside of the national monument. That an activity or use can be seen or heard from within the Monument shall not preclude the conduct of that activity or use outside the Monument.

Waco Mammoth National Monument Establishment Act of 2011 - Establishes the Waco Mammoth National Monument in Texas as a unit of the National Park System. Authorizes the Secretary of the Interior to enter into cooperative management agreements with Baylor University and the city of Waco, Texas (the city). Permits the Secretary to acquire by donation only from the city any land or interest in land owned by the city within the proposed boundary of the Monument. Requires the Secretary, in consultation with Baylor University and the city, to complete a general management plan for the Monument. Provides for the inclusion in such plan of opportunities for involvement by the University, the city, the state of Texas, and other local and national entities in the development of educational programs for the Monument and for the development and support of the Monument. Prohibits the use of federal funding to pay the costs of: (1) carrying out a cooperative agreement under this Act, (2) acquiring land for inclusion in the Monument, (3) developing a visitor center, (4) operating or maintaining the Monument, (5) constructing exhibits, or (6) developing the general management plan. Permits the use of non-federal funding to pay any costs that may be incurred by the Secretary or the National Park Service (NPS) to carry out this Act. Prohibits anything in this Act from affecting the eligibility of the Monument for federal grants or other financial assistance for which the Monument would have been eligible had System status not been conferred upon it. Terminates the designation of the Monument as a unit of the System if federal funding is required for the operation and maintenance of the Monument. Requires any land acquired by the Secretary from the city to revert to the city if such designation is terminated. Prohibits any private property from being made a part of the Monument without the owner's written consent. Prohibits anything in this Act, the establishment of such national monument, or the management plan from being construed as creating buffer zones outside of such monument. Bars an activity or use that can be seen or heard from within the Monument from precluding the conduct of that activity or use outside the Monument.

To establish the Waco Mammoth National Monument in the State of Texas, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Government Waste Reduction Act of 2013''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Board. Sec. 3. Duties of the Board. Sec. 4. Powers of the Board. Sec. 5. Board personnel matters. Sec. 6. Congressional consideration of Board recommendations. Sec. 7. Termination of the Board. SEC. 2. ESTABLISHMENT OF BOARD. (a) Establishment.--There is established the Independent Government Waste Reduction Board (hereafter in this Act referred to as the ``Board''). (b) Membership.-- (1) In general.-- (A) Appointment.--The Board shall be composed of 15 members appointed by the President, by and with the advice and consent of Congress. (B) Qualifications.--The members of the Board shall include individuals with national recognition for their expertise in agencies, efficiency, waste reduction, finance and economics, actuarial sciences, who provide a mix of different professionals, broad geographic representation, and a balance between urban and rural representatives. (C) Ethical disclosure.--The President shall establish a system for public disclosure by members of the Board of financial and other potential conflicts of interest relating to such members. Members of the Board shall be treated as officers in the executive branch for purposes of applying title I of the Ethics in Government Act of 1978 (Public Law 95-521). (D) Conflicts of interest.--No individual may serve as a member of the Board if that individual engages in any other business, vocation, or employment. (E) Consultation with congress.--In selecting individuals for nominations for appointments to the Board, the President shall consult with-- (i) the majority leader of the Senate concerning the appointment of 3 members; (ii) the Speaker of the House of Representatives concerning the appointment of 3 members; (iii) the minority leader of the Senate concerning the appointment of 3 members; and (iv) the minority leader of the House of Representatives concerning the appointment of 3 members. (2) Term of office.--Each member shall hold office for the duration of the Board. (3) Chairperson.-- (A) In general.--The Chairperson shall be appointed by the President, by and with the advice and consent of the Senate, from among the members of the Board. (B) Duties.--The Chairperson shall be the principal executive officer of the Board, and shall exercise all of the executive and administrative functions of the Board, including functions of the Board with respect to-- (i) the appointment and supervision of personnel employed by the Board; (ii) the distribution of business among personnel appointed and supervised by the Chairperson and among administrative units of the Board; and (iii) the use and expenditure of funds. (C) Governance.--In carrying out any of the functions under subparagraph (B), the Chairperson shall be governed by the general policies established by the Board and by the decisions, findings, and determinations the Board shall by law be authorized to make. (D) Requests for appropriations.--Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Board may not be submitted by the Chairperson without the prior approval of a majority vote of the Board. (4) Removal.--Any member may be removed by the President for neglect of duty or malfeasance in office, but for no other cause. (c) Vacancies; Quorum; Seal; Vice Chairperson; Voting on Reports.-- (1) Vacancies.--No vacancy on the Board shall impair the right of the remaining members to exercise all the powers of the Board. (2) Quorum.--A majority of the members of the Board shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (3) Seal.--The Board shall have an official seal, of which judicial notice shall be taken. (4) Vice chairperson.--The Board shall elect a Vice Chairperson to act in the absence or disability of the Chairperson or in case of a vacancy in the office of the Chairperson. (5) Voting on proposals.--Any proposal of the Board must be approved by the majority of members present. SEC. 3. DUTIES OF THE BOARD. (a) Submission of Report.--Not later than one year after the date of the enactment of this Act, the Board shall submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office report to Congress, entitled ``Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-318SP) and the February 2012 Government Accountability Office report to Congress, entitled ``Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue'' (GAO-12-342SP) and shall include-- (1) a summary of the recommendations; (2) an explanation of each recommendation contained in the report and the reasons for including such recommendation; (3) an opinion by the Government Accountability Office on whether each recommendation is consistent with the intent of such Government Accountability Office reports; (4) a legislative proposal that implements the recommendations; and (5) other information determined appropriate by the Board. (b) Recommendations Requirements.-- (1) Requirements.--Each recommendation in the report submitted under subsection (a)-- (A) shall result in a decrease of overall Government spending or an increase of Government revenue; and (B) shall not result in-- (i) any cut in benefits for veterans, members of the Armed Forces, or their families; or (ii) any cut in benefits for seniors, including-- (I) the elimination of guaranteed health insurance benefits for seniors or people with disabilities; (II) the conversion of Medicare into a voucher plan that provides limited payments to seniors or people with disabilities to purchase health care in the private health insurance market; (III) cuts in Medicaid health insurance benefits; (IV) cuts in nursing home care; or (V) privatization of Social Security benefits. (2) Consultation with other agencies.--The Board shall consult regularly with the Government Accountability Office and other agencies in making the recommendations required under this section. SEC. 4. POWERS OF THE BOARD. (a) Hearings.--The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this Act. (b) Obtaining Official Data.--The Board may secure directly from any department or agency information necessary to enable it to carry out this section. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Board on an agreed upon schedule. (c) Postal Services.--The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. (e) Offices.--The Board shall maintain a principal office and such field offices as it determines necessary, and may meet and exercise any of its powers at any other place. SEC. 5. BOARD PERSONNEL MATTERS. (a) Compensation of Members and Chairperson.--Each member of the Board, other than the Chairperson, shall be compensated at a rate equal to the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code. The Chairperson shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5315 of title 5, United States Code. (b) Travel Expenses.--The members of the Board 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 Board. (c) Staff.-- (1) In general.--The Chairperson may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. (2) Compensation.--The Chairperson may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. CONGRESSIONAL CONSIDERATION OF BOARD RECOMMENDATIONS. (a) Introduction.-- (1) In general.--On the day on which the report is submitted by the Board to the Congress under section 3(a), the legislative proposal (described in section 3(a)(4)) contained in the report shall be introduced (by request) in the Senate by the majority leader of the Senate or by Members of the Senate designated by the majority leader of the Senate and shall be introduced (by request) in the House by the majority leader of the House or by Members of the House designated by the majority leader of the House. (2) Not in session.--If either House is not in session on the day on which such legislative proposal is submitted, the legislative proposal shall be introduced in that House, as provided in subparagraph (A), on the first day thereafter on which that House is in session. (3) Any member.--If the legislative proposal is not introduced in either House within 5 days on which that House is in session after the day on which the legislative proposal is submitted, then any Member of that House may introduce the legislative proposal. (4) Referral.--The legislation introduced under this subsection in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. The legislation introduced under this subsection in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Discharge.--If the committee to which a legislative proposal described in subsection (a) is referred has not reported the bill containing such proposal by the end of the 20-day period beginning on the date on which the Board submits the report to Congress under section 3(a), such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (c) Expedited Consideration.-- (1) Consideration.--On or after the third day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (b)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Vote on final passage.--Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (d) Consideration by Other House.-- (1) Before passage.--If, before the passage by one House of a bill of that House described in subsection (b), that House receives from the other House a bill described in subsection (b), then the following procedures shall apply-- (A) the bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii); and (B) with respect to a bill described in subsection (b) of the House receiving the bill (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) After passage.--Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (e) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in subsection (b), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (f) Calendar Day Defined.--In this section, the term ``calendar day'' means a calendar day other than one on which either House is not in session because of an adjournment of more than three days to a date certain. SEC. 7. TERMINATION OF THE BOARD. The Board shall terminate 120 days after the date on which the Board submits the report under section 3(a).

Government Waste Reduction Act of 2013 - Establishes the Independent Government Waste Reduction Board, the membership of which shall include individuals with national recognition for expertise in agencies, waste reduction, finance and economics, and actuarial sciences. Requires the Board to submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office (GAO) report "Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue" and the February 2012 GAO report "Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue." Sets forth procedures for congressional consideration of the Board's recommendations.

Government Waste Reduction Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Educational Land-Grant Status Act of 1994''. SEC. 2. DEFINITION. As used in this Act, the term ``1994 Institutions'' means any one of the following colleges: (1) Bay Mills Community College. (2) Blackfeet Community College. (3) Cheyenne River Community College. (4) D-Q University. (5) Dullknife Memorial College. (6) Fond Du Lac Community College. (7) Fort Belknap Community College. (8) Fort Berthold Community College. (9) Fort Peck Community College. (10) LacCourte Orielles Ojibwa Community College. (11) Little Big Horn Community College. (12) Little Hoop Community College. (13) Nebraska Indian Community College. (14) Northwest Indian College. (15) Oglala Lakota College. (16) Salish Kootenai College. (17) Sinte Gleska University. (18) Sisseton Wahpeton Community College. (19) Standing Rock College. (20) Stonechild Community College. (21) Turtle Mountain Community College. (22) Navajo Community College. (23) United Tribes Technical College. (24) Southwest Indian Polytechnic Institute. (25) Institute of American Indian and Alaska Native Culture and Arts Development. (26) Crownpoint Institute of Technology. (27) Haskell Indian Junior College. (28) Leech Lake Tribal College. (29) College of the Menominee Nation. SEC. 3. LAND-GRANT STATUS FOR 1994 INSTITUTIONS. (a) In General.--1994 Institutions shall be considered land-grant colleges established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301-305, 307, and 308) except that this section shall not apply to the Act of May 8, 1914 (38 Stat. 372, Chapter 79; 7 U.S.C. 341 et seq.) or the Act of March 2, 1887 (24 Stat. 440, Chapter 314; 7 U.S.C. 361a et seq.). (b) Authorization of Appropriations.--In lieu of extending to 1994 Institutions, the provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), there is authorized to be appropriated $23,000,000 to establish an endowment pursuant to subsection (c) for 1994 Institutions. Amounts appropriated pursuant to this section shall be held and considered to have been granted to 1994 Institutions to establish an Endowment. (c) Endowment.-- (1) In general.--In accordance with this section, the Secretary of the Treasury shall establish a 1994 Institutions Endowment Fund (referred to in this subsection as the ``endowment fund''). The Secretary may enter into such agreements as are necessary to carry out this section. (2) Deposit to the endowment fund.--The Secretary shall deposit in the endowment fund any-- (A) amounts made available by appropriations pursuant to subsection (c) (referred to in this subsection as the ``endowment fund corpus''); and (B) interest earned on the endowment fund corpus. (3) Investments.--The Secretary shall invest the endowment fund corpus and income in interest-bearing obligations of the United States. (4) Withdrawals and expenditures.--The Secretary may not make a withdrawal or expenditure from the endowment fund corpus. On the termination of each fiscal year, the Secretary shall withdraw the amount of income from the endowment fund for the fiscal year, and after making adjustments for the cost of administering the endowment fund, distribute the adjusted income as follows: (A) 60 percent of the adjusted income shall be distributed among the 1994 Institutions on a pro rata basis. The proportionate share of the adjusted income received by a 1994 Institution under this subparagraph shall be based on the Indian student count (as defined in section 390(3) of the Carl D. Perkins Vocational Education Act (20 U.S.C. 2397h(3) or as defined in section 2(a)(7) of the Tribally Controlled Community College Assistance Act (25 U.S.C. 1801)) for each Institution for the fiscal year. (B) 40 percent of the adjusted income shall be distributed in equal shares to the 1994 Institutions. SEC. 4. APPROPRIATIONS. (a) Authorization of Appropriations.-- (1) In general.--For each fiscal year, there are authorized to be appropriated to the Department of the Treasury an amount equal to-- (A) $50,000; multiplied by (B) the number of 1994 Institutions. (2) Payments.--For each fiscal year, the Secretary of the Treasury shall pay to the treasurer of each 1994 Institution an amount equal to-- (A) the total amount made available by appropriations pursuant to paragraph (1); divided by (B) the number of 1994 Institutions. (3) Use of funds; requirements.--The amounts authorized to be appropriated under this subsection shall be used in the same manner as is prescribed for colleges under the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.), and, except as otherwise provided in this subsection, the requirements of such Act shall apply to 1994 Institutions. (b) Authorization of Appropriations for Cooperative Agreements.-- Section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343) is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(3) There is authorized to be appropriated for the fiscal year ending June 30, 1995, and for each fiscal year thereafter, for payment on behalf of the 1994 Institutions, $5,000,000 for the purposes set forth in section 2. Such sums shall be in addition to the sums appropriated for the several States and Puerto Rico, the Virgin Islands, and Guam under the provisions of this section. Such sums shall be distributed on the basis of a competitive applications process to be developed and implemented by the Secretary and paid by the Secretary to State institutions established in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.) (other than 1994 Institutions) and administered by such institutions through cooperative agreements with 1994 Institutions in their States in accordance with regulations to be adopted by the Secretary.''; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection: ``(f) There shall be no matching requirement for funds made available pursuant to subsection (b)(3).''. SEC. 5. INSTITUTIONAL CAPACITY BUILDING GRANTS. (a) Definitions.--As used in this section: (1) Federal share.--The term ``Federal share'' means, with respect to a grant awarded under subsection (b), the share of the grant that is provided from Federal funds. (2) Non-federal share.--The term ``non-Federal share'' means, with respect to a grant awarded under subsection (b) the matching funds paid with funds other than funds referred to in paragraph (2), as determined by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) In General.-- (1) Institutional capacity building grants.--For each of fiscal years 1995 through 1999, the Secretary shall make institutional capacity building grants to assist 1994 Institutions with constructing, acquiring, and remodeling buildings, laboratories, and other capital facilities (including fixtures and equipment) necessary to conduct research more effectively in agriculture and sciences. (2) Requirements for grants.--The Secretary shall make grants under this section-- (A) on the basis of a competitive application process under which appropriate officials of 1994 Institutions may submit applications to the Secretary in such form and manner as the Secretary may prescribe; and (B) in such manner as to ensure geographic diversity with respect to the 1994 Institutions that are the subject of the grants. (3) Demonstration of need.--The Secretary shall require, as part of an application for a grant under this subsection, a demonstration of need. The Secretary may only award a grant under this subsection to an applicant that demonstrates a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding. (4) Payment of non-federal share.--A grant awarded under this subsection shall be made on the condition that the recipient of the grant pay a non-Federal share in an amount specified by the Secretary. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Agriculture to carry out this section, $1,700,000 for each of fiscal years 1995 through 1999.

Equity in Educational Land-Grant Status Act of 1994 - Provides land-grant status for certain Indian colleges and institutions (1994 Institutions). Authorizes appropriations to establish an endowment for such Institutions in lieu of their extension. Directs the Secretary of the Treasury to establish a 1994 Institutions Endowment Fund. Authorizes appropriations for: (1) the 1994 Institutions; and (2) related cooperative agreements. Directs the Secretary of Agriculture to make capacity building grants to such Institutions. Authorizes appropriations.

Equity in Educational Land-Grant Status Act of 1994

TITLE I--DEPARTMENT OF STATE REWARDS PROGRAM SEC. 101. REVISION OF PROGRAM. Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows: ``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM. ``(a) Establishment.-- ``(1) In general.--There is established a program for the payment of rewards to carry out the purposes of this section. ``(2) Purpose.--The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, and other related criminal acts. ``(3) Implementation.--The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General. ``(b) Rewards Authorized.--In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual who furnishes information leading to-- ``(1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a United States person or United States property; ``(2) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United States property; ``(3) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves-- ``(A) a violation of United States narcotics laws such that the individual would be a major violator of such laws; ``(B) the killing or kidnapping of-- ``(i) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual's official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or ``(ii) a member of the immediate family of any such individual on account of that individual's official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or ``(C) an attempt or conspiracy to commit any act described in subparagraph (A) or (B); ``(4) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), or (3); or ``(5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), or (3). ``(c) Coordination.-- ``(1) Procedures.--To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, the offering, administration, and payment of rewards under this section, including procedures for-- ``(A) identifying individuals, organizations, and offenses with respect to which rewards will be offered; ``(B) the publication of rewards; ``(C) the offering of joint rewards with foreign governments; ``(D) the receipt and analysis of data; and ``(E) the payment and approval of payment, shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General. ``(2) Prior approval of attorney general required.--Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General. ``(d) Funding.-- ``(1) Authorization of appropriations.--Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such amounts as may be necessary to carry out this section. ``(2) Limitation.--No amount of funds may be appropriated under paragraph (1) which, when added to the unobligated balance of amounts previously appropriated to carry out this section, would cause such amounts to exceed $15,000,000. ``(3) Allocation of funds.--To the maximum extent practicable, funds made available to carry out this section should be distributed equally for the purpose of preventing acts of international terrorism and for the purpose of preventing international narcotics trafficking. ``(4) Period of availability.--Amounts appropriated under paragraph (1) shall remain available until expended. ``(e) Limitations and Certification.-- ``(1) Maximum amount.--No reward paid under this section may exceed $5,000,000. ``(2) Approval.--A reward under this section of more than $100,000 may not be made without the approval of the Secretary. ``(3) Certification for payment.--Any reward granted under this section shall be approved and certified for payment by the Secretary. ``(4) Nondelegation of authority.--The authority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated. ``(5) Protection measures.--If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary to effect such protection. ``(f) Ineligibility.--An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) shall not be eligible for a reward under this section. ``(g) Reports.-- ``(1) Reports on payment of rewards.--Not later than 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the information for which the reward was paid in dealing with those acts. ``(2) Annual reports.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the appropriate congressional committees with respect to the operation of the rewards program. The report shall provide information on the total amounts expended during the fiscal year ending in that year to carry out this section, including amounts expended to publicize the availability of rewards. ``(h) Publication Regarding Rewards Offered by Foreign Governments.--Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the rewards program shall be available for the publication of rewards offered by foreign governments regarding acts of international terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States. ``(i) Determinations of the Secretary.--A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. ``(j) Definitions.--As used in this section: ``(1) Act of international terrorism.--The term `act of international terrorism' includes-- ``(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in paragraph (8) of section 830 of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear explosive device (as defined in paragraph (4) of that section) by an individual, group, or non-nuclear-weapon state (as defined in paragraph (5) of that section); and ``(B) any act, as determined by the Secretary, which materially supports the conduct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism as determined for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)). ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Member of the immediate family.--The term `member of the immediate family', with respect to an individual, includes-- ``(A) a spouse, parent, brother, sister, or child of the individual; ``(B) a person with respect to whom the individual stands in loco parentis; and ``(C) any person not covered by subparagraph (A) or (B) who is living in the individual's household and is related to the individual by blood or marriage. ``(4) Rewards program.--The term `rewards program' means the program established in subsection (a)(1). ``(5) United states narcotics laws.--The term `United States narcotics laws' means the laws of the United States for the prevention and control of illicit trafficking in controlled substances (as such term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))). ``(6) United states person.--The term `United States person' means-- ``(A) a citizen or national of the United States; and ``(B) an alien lawfully present in the United States.''. SEC. 102. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW RELATING TO THE FORMER YUGOSLAVIA. (a) Authority.--In the sole discretion of the Secretary of State (except as provided in subsection (b)(2)) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual who furnishes information leading to-- (1) the arrest or conviction in any country; or (2) the transfer to, or conviction by, the International Criminal Tribunal for the Former Yugoslavia, of any individual who is the subject of an indictment confirmed by a judge of such tribunal for serious violations of international humanitarian law as defined under the statute of such tribunal. (b) Procedures.-- (1) To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, subject to paragraph (3), the offering, administration, and payment of rewards under this section, including procedures for-- (A) identifying individuals, organizations, and offenses with respect to which rewards will be offered; (B) the publication of rewards; (C) the offering of joint rewards with foreign governments; (D) the receipt and analysis of data; and (E) the payment and approval of payment, shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General. (2) Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General. (3) Rewards under this section shall be subject to any requirements or limitations that apply to rewards under section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) with respect to the ineligibility of government employees for rewards, maximum reward amount, and procedures for the approval and certification of rewards for payment. (c) Reference.--For the purposes of subsection (a), the statute of the International Criminal Tribunal for the Former Yugoslavia means the Annex to the Report of the Secretary General of the United Nations pursuant to paragraph 2 of Security Council Resolution 827 (1993) (S/ 25704). (d) Determination of the Secretary.--A determination made by the Secretary of State under this section shall be final and conclusive and shall not be subject to judicial review. (e) Priority.--Rewards under this section may be paid from funds authorized to carry out section 36 of the State Department Basic Authorities Act of 1956. In the Administration and payment of rewards under the rewards program of section 36 of the State Department Basic Authorities Act of 1956, the Secretary of State shall ensure that priority is given for payments to individuals described in section 36 of that Act and that funds paid under this section are paid only after any and all due and payable demands are met under section 36 of that Act. (f) Reports.--The Secretary shall inform the appropriate committees of rewards paid under this section in the same manner as required by section 36(g) of the State Department Basic Authorities Act of 1956. TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998 SEC. 201. SHORT TITLE. This title may be cited as the ``Extradition Treaties Interpretation Act of 1998''. SEC. 202. FINDINGS. Congress finds that-- (1) each year, several hundred children are kidnapped by a parent in violation of law, court order, or legally binding agreement and brought to, or taken from, the United States; (2) until the mid-1970's, parental abduction generally was not considered a criminal offense in the United States; (3) since the mid-1970's, United States criminal law has evolved such that parental abduction is now a criminal offense in each of the 50 States and the District of Columbia; (4) in enacting the International Parental Kidnapping Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998; 18 U.S.C. 1204), Congress recognized the need to combat parental abduction by making the act of international parental kidnapping a Federal criminal offense; (5) many of the extradition treaties to which the United States is a party specifically list the offenses that are extraditable and use the word ``kidnapping'', but it has been the practice of the United States not to consider the term to include parental abduction because these treaties were negotiated by the United States prior to the development in United States criminal law described in paragraphs (3) and (4); (6) the more modern extradition treaties to which the United States is a party contain dual criminality provisions, which provide for extradition where both parties make the offense a felony, and therefore it is the practice of the United States to consider such treaties to include parental abduction if the other foreign state party also considers the act of parental abduction to be a criminal offense; and (7) this circumstance has resulted in a disparity in United States extradition law which should be rectified to better protect the interests of children and their parents. SEC. 203. INTERPRETATION OF EXTRADITION TREATIES. For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms ``kidnaping'' and ``kidnapping'' to include parental kidnapping. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Department of State Rewards Program Title II: Extradition Treaties Interpretation Act of 1998 Title I: Department of State Rewards Program - Amends the State Department Basic Authorities Act of 1956 to revise the Department of State program of rewards for information leading to the arrest or conviction of individuals for acts of international terrorism against U.S. persons or property. Makes rewards also available for information leading to the arrest or conviction in any country of any individual for: (1) certain narcotics-related offenses, including killing or kidnapping; and (2) aiding or abetting in the commission of any such acts of intentional terrorism or narcotics-related offenses. Provides for rewards for the prevention, frustration, or favorable resolution of any such acts. (Sec. 101) Authorizes additional appropriations for such rewards. Limits the maximum reward to $5 million. Authorizes the Secretary to take necessary measures to provide for the protection of a reward recipient's identity (including that of the recipient's immediate family). Declares that all determinations of the Secretary under this Act shall be final and not subject to judicial review. (Sec. 102) Authorizes the Secretary to pay a reward for information leading to the arrest or conviction in any country, or the transfer to, or conviction by, the International Criminal Tribunal for the Former Yugoslavia, of any individual who is the subject of an indictment by the Tribunal for serious violations of international humanitarian law. Requires the Secretary to obtain the concurrence of the Attorney General before making a reward. Title II: Extradition Treaties Interpretation Act of 1998 - Extradition Treaties Interpretation Act of 1998 - Authorizes the interpretation of the terms "kidnaping" and "kidnapping" to include international parental kidnapping for purposes of any extradition treaty to which the United States is a party.

Extradition Treaties Interpretation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military SAFE Standards Act''. SEC. 2. REQUIREMENTS RELATING TO SEXUAL ASSAULT FORENSIC EXAMINERS FOR THE ARMED FORCES. (a) Personnel Eligible for Assignment.-- (1) In general.--Except as provided in paragraph (2), the individuals who may be assigned to duty as a sexual assault forensic examiner (SAFE) for the Armed Forces shall be members of the Armed Forces and civilian personnel of the Department of Defense or Department of Homeland Security who are as follows: (A) Physicians. (B) Nurse practitioners. (C) Nurse midwives. (D) Physician assistants. (E) Registered nurses. (2) Independent duty corpsmen.--An independent duty corpsman or equivalent may be assigned to duty as a sexual assault forensic examiner for the Armed Forces if the assignment of an individual specified in paragraph (1) is impracticable. (b) Availability of Examiners.-- (1) In general.--The Secretary concerned shall ensure the availability of an adequate number of sexual assault forensic examiners for the Armed Forces through the following: (A) Assignment of at least one sexual assault forensic examiner at each military medical treatment facility under the jurisdiction of such Secretary, whether in the United States or overseas. (B) If assignment as described in subparagraph (A) is infeasible or impracticable, entry into agreements with facilities, whether Governmental or otherwise, with appropriate resources for the provision of sexual assault forensic examinations, for the provision of sexual assault forensic examinations for the Armed Forces. (2) Naval vessels.--The Secretary concerned shall ensure the availability of an adequate number of sexual assault forensic examiners for naval vessels through the assignment of at least one sexual assault forensic examiner for each naval vessel. (c) Training and Certification.-- (1) In general.--The Secretary concerned shall establish and maintain, and update when appropriate, a training and certification program for sexual assault forensic examiners under the jurisdiction of such Secretary. The training and certification programs shall apply uniformly to all sexual assault forensic examiners under the jurisdiction of the Secretaries. (2) Elements.--Each training and certification program under this subsection shall include the following: (A) Training in sexual assault forensic examinations by qualified personnel who possess-- (i) a Sexual Assault Nurse Examiner-- adolescent/adult (SANE-A) certification or equivalent certification; or (ii) training and clinical or forensic experience in sexual assault forensic examinations similar to that required for a certification described in clause (i). (B) A minimum of 40 hours of coursework for participants in sexual assault forensic examinations of adults and adolescents. (C) Ongoing examinations and evaluations on sexual assault forensic examinations. (D) Clinical mentoring. (E) Continuing education. (3) Nature of training.--The training provided under each training and certification program under this subsection shall incorporate and reflect current best practices and standards on sexual assault forensic examinations. (4) Applicability of training requirements.--An individual may not be assigned to duty as a sexual assault forensic examiner for the Armed Forces after the date that is one year after the date of the enactment of this Act unless the individual has completed all training required under the training and certification program under this subsection at the time of assignment. (5) Sense of congress on certification.--It is the sense of Congress that each participant who successfully completes all training required under the certification and training program under this subsection should obtain a Sexual Assault Nurse Examiner--adolescent/adult certification or equivalent certification by not later than five years after completion of such training. (6) Examiners under agreements.--Any individual providing sexual assault forensic examinations for the Armed Forces under an agreement under subsection (b)(1)(B) shall possess training and experience equivalent to the training and experience required under the training and certification program under this subsection. (d) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Defense with respect to matters concerning the Department of Defense; and (2) the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy. (e) Repeal of Superseded Requirements.--Section 1725 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 971) is amended by striking subsection (b) (10 U.S.C. 1561 note).

Military SAFE Standards Act - Requires sexual assault forensic examiners (SAFEs) for the Armed Forces to be members of the Armed Forces and civilian personnel of the Department of Defense (DOD) or the Department of Homeland Security (DHS) who are physicians, nurse practitioners, nurse midwives, physician assistants, or registered nurses. Permits an independent duty corpsman or equivalent to be assigned as a SAFE if the assignment of such a physician, assistant, or nurse is impracticable. Directs the DOD and DHS Secretaries to: (1) assign at least one SAFE at each military medical treatment facility in the United States and overseas; or (2) enter into agreements with facilities with appropriate resources for the provision of sexual assault forensic examinations for the Armed Forces. Requires at least one SAFE to be assigned to each naval vessel. Requires the Secretary concerned to establish a SAFE certification program that includes training in sexual assault forensic examinations.

Military SAFE Standards Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Data Center Optimization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Federal Data Center Optimization Initiative. Sec. 5. Performance requirements related to data center consolidation. Sec. 6. Disposition of savings from data consolidation. Sec. 7. Reporting requirements to Congress and the Federal Chief Information Officer. Sec. 8. Agencies included in the Federal Data Center Optimization Initiative. SEC. 2. PURPOSE. The purpose of this Act is to optimize Federal data center usage and efficiency. SEC. 3. DEFINITIONS. In this Act: (1) Federal data center optimization initiative.--The term ``Federal Data Center Optimization Initiative'' means the initiative developed and implemented pursuant to section 4. (2) Covered agency.--The term ``covered agency'' means any agency included in the Federal Data Center Optimization Initiative pursuant to section 8. (3) Federal chief information officer.--The term ``Federal Chief Information Officer'' means the chief information officer of the Office of Management and Budget. (4) Data center.--The term ``data center'' means any room that is devoted to data processing servers, including server closets (typically less than 200 square feet) and server rooms (typically less than 500 square feet), within a conventional building, and larger spaces in any building dedicated to housing servers, storage devices, and network equipment, but the term does not include facilities that are exclusively devoted to communications and network equipment (such as telephone exchanges) and telecommunications rooms and closets. (5) Desktop virtualization.--The term ``desktop virtualization'' means any technology that creates a virtual version of an information technology device or resource and is used to separate a computer desktop environment from the physical computer. (6) Virtualization.--The term ``virtualization'' means the simulation of the software or hardware, or both, upon which other software runs which allows servers to be consolidated in ratios of 5:1 up to 25:1. The use of virtualization technology is both an instrumental and necessary component to achieve increases in server utilization rates. This simulated environment is called a virtual machine (VM). (7) Federal data center.--The term ``Federal data center'' means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (8) Power utilization effectiveness.--The term ``power utilization effectiveness'' means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. (9) Server utilization.--The term ``server utilization'' refers to the activity level of a server relative to its maximum activity level during peek hours of operation, expressed as a percentage. (10) Cloud computing.--The term ``cloud computing'', as defined by National Institute of Standards and Technology, means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (such as networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. The model is composed of the following: (A) Five essential characteristics, which are on- demand service, broad network access, resource pooling, rapid elasticity, and measured service. (B) Three service models, which are software as a service, platform as a service, and infrastructure as a service. (C) Four deployment models, which are private cloud, community cloud, public cloud, and hybrid cloud. SEC. 4. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE. (a) Requirement for Initiative.--The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for Plan.--Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a consolidated plan for implementation of the initiative by each agency. The agency consolidation plans must include descriptions of how agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative. The agency consolidation plans must also be included in, and consistent with, the President's annual budget submission materials, including the detailed budget justifications and appropriations estimates. SEC. 5. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER CONSOLIDATION. (a) Server Utilization.-- (1) 75 percent.--Each covered agency shall meet or exceed 75 percent average server utilization in agency data centers by 2015. (2) Methods to achieve requirement.--Each covered agency shall use the following methods to meet the requirement in paragraph (1): (A) The closing of existing data centers that have an average server utilization of under 65 percent. If the agency fails to close data centers with a utilization of under 65 percent, the agency must provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer will include an assessment of the agency explanation in the annual report to Congress. (B) The use of virtualization technology to achieve the consolidation of services within existing data centers to increase server utilization rates. (C) Shifting to a ``cloud first'' policy, under which agencies shall use one or more of the following: (i) Use commercial cloud technologies where feasible and cost effective by migrating agency data and government-provided services from agency owned and operated data centers to cloud computing services generally available with the private sector. (ii) Launch private government cloud services within an agency, or share resources across several agencies where more feasible and cost-effective in comparison to use of public cloud services. (iii) Use regional clouds with State and local governments where appropriate. (D) The consolidation of data centers across agencies. (E) Other methods identified by chief information offices of the agencies and the Federal Chief Information Officer. (b) Power Utilization Effectiveness.--Each covered agency shall achieve an average power utilization effectiveness for its data centers of 1.2 or less by 2015. (c) Power Metering.-- (1) This Act authorizes a pilot program be established at the Department of Defense aimed at researching innovative ways to achieve full metering. (2) The covered agency must establish other methods to obtain accurate data to measure power utilization effectiveness subject to the approval of the Federal Chief Information Officer. (d) Desktop Virtualization.--Each covered agency shall use desktop virtualization with existing workstations to the extent that is practicable, to save equipment replacement costs and improve the security posture of enpoint devices by migrating end user data from the device into the private cloud of the agency. (e) Efficient Information Technology.--Each covered agency shall give high priority to replacement of data center servers and other information technology equipment with more efficient equipment, using a baseline including the physical to virtual consolidation ratio and other criteria developed by the Federal Chief Information Officer in consultation with agency chief information officers. SEC. 6. DISPOSITION OF SAVINGS FROM DATA CONSOLIDATION. (a) Requirement To Track Costs.-- (1) In general.--Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (2) Factors.--In calculating net costs each year under paragraph (1), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real Estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To Track Savings.-- (1) In general.--Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (2) Factors.--In calculating net savings each year under paragraph (1), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real Estate savings. (D) Capital expense savings. (E) Operating system, database and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Cost Effective Measures.--Covered agencies shall use the most cost effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of Savings.--Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Comptroller General Report.--Not later than three months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Initiative and using them for the purposes identified in subsection (c), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General's findings and recommendations. The Federal Chief Information Officer shall take those findings and recommendations into account in developing the plan under section 4(b). SEC. 7. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF INFORMATION OFFICER. (a) Agency Requirement To Report to CIO.--Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Consolidation Initiative. The report shall include an update of the agency's plan for implementing the Initiative. (b) Federal Chief Information Officer Requirement To Report to Congress.--Each year, the Federal Chief Information Officer shall submit to the Committee on Science, Space, and Technology and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a consolidated report that assesses agency progress in carrying out the Federal Data Center Consolidation Initiative and updates the plan under section 4(b). The report may be included as part of the annual report required under section 3606 of title 44, United States Code. This report may also be included in the agency budget submissions to the Office of Management and Budget. SEC. 8. AGENCIES INCLUDED IN THE FEDERAL DATA CENTER OPTIMIZATION INITIATIVE. The following agencies shall be covered by the Federal Data Center Optimization Initiative: (1) Current agencies.--Each agency described in section 901(b) of title 31, United States Code. (2) Additional agencies.--Such other additional agencies as the Federal Chief Information Officer determines appropriate, after examining whether additional agencies should be covered by the Initiative and including the results of such examination in the plan under section 4(b) and updates under section 7.

Data Center Optimization Act - Directs the chief information officer of the Office of Management and Budget (OMB) (Federal CIO) to: (1) develop and implement an initiative to optimize the usage and efficiency of federal data centers, (2) submit to Congress a consolidated plan for implementation of the initiative by each agency, and (3) submit a consolidated report each year that assesses agency progress in carrying out the initiative and that updates such plan. Requires agency implementation plans to: (1) include descriptions of how agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multi-organizational use, and other appropriate methods to meet initiative requirements; and (2) be included in, and consistent with, the President's annual budget submission materials. Requires each agency included in the initiative to: (1) meet or exceed 75% average server utilization in agency data centers by 2015; (2) achieve an average power utilization effectiveness for its data centers of 1.2 or less by 2015; (3) establish methods to obtain accurate data to measure power utilization effectiveness; (4) use desktop virtualization with existing workstations to the extent practicable; and (5) give high priority to replacement of data center servers and other information technology equipment with more efficient equipment, using a baseline including the physical to virtual consolidation ratio and other criteria developed by the Federal CIO. Authorizes the establishment at the Department of Defense (DOD) of a pilot program aimed at researching innovation ways to achieve full metering. Requires such agencies to: (1) track costs and savings resulting from implementation of the initiative and report on those costs and savings annually to the Federal CIO, (2) determine net costs and net savings from data consolidation on an annual basis, (3) use the most cost effective measures to implement the initiative, (4) use resulting savings to offset implementation costs and to further enhance information technology capabilities and services, and (5) report to the Federal CIO annually on the initiative's implementation.

To optimize Federal data center usage and efficiency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Recreational Land Exchange Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the area surrounding the Colorado River in Grand County, Utah, and Dinosaur National Monument and the Book Cliffs in Uintah County, Utah, contains nationally recognized scenic values, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually; (2) the State of Utah owns multiple parcels of land in the area that were granted to the State under the Act of July 16, 1894 (28 Stat. 107, chapter 138), to be held in trust for the benefit of the public school system and other public institutions of the State; (3) the parcels of State trust land are largely scattered in checkerboard fashion amid the Federal land comprising the area of the Colorado River corridor, the Dinosaur National Monument, and the Book Cliffs; (4) the State trust land in the area of the Colorado River corridor, Dinosaur National monument, and the Book Cliffs contains significant natural and recreational values, including-- (A) portions of Westwater Canyon of the Colorado River; (B) the nationally recognized Kokopelli and Slickrock trails; (C) several of the largest natural rock arches in the United States; (D) multiple wilderness study areas and proposed wilderness areas; and (E) viewsheds for Arches National Park and Dinosaur National Monument; (5) the large presence of State trust land located in the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs area makes land and resource management in the area more difficult, costly, and controversial for the United States and the State of Utah; (6) although the State trust land was granted to the State to generate financial support for public schools in the State through the sale or development of natural resources, development of those resources in the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs area would be incompatible with managing the area for recreational, natural, and scenic values; (7) the United States owns land and interests in land in other parts of the State of Utah that can be transferred to the State in exchange for the State trust land without jeopardizing Federal management objectives or needs; and (8) it is in the public interest to exchange federally- owned land in the State for the Utah State trust land located in the Colorado River Corridor, Dinosaur National Monument, and the Book Cliffs area, on terms that are fair to the United States and the State of Utah. (b) Purpose.--It is the purpose of this Act to authorize, facilitate, and expedite the exchange of certain Federal land and non- Federal land in the State to further the public interest by-- (1) exchanging Federal land that has limited recreational and conservation values; and (2) acquiring State trust land with important recreational, scenic, and conservation values for permanent public management and use. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately ____ acres of Federal land located in Grand and Uintah Counties, Utah, as generally depicted on the map. (2) Map.--The term ``map'' means the map entitled ``Utah Recreational Land Exchange-Offered Lands'' and dated October 2004. (3) Non-federal land.--The term ``non-Federal land'' means-- (A) the approximately ____ acres of State trust located in the Colorado River corridor in Grand County, Utah, as generally depicted on the map; (B) the approximately ____ acres of State trust land located in the vicinity of Dinosaur National Monument in Uintah County, Utah, as generally depicted on the map; and (C) the approximately ____ acres of State trust land located in the vicinity of the Book Cliffs area in Uintah County, Utah, as generally depicted on the map. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Utah. SEC. 4. EXCHANGE OF LAND. (a) In General.--If, not later than 30 days after the date of enactment of this Act, the State offers to convey to the United States title to the non-Federal land that is acceptable to the Secretary, the Secretary shall-- (1) accept the offer; and (2) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, simultaneously convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Timing.-- (1) In general.--Except as provided in paragraph (2), the exchange of land authorized by subsection (a) shall be completed not later than 330 days after the date on which the State makes the Secretary an offer to convey the non-Federal land under that subsection. (2) Extension.--The Secretary and the State may agree to extend the deadline specified in paragraph (1). SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION. (a) Equal Value Exchange.--The value of the Federal land and non- Federal land to be exchanged under this Act-- (1) shall be approximately equal; or (2) shall be made approximately equal in accordance with subsection (c). (b) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land shall be determined by appraisals conducted-- (A) using comparable sales of surface and subsurface property; and (B) in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions (1992); (ii) the Uniform Standards of Professional Appraisal Practice; and (iii) section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (2) Selection of appraiser.-- (A) In general.--The appraisals of the Federal land and non-Federal land shall be conducted by 1 or more independent third-party appraisers selected by the Secretary and the State from a list of appraisers approved by the Secretary and the State under subparagraph (B). (B) Approval of list of appraisers.--Not later than 30 days after the date on which the State offers to convey the non-Federal land to the Secretary, the Secretary and the State shall approve the list of appraisers referred to in subparagraph (A). (3) Requirements.--During the appraisal process, the appraiser shall-- (A) consider comparable public and private sales without regard to-- (i) whether the land was acquired for conservation or preservation purposes; or (ii) the governmental or nonprofit status of the entity making the acquisition; and (B) if value is attributed to the land because of the presence of minerals subject to leasing under Federal mineral leasing laws, adjust the value proportionately to reflect Federal mineral revenue sharing, subject to the condition that the Utah School and Institutional Trust Lands Administration assume the revenue sharing obligation of the United States with respect to the land. (4) Review and approval.-- (A) In general.--Not later than 120 days after the date on which the appraiser is selected under paragraph (2), the appraiser shall submit to the Secretary and the State a copy of the completed appraisals for review. (B) Approval or disapproval.--Not later than 90 days after the date of receipt of an appraisal under subparagraph (A), the Secretary and the State shall independently approve or disapprove the appraisal. (5) Determination of value.-- (A) Determination by secretary and state.--If the Secretary and the State are unable to agree on the value of a parcel of land, the value of the parcel may be determined by the Secretary and the State in accordance with paragraphs (2) and (4) of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (B) Determination by court.-- (i) In general.--Notwithstanding any other provision of law, if the Secretary and the State have not agreed on the value of a parcel by the date that is 1 year after the date of enactment of this Act, a Federal district court (including the United States District Court for the District of Utah, Central Division) shall have jurisdiction to determine the value of the parcel. (ii) Limitation.--An action to determine the value of a parcel under clause (i) shall be brought not earlier than 1 year, but not more than 3 years, after the date of enactment of this Act. (c) Equalization of Values.-- (1) Surplus of non-federal land.--If after completion of the appraisal and dispute resolution process under subsection (b), the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the Secretary shall remove parcels of non-Federal land from the exchange until the value of the Federal land and non-Federal land is approximately equal. (2) Surplus of federal land.--If after completion of the appraisal and dispute resolution process under subsection (b), the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the value of the Federal land and non-Federal land may be equalized by-- (A) the Secretary and the State removing parcels of Federal land from the exchange until the value is approximately equal; or (B) the Secretary and the State adding additional State trust land to the non-Federal land, if-- (i) the additional land has been appraised in accordance with an ongoing Federal acquisition process or program; and (ii) the appraised value (as determined under clause (i)) has been accepted by the Secretary. SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE. (a) Administration of Non-Federal Land.-- (1) In general.--Subject to paragraph (2) and in accordance with section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), the non-Federal acquired by the United States under this Act shall become part of, and be managed as part of, the Federal administrative unit or area in which the land is located. (2) Limitation.--The payment of mineral revenues from the non-Federal land acquired under this Act shall be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191). (b) Withdrawal of Federal Land.--Subject to valid existing rights, the Federal land is withdrawn from-- (1) disposition under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of-- (A) the mineral leasing laws; (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and (C) the first section of the Act of July 31, 1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601). (c) Grazing Permits.-- (1) In general.--If land acquired under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the person acquiring the land shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (2) Renewal.--To the extent allowed by Federal or State law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, permit, or contract. (3) Cancellation.--Nothing in this Act prevents the State from canceling a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for non-grazing purposes by the State. (4) Base properties.--If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (d) Hazardous Materials.-- (1) In general.--The Secretary and, as a condition of the exchange, the State shall make available for review and inspection any record relating to hazardous materials on the land to be exchanged under this Act. (2) Costs.--The costs of remedial actions relating to hazardous materials on land acquired under this Act shall be paid by those entities responsible for the costs under applicable law. (e) Provisions Relating to Federal Land.--The exchange of land under this Act shall be considered to be in the public interest under section 206(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(a)).

Utah Recreational Land Exchange Act of 2004 - Directs the Secretary of the Interior to convey specified Federal land to the State of Utah in exchange for specified non-Federal land in the Colorado River corridor in Grand County, and in the vicinity of Dinosaur National Monument and the Book Cliffs area in Uintah County, Utah. Sets forth provisions regarding the administration of non-Federal land after the exchange, including mineral revenues, grazing permits, and hazardous materials.

A bill to authorize the exchange of certain land in Grand and Uintah Counties, Utah, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Edward William Brooke III Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Edward William Brooke III was the first African American elected by popular vote to the United States Senate and served with distinction for 2 terms from January 3, 1967, to January 3, 1979. (2) In 1960, Senator Brooke began his public career when Governor John Volpe appointed him chairman of the Boston Finance Commission, where the young lawyer established an outstanding record of confronting and eliminating graft and corruption and proposed groundbreaking legislation for consumer protection and against housing discrimination and air pollution. (3) At a time when few African Americans held State or Federal office, Senator Brooke became an exceptional pioneer, beginning in 1962, when he made national and State history by being elected Attorney General of Massachusetts, the first African American in the Nation to serve as a State Attorney General, the second highest office in the State, and the only Republican to win statewide in the election that year, at a time when there were fewer than 1,000 African American officials in our nation. (4) He won office as a Republican in a state that was strongly Democratic. (5) As Massachusetts Attorney General, Senator Brooke became known for his fearless and honest execution of the laws of his State and for his vigorous prosecution of organized crime. (6) The pioneering accomplishments of Edward William Brooke III in public service were achieved although he was raised in Washington, DC at a time when the Nation's capital was a city where schools, public accommodations, and other institutions were segregated, and when the District of Columbia did not have its own self-governing institutions or elected officials. (7) Senator Brooke graduated from Paul Laurence Dunbar High School and went on to graduate from Howard University in 1941. (8) Senator Brooke's enduring advocacy for self-government and congressional voting rights for the citizens of Washington, DC has roots in his life and personal experience as a native Washingtonian. (9) Senator Brooke served for 5 years in the United States Army in the segregated 366th Infantry Regiment during World War II in the European theater of operations, attaining the rank of captain and receiving a Bronze Star Medal for ``heroic or meritorious achievement or service'' and the Distinguished Service Award. (10) After the war, Senator Brooke attended Boston University School of Law, where he served as editor of the school's Law Review, graduating with an LL.B. in 1948 and an LL.M. in 1949, and made Massachusetts his home. (11) During his career in Congress, Senator Brooke was a leader on some of the most critical issues of his time, including the war in Vietnam, the struggle for civil rights, the shameful system of apartheid in South Africa, the Cold War, and United States' relations with the People's Republic of China. (12) President Lyndon B. Johnson appointed Senator Brooke to the President's Commission on Civil Disorders in 1967, where his work on discrimination in housing would serve as the basis for the 1968 Civil Rights Act. (13) Senator Brooke continued to champion open housing when he left the Senate and became the head of the National Low-Income Housing Coalition. (14) Senator Brooke has been recognized with many high honors, among them the Presidential Medal of Freedom in 2004, an honor that recognizes ``an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors''; the Grand Cross of the Order of Merit from the Government of Italy; a State courthouse dedicated in his honor by the Commonwealth of Massachusetts, making him the first African American to have a State courthouse named in his honor; the NAACP Spingarn Medal; and the Charles Evans Hughes award from the National Conference of Christians and Jews. (15) Senator Brooke's biography, Bridging The Divide: My Life, was published in 2006, and he is the author of The Challenge of Change: Crisis in Our Two-Party System, published in 1966. (16) Senator Brooke became a racial pioneer, but race was never at the center of his political campaigns. (17) He demonstrated to all that with commitment, determination, and strength of character, even the barriers once thought insurmountable can be overcome. (18) He has devoted his life to the service of others, and made enormous contributions to our society today. (19) The life and accomplishments of Senator Brooke is inspiring proof, as he says, that ``people can be elected on the basis of their qualifications and not their race''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Edward William Brooke III in recognition of his unprecedented and enduring service to our Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Edward William Brooke III Congressional Gold Medal Act - Requires the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Edward William Brooke III, the first African American elected by popular vote to the U.S. Senate, in recognition of his unprecedented and enduring service to our Nation.

A bill to award a congressional gold medal to Edward William Brooke III in recognition of his unprecedented and enduring service to our Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinated Youth Education, Employment Training, and Residential Treatment Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The United States Surgeon General has reported that serious mental, psychological, behavioral, and emotional difficulties affect 1 in 5 United States youth. Moreover, according to the National Institute of Mental Health, no other illnesses affect so many youths so seriously. (2) Youth who suffer from serious mental, psychological, behavioral, and emotional difficulties, including youth who have been abused and neglected, require specialized treatment and care in order to live successful lives, benefit from education and employment training, and avoid delinquent, criminal, or antisocial behaviors. However, there are an insufficient number of effective treatment programs for these youth. (3) As a consequence of the unavailability of appropriate treatment options, youth throughout the country with serious mental, psychological, behavioral, and emotional difficulties remain in juvenile detention facilities and jails for long periods waiting for treatment. These youth are in jeopardy of worsening mental and psychological disorders as a consequence of their confinement. Moreover, even though such confinement often provides no professional, clinically supervised treatment, confinement is the most expensive placement for troubled youth short of hospitalization. (4) Many youth entering residential treatment programs for the first time have already experienced the trauma of multiple placement disruptions and failures in alternative levels of care. Requiring multiple placements prior to residential treatment is predictive of poor outcomes, future disruptions, and problems affecting a youth's educational, emotional, and social growth. (5) Residential treatment programs for youth with serious mental, psychological, behavioral, and emotional difficulties, operated by professionally trained and supervised personnel, provides for a caring, therapeutic, and cost effective approach that serves the best interests of the youth. Residential treatment programs are integral components of comprehensive systems of care promoting responsibility and accountability and providing 24-hour care with professional counseling, therapy, specialized education, and/or employment training under the supervision of highly trained staff. (6) Residential treatment programs operated by Boys and Girls Home and Family Services, Inc. provide effective therapeutic and educational programs for youth suffering from serious mental, psychological, behavioral, and emotional problems that negatively affect their education and employability. Boys and Girls Home and Family Services, Inc.'s mission of improving the lives of youth and families includes providing youth with professional treatment and specialized education and training so that youth can return to their communities, and avoiding long term institutionalization while holding youth responsible and accountable. Such residential treatment programs offer the potential to help numerous youth throughout the country. (7) Lesser levels of care for youth with serious mental, psychological, behavioral, and emotional problems who require residential treatment can result in multiple failed placements until the proper level of advanced treatment is provided. It is estimated that more than one-third of first-time entrants into residential treatment programs have had 11 or more prior placements, with almost 40 percent coming from locked placements. (8) Since its founding in 1892, Boys and Girls Home and Family Services, Inc. has proven to be a trusted and successful provider of a full spectrum of services for youth and families, in collaboration with Federal, State, and local agencies, courts, schools, law enforcement, employment training agencies and employers, faith-based groups, and other community based organizations. A not-for-profit, 501(c)(3) organization, Boys and Girls Home and Family Services, Inc. has unique experience in operating small, medium, and large facilities and programs to serve youth and families, particularly in rural areas. The organization has demonstrated how to maximize cost efficiencies, and to pass those cost savings on to other providers so as to sustain the viability of collaborative services. The capability of Boys and Girls Home and Family Services, Inc. to sustain the highest level of youth services, residential treatment, provides a solid foundation for all lesser levels of care for youth. (9) The lengthy detention and excessive, multiple placement of youth with serious mental, psychological, behavioral, and emotional difficulties who are waiting for treatment is a serious problem for the Nation. The costs to society of detention and excessive, multiple placement of youth in need of residential treatment are exorbitant. Efficient and experienced residential treatment programs are needed to offer effective treatment, education, and training opportunities for youth, with the hope that they may one day be reintegrated into their communities. (10) Boys and Girls Home and Family Services, Inc., offering services nationwide, is a leading children, youth, and family service agency. The agency has a national reputation for excellence and unique capabilities and experiences that assist communities in designing and operating residential treatment programs to serve youth with serious mental, psychological, behavioral, and emotional difficulties. With adequate funding from the public and private sectors, Boys and Girls Home and Family Services, Inc. can assist other agencies and communities in implementing residential treatment programs to offer treatment, specialized education and training, and hope for youth. The result will be an improved ability for youth with serious mental, psychological, behavioral, and emotional difficulties to obtain education and employment training in order to lead fulfilling lives and contribute to society and the economy. (b) Purposes.--The purposes of this Act are as follows: (1) To further the important objective of providing exceptional services for youth with serious mental, psychological, behavioral, and emotional difficulties, through residential treatment programs, specialized education and employment training, and other appropriate levels of treatment, so that these youth may become productive citizens to ensure a bright future for themselves and their families. (2) To assist Boys and Girls Home and Family Services, Inc. with the costs of establishing exceptional residential treatment and specialized education and employment training programs to address the needs of youth with serious mental, psychological, behavioral, and emotional difficulties, their families and communities. SEC. 3. ASSISTANCE FOR BOYS AND GIRLS HOME AND FAMILY SERVICES, INC. (a) Assistance Authorized.--Using such funds as may be appropriated pursuant to the authorization of appropriations in subsection (c), the Secretary of Education and the Secretary of Labor shall make grants to Boys and Girls Home and Family Services, Inc., to assist with the costs of establishing programs and facilities for residential treatment, specialized education, and employment training and other appropriate levels of service to youth with serious mental, psychological, behavioral, and emotional problems, their families, and communities. (b) Grant Requirements.--To receive grants under subsection (a), Boys and Girls Home and Family Services, Inc. shall submit to either the Secretary of Education or the Secretary of Labor, or to both Secretaries, a proposal for the use of the grant funds, which shall relate to establishing programs for residential treatment, specialized education, and employment training and other appropriate levels of service to youth who suffer from emotional and behavioral difficulties, their families, and communities, with the objective of improving the lives of youth, their families, and communities. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Education and the Secretary of Labor $15,000,000 to make grants under this section. Amounts so appropriated shall remain available until expended.

Coordinated Youth Education, Employment Training, and Residential Treatment Act of 2006 - Directs the Secretary of Education and the Secretary of Labor to make grants to Boys and Girls Home and Family Services, Inc., to establish programs and facilities for residential treatment, specialized education, and employment training and other appropriate levels of service to youth with serious mental, psychological, behavioral, and emotional problems.

To authorize the Secretary of Education and the Secretary of Labor to make grants to advance treatment, education, and employment programs for youth with serious mental, psychological, behavioral, and emotional difficulties, so that they may obtain professional assistance necessary in order to be successful in their lives and contribute to the economy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Retrofit Finance Program Act''. SEC. 2. FINDINGS. Congress finds that-- (1) many families lack access to upfront capital to make cost-effective energy improvements to homes and apartments; (2) a number of States, local governments, and energy utilities are considering enacting, or have already enacted, innovative energy efficiency and renewable energy finance programs; (3) home retrofits create and support jobs in the United States in a number of fields, including jobs for electricians, heating and air conditioning installers, carpenters, construction, roofers, industrial truck drivers, energy auditors and inspectors, construction managers, insulation workers, renewable energy installers, and others; (4) cost-effective energy improvements pay for themselves over time and also save consumers energy, reduce energy demand and peak electricity demand, move the United States towards energy independence, reduce greenhouse gas emissions, and improve the value of residential properties; (5) modeling has shown that-- (A) energy efficiency and renewable energy upgrades in just 15 percent of residential buildings in the United States would require $280,000,000,000 in financing; and (B) the upgrades described in subparagraph (A) could reduce carbon dioxide emissions by more than a gigaton; and (6) home retrofits-- (A) are a key strategy to reducing global warming pollution; and (B) create and support green jobs. SEC. 3. DEFINITIONS. In this Act: (1) Eligible participant.--The term ``eligible participant'' means a homeowner, apartment complex owner, residential cooperative association, or condominium association that finances energy efficiency measures and renewable energy improvements to homes and residential buildings under this Act. (2) Energy efficiency measure and renewable energy improvement.--The term ``energy efficiency measure and renewable energy improvement'' means any installed measure (including products, equipment, systems, services, and practices) that would result in a reduction in-- (A) end-use demand for externally supplied energy or fuel by a consumer, facility, or user; and (B) carbon dioxide emissions, as determined by the Secretary. (3) Program.--The term ``program'' means the Home Energy Retrofit Finance Program established under section 4(a). (4) Qualified program delivery entity.--The term ``qualified program delivery entity'' means a local government, energy utility, or any other entity designated by the Secretary that administers the program for a State under this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. HOME ENERGY RETROFIT FINANCE PROGRAM. (a) Establishment.--The Secretary shall provide Home Energy Retrofit Finance Program grants to States for the purpose of establishing or expanding a State revolving finance fund to support financing offered by qualified program delivery entities for energy efficiency measures and renewable energy improvements to existing homes and residential buildings (including apartment complexes, residential cooperative associations, and condominium buildings under 5 stories). (b) Funding Mechanism.--In carrying out the program, the Secretary shall provide funds to States, for use by qualified program delivery entities that administer finance programs directly or under agreements with collaborating third party entities, to capitalize revolving finance funds and increase participation in associated financing programs. (c) Eligibility of Qualified Program Delivery Entities.-- (1) In general.--The Secretary shall provide guidance to the States on application requirements for a local government or energy utility that seeks to participate in the program, including criteria that require, at a minimum-- (A) a description of a method for determining eligible energy professionals who can be contracted with under the program for energy audits and energy improvements, including a plan to provide preference for entities that-- (i) hire locally; (ii) partner with State Workforce Investment Boards, labor organizations, community-based organizations, and other job training entities; or (iii) are committed to ensuring that at least 15 percent of all work hours are performed by participants from State-approved apprenticeship programs; and (B) a certification that all of the work described in subparagraph (A) will be carried out in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) Repayment over time.--To be eligible to participate in the program, a qualified program delivery entity shall establish a method by which eligible participants may pay over time for the financed cost of allowable energy efficiency measures and renewable energy improvements. (d) Allocation.--In making funds available to States for each fiscal year under this Act, the Secretary shall use the allocation formula used to allocate funds to States to carry out State energy conservation plans under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (e) Use of Funds.--Of the amounts in a State revolving finance fund-- (1) not more than 20 percent may be used by qualified program delivery entities for interest rate reductions for eligible participants; and (2) the remainder shall be available to provide direct funding or other financial support to qualified program delivery entities. (f) State Revolving Finance Funds.--On repayment of any funds made available by qualified program delivery entities under the program, the funds shall be deposited in the applicable State revolving finance fund to support additional financing to qualified program delivery entities for energy efficiency measures and renewable energy improvements. (g) Coordination With State Energy Efficiency Retrofit Programs.-- Home energy retrofit programs that receive financing through the program shall be carried out in accordance with all authorized measures, performance criteria, and other requirements of any applicable Federal home energy efficiency retrofit programs. (h) Program Evaluation.-- (1) In general.--The Secretary shall conduct a program evaluation to determine-- (A) how the program is being used by eligible participants, including what improvements have been most typical and what regional distinctions exist, if any; (B) what improvements could be made to increase the effectiveness of the program; and (C) the quantity of verifiable energy savings and renewable energy deployment achieved through the program. (2) Reports.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the program evaluation required under this subsection, including any recommendations. (B) State reports.--Not less than once every 2 years, States participating in the program shall submit to the Secretary reports on the use of funds through the program that include any information that the Secretary may require. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2010 through 2015. (b) Administrative Expenses.--An amount not exceeding 5 percent of the amounts made available under subsection (a) shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.

Home Energy Retrofit Finance Program Act - Directs the Secretary to Energy (DOE) to: (1) provide Home Energy Retrofit Finance Program grants to states to establish or expand revolving finance funds to support financing for energy efficiency measures and renewable energy improvements to existing homes and residential buildings; and (2) conduct and report to Congress on an evaluation of such Program.

A bill to establish a home energy retrofit finance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Do-Not-Text Act of 2008''. SEC. 2. EXEMPTION OF CERTAIN QUALIFYING MESSAGES FROM THE DEFINITION OF MOBILE SERVICE COMMERCIAL MESSAGE. (a) In General.--Section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)) is amended to read as follows: ``(d) Mobile Service Commercial Message Defined.--In this section, the term `mobile service commercial message'-- ``(1) means a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) in connection with such service; and ``(2) does not include any such commercial electronic mail message, if the primary purpose of such message is to-- ``(A) facilitate, complete, or confirm a commercial transaction that the recipient of such message has previously agreed to enter into with the sender of such message; ``(B) provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient of such message; ``(C) provide, with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of such message of products or services offered by the sender of such message-- ``(i) notice concerning a change in the terms or features of such subscription, membership, account, loan, or comparable ongoing commercial relationship; ``(ii) notice of a change in the standing or status of the recipient with respect to such subscription, membership, account, loan, or comparable ongoing commercial relationship; or ``(iii) at regular periodic intervals, account balance information or other types of account statements with respect to such subscription, membership, account, loan, or comparable ongoing commercial relationship; ``(D) provide information directly related to an employment relationship or related benefit plan in which the recipient of such message is currently involved, participating, or enrolled; or ``(E) deliver goods or services, including product updates or upgrades, that the recipient of such message is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender of such message.''. (b) Rule of Construction.--Section 14 of the CAN-SPAM Act of 2003 (15 U.S.C. 7712) is amended by adding at the end the following: ``(e) Rule of Construction Regarding Short Messaging Services and Mobile Service Commercial Messages.--This provisions of this section shall not prohibit-- ``(1) the sending of phone-to-phone short messages; and ``(2) the sending of mobile service commercial messages by a provider of commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934) to its subscribers at no cost to its subscribers unless a subscriber has expressed his or her desire not to receive such messages from the provider.''. SEC. 3. PROHIBITION ON UNAUTHORIZED MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended-- (1) in subparagraph (C)(iii), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(E) to send a mobile service commercial message to any person who has not provided express prior authorization for the receipt of such message to the sender of such message.''. (b) Definitions.--Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) The term `mobile service commercial message' has the same meaning given such term in section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)).''. (c) Rule of Construction.--Section 227(d) of the Communications Act of 1934 (47 U.S.C. 227(d)) is amended by adding at the end the following: ``(4) Rule of construction regarding short messaging services and mobile service commercial messages.--The prohibition prescribed under subsection (b)(1)(E) shall not prohibit-- ``(A) the sending of phone-to-phone short messages; and ``(B) the sending of mobile service commercial messages by a provider of commercial mobile service (as such term is defined in section 332(d)) to its subscribers at no cost to its subscribers unless a subscriber has expressed his or her desire not to receive such messages from the provider.''. SEC. 4. MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED ADVERTISEMENTS SENT TO CELLULAR TELEPHONES EXPLICITLY PROHIBITED. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall revise the do-not-call registry provisions of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii))-- (1) to consider commercial mobile service messaging practices that are costly or a nuisance to consumers; and (2) to explicitly prohibit, as an abusive telemarketing act or practice, the sending of any mobile service commercial message to a telephone number that is-- (A) assigned to a commercial mobile service; and (B) listed on the do-not-call registry. (b) Definitions.--As used in this section-- (1) the term ``mobile service commercial message'' has the same meaning given such term in section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)); and (2) the term ``commercial mobile service'' has the same meaning given such term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

Do-Not-Text Act of 2008 - Amends the CAN-SPAM Act of 2003 to exclude from the definition of "mobile service commercial message" a commercial e-mail if the message's primary purpose is to: (1) facilitate, complete, or confirm a transaction between the message recipient and the sender; (2) provide warranty, recall, safety, or security information regarding the recipient's product or service; (3) provide notice of a change in terms or conditions, a change in the status of the recipient, or account statements regarding a subscription, membership, account, loan, or comparable ongoing commercial relationship; (4) provide information regarding an employment relationship or benefit plan in which the recipient is involved; or (5) deliver goods or services, including updates or upgrades, that the recipient is entitled to receive. Declares that provisions relating to the application of the Act to wireless do not prohibit: (1) phone-to-phone short messages; and (2) the sending of mobile service commercial messages by a mobile service provider to its subscribers at no cost to its subscribers unless a subscriber has expressed a desire not to receive such messages. Amends the Communications Act of 1934 to require express prior authorization to send a mobile service commercial message to any person in the United States.

A bill to prohibit text message spam.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Executive Accountability Act of 2017''. SEC. 2. OFFICE OF INSPECTOR GENERAL IN THE EXECUTIVE OFFICE OF THE PRESIDENT. (a) Establishment.-- (1) In general.--Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in paragraph (1), by striking ``or the Director of the National Reconnaissance Office'' and inserting ``the Director of the National Reconnaissance Office; or the President (with respect to the Executive Office of the President)''; and (B) in paragraph (2), by striking ``or the National Reconnaissance Office'' and inserting ``the National Reconnaissance Office, or the Executive Office of the President''. (2) Appointment of inspector general.--Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual as the Inspector General of the Executive Office of the President in accordance with the requirements of section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). (b) Special Provisions.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8M the following: ``SEC. 8N. SPECIAL PROVISIONS CONCERNING THE EXECUTIVE OFFICE OF THE PRESIDENT. ``(a) Audits, Investigations, and Issuance of Subpoenas.-- ``(1) Authority, direction, and control.--Notwithstanding the last two sentences of section 3(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning any of the following: ``(A) The identity of a confidential source, including a protected witness. ``(B) An intelligence or counterintelligence matter. ``(C) An undercover operation. ``(2) Prohibition in certain situations.--With respect to the information described in paragraph (1), the President may prohibit the Inspector General of the Executive Office of the President from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, or to issue such subpoena, if the President determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1). ``(3) Notice after prohibition.-- ``(A) To inspector general.--If the President exercises any power under paragraph (2), not later than 30 days after exercising any such power, the President shall notify the Inspector General of the Executive Office of the President in writing, stating the reasons for exercising that power. ``(B) To congress.--Not later than 30 days after receiving a notice under subparagraph (A), the Inspector General of the Executive Office of the President shall transmit a copy of the notice to the chair and ranking member of each of the following: ``(i) The Committee on Oversight and Government Reform of the House of Representatives. ``(ii) The Committee on the Judiciary of the House of Representatives. ``(iii) The Committee on Homeland Security and Governmental Affairs of the Senate. ``(iv) The Committee on the Judiciary of the Senate. ``(v) Any other appropriate committee or subcommittee of Congress. ``(b) Semiannual Reports.-- ``(1) Additional information to be included.--Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 5(a) shall also include the following: ``(A) With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action. ``(B) A certification of whether the Inspector General of the Executive Office of the President has had full and direct access to all information relevant to the performance of the functions of the Inspector General. ``(C) A description of any audit, inspection, or evaluation occurring during the reporting period in which the Inspector General of the Executive Office of the President could not obtain relevant information due to an exercise of power by the President under subsection (a)(2). ``(D) Such recommendations as the Inspector General of the Executive Office of the President considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the President, and the detection and elimination of fraud, waste, and abuse in such programs and operations. ``(2) Submission to president.--Notwithstanding section 5(b), the Inspector General of the Executive Office of the President shall submit to the President the semiannual reports prepared under section 5(a), including the additional information required under paragraph (1), not later than April 30 and October 31 of each year. ``(3) Transmission to congress.--Not later than 30 days after receiving a semiannual report under paragraph (2), the President shall transmit the semiannual report, including any comments the President considers appropriate, to the chair and ranking member of each of the following: ``(A) The Committee on Oversight and Government Reform of the House of Representatives. ``(B) The Committee on the Judiciary of the House of Representatives. ``(C) The Committee on Homeland Security and Governmental Affairs of the Senate. ``(D) The Committee on the Judiciary of the Senate.''. (c) Technical and Conforming Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking ``subpena'' each place the term appears and inserting ``subpoena''; (2) by striking ``subpenas'' each place the term appears and inserting ``subpoenas''; (3) in section 8G(a)(1)-- (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; and (4) in section 8J, by striking ``8E'' and all that follows through ``this Act'' and inserting ``8E, 8F, 8H, or 8N of this Act''. (d) Over-Classification Audit.-- (1) Evaluations required.--The Inspector General of the Executive Office of the President, in consultation with the Information Security Oversight Office of the National Archives and Records Administration, shall carry out two evaluations of the Executive Office of the President-- (A) to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within the Executive Office of the President; and (B) to identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material within the Executive Office of the President. (2) Deadlines for evaluations.-- (A) Initial evaluation.--The first evaluation required under paragraph (1) shall be completed not later than one year after the date of the enactment of this Act. (B) Second evaluation.--The second evaluation required under paragraph (1) shall review progress made pursuant to the results of the first evaluation and shall be completed not later than one year after the date on which the first evaluation is completed. (3) Coordination.--The Inspector General of the Executive Office of the President shall coordinate with other Inspector Generals and the Information Security Oversight Office to ensure that evaluations follow a consistent methodology, as appropriate, that allows for cross-agency comparisons. (4) Reports required.-- (A) In general.--Not later than 45 days after the completion of an evaluation, the Inspector General of the Executive Office of the President shall submit to the appropriate entities a report on that evaluation. (B) Content.--Each report submitted under subparagraph (A) shall include a description of-- (i) the policies, procedures, rules, regulations, or management practices, if any, identified by the Inspector General under paragraph (1)(b); and (ii) the recommendations, if any, of the Inspector General to address any such identified policies, procedures, rules, regulations, or management practices. (5) Appropriate entities defined.--In this subsection, the term ``appropriate entities'' means each of the following: (A) The Committee on Oversight and Government Reform of the House of Representatives. (B) The Committee on the Judiciary of the House of Representatives. (C) The Committee on Homeland Security and Governmental Affairs of the Senate. (D) The Committee on the Judiciary of the Senate. (E) Any other appropriate committee or subcommittee of Congress. (F) The President. (G) The Director of the Information Security Oversight Office.

Federal Executive Accountability Act of 2017 This bill requires the President to appoint an Inspector General of the Executive Office of the President. Such Inspector General shall be under the authority, direction, and control of the President with respect to audits, investigations, or the issuance of subpoenas that require access to information concerning the identity of a confidential source, an intelligence or counterintelligence matter, and an undercover operation. The President may prohibit such Inspector General from carrying out any audit or investigation or issuing any subpoena upon determining that such prohibition is necessary to prevent the disclosure of any such information. The bill amends the Inspector General Act of 1978 to require the Inspector General established by this bill to include the following additional information in its required semiannual report to the head of its establishment: a description of corrective action completed on each significant recommendation; a certification of whether such Inspector General has had full and direct access to all information relevant to the performance of its functions; a description of any audit, inspection, or evaluation occurring during the reporting period in which such Inspector General could not obtain relevant information due to an exercise of presidential power; and any recommendations regarding efficiency in the administration of programs and operations undertaken by the President and the detection and elimination of fraud, waste, and abuse. Such Inspector General shall carry out two evaluations of the Executive Office of the President to: (1) assess whether applicable classification procedures have been followed within such office; and (2) identify policies and procedures that may be contributing to persistent misclassification of material within such office.

Federal Executive Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Improvement Act of 2001''. SEC. 2. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. (a) Requiring Reporting of All Contributions of $200 or More Within 10 Days of Receipt.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 502(a) of the Department of Transportation and Related Agencies Act, 2001 (as enacted into law by reference under section 101(a) of Public Law 106-346), is amended by adding at the end the following new subsection: ``(e)(1) Each political committee which receives a contribution of $200 or more shall notify the Commission of the contribution not later than 10 days after receipt, and shall include the identification of the contributor, the date of receipt and amount of the contribution, and (in the case of an authorized committee of a candidate) the name of the candidate and the office sought by the candidate. ``(2) The report required under this subsection shall be in addition to all other reports required under this Act.''. (b) Expanding Types of Contributions to Principal Campaign Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended-- (1) by striking ``$1,000'' and inserting ``$200''; and (2) by striking ``20th day'' and inserting ``90th day''. SEC. 3. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE RESIDENTS. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) The total amount of contributions accepted with respect to an election by a candidate for the office of Senator or the office of Representative in, or Delegate or Resident Commissioner to, the Congress from in-State individual residents shall be at least 50 percent of the total amount of contributions accepted from all sources. ``(2) If a candidate in an election makes expenditures of personal funds (including contributions by the candidate or the candidate's spouse to the candidate's authorized campaign committee) in an amount in excess of $250,000, paragraph (1) shall not apply with respect to any opponent of the candidate in the election. ``(3) In determining the amount of contributions accepted by a candidate for purposes of paragraph (1), the amounts of any contributions made by a political committee of a political party shall be allocated as follows: ``(A) 50 percent of such amounts shall be deemed to be contributions from in-State individual residents. ``(B) 50 percent of such amounts shall be deemed to be contributions from persons other than in-State individual residents. ``(4) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election involved is held.''. (b) Reporting Requirements.--Section 304 of such Act (2 U.S.C. 434), as amended by section 2(a), is further amended by adding at the end the following new subsection: ``(f)(1) Each principal campaign committee of a candidate for the Senate or the House of Representatives shall include the following information in the first report filed under subsection (a)(2) which covers the period which begins 19 days before an election and ends 20 days after the election: ``(A) The total contributions received by the committee with respect to the election involved from in-State individual residents (as defined in section 315(i)(4)), as of the last day of the period covered by the report. ``(B) The total contributions received by the committee with respect to the election involved from all persons, as of the last day of the period covered by the report. ``(2)(A) Each principal campaign committee of a candidate for the Senate or the House of Representatives shall submit a notification to the Commission of the first expenditure of personal funds (including contributions by the candidate or the candidate's spouse to the committee) by which the aggregate amount of personal funds expended (or contributed) with respect to the election exceeds $250,000. ``(B) Each notification under subparagraph (A)-- ``(I) shall be submitted not later than 24 hours after the expenditure or contribution which is the subject of the notification is made; and ``(II) shall include the name of the candidate, the office sought by the candidate, and the date of the expenditure or contribution and amount of the expenditure or contribution involved.''. (c) Penalty for Violation of Limits.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by adding at the end the following new paragraph: ``(4)(A) Any candidate who knowingly and willfully accepts contributions in excess of any limitation provided under section 315(i) shall be fined an amount equal to the greater of 200 percent of the amount accepted in excess of the applicable limitation or (if applicable) the amount provided in paragraph (1)(A). ``(B) Interest shall be assessed against any portion of a fine imposed under subparagraph (A) which remains unpaid after the expiration of the 30-day period which begins on the date the fine is imposed.''. SEC. 4. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. SEC. 5. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by striking ``exceed $100'' and inserting ``exceed $20''. SEC. 6. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new paragraph: ``(9)(A) For purposes of the limitations imposed by this section, any contribution made by a dependent minor shall be treated as follows: ``(i) If the dependent minor is the dependent of one other individual, the contribution shall be treated as a contribution made by such other individual. ``(ii) If the dependent minor is the dependent of another individual and such other individual's spouse, the contribution shall be allocated among such individuals in such manner as such other individuals may determine. ``(B) In this paragraph, the term `dependent minor' means an individual who-- ``(i) is a dependent of another individual; and ``(ii) has not, as of the time of making the contribution involved, attained the legal age for voting in elections for Federal office in the State in which such individual resides.''. SEC. 7. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS IN CONNECTION WITH FEDERAL ELECTIONS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully admitted'' and all that follows and inserting a period. SEC. 8. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by sections 2(a) and 3(b), is further amended by adding at the end the following new subsection: ``(g) If a political committee of a State political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. SEC. 9. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) Except with the separate, prior, written, voluntary authorization of each individual, it shall be unlawful-- ``(A) for any national bank or corporation described in this section to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activity in which the national bank or corporation is engaged; and ``(B) for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for political activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation, law, or regulations.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 10. PROHIBITING AUTHORIZED COMMITTEES OF CANDIDATES FROM ACCEPTING CONTRIBUTIONS FROM AUTHORIZED COMMITTEES OF OTHER CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 3(a), is amended by adding at the end the following new subsection: ``(j)(1) Except as provided in paragraph (2), the authorized committee of a candidate for election for Federal office may not accept any contribution from an authorized committee of another candidate for election for Federal office. ``(2) Paragraph (1) does not apply to the transfer of funds between an authorized committee of a candidate for election for Federal office and an authorized committee of the same candidate for election for another Federal office.''. SEC. 11. REQUIRING FEC TO MAKE SOFTWARE AVAILABLE FOR ELECTRONIC FILING. Section 311(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(11) through competitive bidding, obtain and provide for computer software required to carry out the electronic filing of designations, statements, and reports under this Act.''. SEC. 12. REQUIRING BROADCASTERS TO PROVIDE FREE RESPONSE TIME TO CANDIDATES SUBJECT TO SOFT MONEY ADVERTISEMENTS. Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is amended-- (1) by striking ``radio station'' each place it appears and inserting ``broadcast station''; and (2) by adding at the end of subsection (a) the following new paragraph: ``(3)(A) A broadcast station may not accept for broadcast any soft money advertisement which contains the image, name, or likeness of a candidate for election for Federal office unless the station agrees to broadcast without charge-- ``(i) if the soft money advertisement referred to or presented the candidate in a critical or negative manner, an advertisement provided by an authorized committee of such candidate, under conditions (such as the time of broadcast) similar to those under which the soft money advertisement was broadcast; or ``(ii) if the soft money advertisement referred to or presented the candidate in a positive manner, an advertisement provided by an authorized committee of the candidate's opponent in the election, under conditions (such as the time of broadcast) similar to those under which the soft money advertisement was broadcast. ``(B) In this paragraph, the term `soft money advertisement' means an advertisement whose costs are financed (in whole or in part) with funds which are not subject to the limitations, prohibitions, and reporting requirements of title III of the Federal Election Campaign Act of 1971, but does not include any advertisement whose costs are entirely financed by an authorized committee of a candidate for election for Federal office. ``(C) In this paragraph, the terms `authorized committee', `candidate', `election', and `Federal office' have the meaning given such terms in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431).''. SEC. 13. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections and transactions occurring after December 31, 2002.

Campaign Finance Improvement Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA), as amended by the Department of Transportation and Related Agencies Act, 2001, to require the Federal Election Commission (FEC) to: (1) require each political committee which receives a contribution of $200 or more to report it to the FEC; (2) require at least 50 percent of contributions accepted by candidates for the House of Representatives or the Senate to come from in-State residents; (3) require the principal campaign committees of such candidates to report to the FEC the total contributions received from in-State residents; (4) waive the "best efforts" exception and require the identification of any person who makes a contribution or contributions aggregating more than $200 annually; (5) lower the aggregate limit on U.S. and foreign cash contributions; (6) outline requirements for the treatment of contributions made by dependent minors; (7) redefine foreign national to include any individual who is not a U.S. citizen, regardless of whether admitted to the United States lawfully; and (8) require disclosure by a political committee of a national political party of all funds transferred to any political committee of a State or local political party, without regard to whether or not they are treated as contributions or expenditures subject to FECA limits (that is, disclosure of soft money funds transfers).Makes it unlawful, except with the authorization of each individual, for: (1) national banks or corporations to collect from or assess their stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess their members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged.Prohibits an authorized committee of a candidate for Federal office from accepting any contribution from an authorized committee of another candidate for Federal office except with regard to the transfer of funds between an authorized committee of a candidate for Federal office and an authorized committee of the same candidate for another Federal office.Requires the FEC to obtain and provide for the computer software required to carry out electronic filings under FECA.Amends the Communications Act of 1934 to prohibit a broadcast station from accepting for broadcast any soft money advertisement which contains the image, name, or likeness of a Federal election candidate unless the station agrees to broadcast without charge advertisements: (1) of the candidate's authorized committee, if the soft money advertisement was critical; or (2) of the authorized committee of the candidate's opponent, if the soft money advertisement was positive.

To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shore Protection Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the beach, shore, and coastal resources of the United States-- (A) are critical assets that must be protected, conserved, and restored; and (B) provide economic and environmental benefits that are of national significance; (2) a network of healthy and nourished beaches is essential to the economy, competitiveness in world tourism, and safety of coastal communities of the United States; (3)(A) the coasts of the United States are an economic asset, supporting 34 percent of national employment, or 28,000,000 jobs; and (B) the 413 coastal communities of the United States generate $1,300,000,000,000, or \1/3\, of the gross domestic product; (4)(A) travel and tourism-- (i) is the second largest sector of the economy of the United States; and (ii) contributed over $746,000,000,000 to the gross domestic product in 1995; (B) the health of the beaches and shoreline of the United States contributes to this economic benefit, since the leading tourist destinations in the United States are beaches; and (C) 85 percent of all tourism-generated revenue in the United States derives from coastal communities; (5)(A) the value of the coastline of the United States lies not only in the jobs and revenue that the coastline generates, but also in the families, homes, and businesses that the coastline protects from hurricanes, typhoons, and tropical and extratropical storms; (B) almost 50 percent of the total United States population lives in coastal communities; and (C) beaches provide protection to prevent the destruction of life and hundreds of billions of dollars worth of property; (6) shoreline protection projects can provide ecological and environmental benefits by providing for, or by restoring, marine and littoral habitat; (7)(A) the coastline of the United States is a national treasure, visited by millions of Americans and foreign tourists every year; (B) over 90,000,000 Americans spend time boating or fishing along the coast each year; and (C) the average American spends 10 recreational days per year on the coast; and (8) since shoreline protection projects generate positive economic, recreational, and environmental outcomes that benefit the United States as a whole, Federal responsibility for preserving this valuable resource should be maintained. (b) Purpose.--The purpose of this Act is to provide for a Federal role in shore protection projects, including projects involving the replacement of sand, for which the economic and ecological benefits to the locality, region, or Nation exceed the costs. SEC. 3. SHORE PROTECTION. (a) In General.--The first section of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426e), is amended-- (1) in subsection (a)-- (A) by striking ``damage to the shores'' and inserting ``damage to the shores and beaches''; and (B) by striking ``the following provisions'' and all that follows through the period at the end and inserting the following: ``this Act, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.''; (2) in subsection (d), by striking ``or from the protection of nearby public property'' and inserting ``, if there are sufficient benefits to local and regional economic development and to the local and regional ecology (as determined under subsection (e)(2)(B)),''; and (3) in subsection (e)-- (A) by striking ``(e) No'' and inserting the following: ``(e) Authorization of Projects.-- ``(1) In general.--No''; and (B) by adding at the end the following: ``(2) Studies.-- ``(A) In general.--The Secretary shall-- ``(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under this Act (including subparagraph (B)(iii)) and other applicable law; ``(ii) conduct such studies as Congress requires under applicable laws; and ``(iii) report the results of the studies to the appropriate committees of Congress. ``(B) Recommendations for shore protection projects.-- ``(i) In general.--The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A). ``(ii) Considerations.--In making recommendations, the Secretary shall consider the economic and ecological benefits of a shore protection project and the ability of the non- Federal interest to participate in the project. ``(iii) Consideration of local and regional benefits.--In analyzing the economic and ecological benefits of a shore protection project, or a flood control or other water resource project the purpose of which includes shore protection, the Secretary shall consider benefits to local and regional economic development, and to the local and regional ecology, in calculating the full economic and ecological justifications for the project. ``(iv) NEPA requirements.--Nothing in this subparagraph imposes any requirement on the Army Corps of Engineers under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(C) Coordination of projects.--In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall-- ``(i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and ``(ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects. ``(3) Shore protection projects.-- ``(A) In general.--The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress. ``(B) Agreements.-- ``(i) Requirement.--After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element. ``(ii) Terms.--The agreement shall-- ``(I) specify the life of the project; and ``(II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element. ``(C) Coordination of projects.--In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C). ``(4) Report to congress.--The Secretary shall report annually to the appropriate committees of Congress on the status of all ongoing shore protection studies and shore protection projects carried out under the jurisdiction of the Secretary.''. (b) Requirement of Agreements Prior to Reimbursements.-- (1) Small shore protection projects.--Section 2 of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426f), is amended-- (A) by striking ``Sec. 2. The Secretary of the Army'' and inserting the following: ``SEC. 2. REIMBURSEMENTS. ``(a) In General.--The Secretary-- ``(B) in subsection (a) (as so designated)-- ``(i) by striking `local interests' and inserting `non-Federal interests'; ``(ii) by inserting `or separable element of the project' after `project'; and ``(iii) by inserting `or separable elements' after `projects' each place it appears; and ``(C) by adding at the end the following: ``(b) Agreements.-- ``(1) Requirement.--After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element. ``(2) Terms.--The agreement shall-- ``(A) specify the life of the project; and ``(B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.''. (2) Other shoreline protection projects.--Section 206(e)(1)(A) of the Water Resources Development Act of 1992 (33 U.S.C. 426i-1(e)(1)(A)) is amended by inserting before the semicolon the following: ``and enters into a written agreement with the non-Federal interest with respect to the project or separable element (including the terms of cooperation)''. (c) State and Regional Plans.--The Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946, is amended-- (1) by redesignating section 4 (33 U.S.C. 426h) as section 5; and (2) by inserting after section 3 (33 U.S.C. 426g) the following: ``SEC. 4. STATE AND REGIONAL PLANS. ``The Secretary may-- ``(1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources located within the boundaries of the State; ``(2) encourage State participation in the implementation of the plan; and ``(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.''. (d) Definitions.-- (1) In general.--Section 5 of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (as redesignated by subsection (c)(1)), is amended-- (A) by striking ``Sec. 5. As used in this Act, the word `shores' includes all the shorelines'' and inserting the following: ``SEC. 5. DEFINITIONS. ``In this Act: ``(1) Secretary.--The term `Secretary' means the Secretary of the Army, acting through the Chief of Engineers. ``(2) Separable element.--The term `separable element' has the meaning provided by section 103(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(f)). ``(3) Shore.--The term `shore' includes each shoreline of each''; and (B) by adding at the end the following: ``(4) Shore protection project.--The term `shore protection project' includes a project for beach nourishment, including the replacement of sand.''. (2) Conforming amendments.--The Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946, is amended-- (A) in subsection (b)(3) of the first section (33 U.S.C. 426e(b)(3)), by striking ``Secretary of the Army, acting through the Chief of Engineers,'' and inserting ``Secretary,''; and (B) in section 3 (33 U.S.C. 426g), by striking ``Secretary of the Army'' and inserting ``Secretary''. (e) Objectives of Projects.--Section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) is amended by inserting ``(including shore protection projects such as projects for beach nourishment, including the replacement of sand)'' after ``water resource projects''.

Shore Protection Act of 1996 - Includes as U.S. policy the prevention of damage to U.S. beaches and the promotion of shore protection projects (projects) and related research that encourages the protection, restoration, and enhancement of sandy beaches. Directs the Secretary of the Army to: (1) recommend, conduct, and report to the Congress on studies concerning projects that meet established criteria; (2) recommend to the Congress the authorization or reauthorization of projects based on study results; (3) consider the economic, ecological, local, and regional benefits of such projects; and (4) carry out the projects in coordination with any other Federal projects. Directs the Secretary to: (1) construct any project authorized by the Congress for which funds have been appropriated through a construction agreement with a non-Federal interest; (2) report annually to the appropriate congressional committees on the status of all ongoing shore protection studies and projects; and (3) reimburse non-Federal interests (currently, local interests) for work done on authorized projects (current law) or separable elements of such projects. Amends the Water Resources Development Act of 1992 to require similar written agreements with non-Federal interests for shoreline projects carried out under such Act. Authorizes the Secretary to: (1) cooperate with a State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources; (2) encourage State participation in plan implementation; and (3) submit reports and recommendations to the Congress concerning Federal participation in such plan. Amends the Flood Control Act of 1970 to include within authorized projects shore protection projects, including beach nourishment and the replacement of sand.

Shore Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Patient Choice Act of 1998''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2706. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. ``(a) Equity in Provision of Prescription Drug Coverage.-- ``(1) In general.--If a group health plan or a health insurance issuer offering group health insurance coverage provides for prescription drug coverage only if such drugs are furnished through providers who are members of a network of providers who have entered into a contract with the plan or issuer to provide such drugs, the issuer shall also offer to enrollees the option of health insurance coverage which provides for coverage of such drugs which are not furnished through providers who are members of such network. ``(2) Premiums.--A group health plan or a health insurance issuer offering group health insurance coverage may not charge a higher premium, co-payment, or deductible for coverage of drugs which are furnished through providers who are not members of a network of providers who have entered into a contract with the plan or issuer. ``(3) Cost sharing.--Under the option described in paragraph (1), the health insurance coverage shall provide for reimbursement rates for prescription coverage offered by nonparticipating providers that are not less than the reimbursement rates for prescription coverage offered by participating pharmacies. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 713. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. ``(a) Equity in Provision of Prescription Drug Coverage.-- ``(1) In general.--If a group health plan or a health insurance issuer offering group health insurance coverage provides for prescription drug coverage only if such drugs are furnished through providers who are members of a network of providers who have entered into a contract with the issuer to provide such drugs, the issuer shall also offer to such enrollees the option of health insurance coverage which provides for coverage of such drugs which are not furnished through providers who are members of such network. ``(2) Premiums.--A group health plan or a health insurance issuer offering group health insurance coverage may not charge a higher premium, co-payment, or deductible for coverage of drugs which are furnished through providers who are not members of a network of providers who have entered into a contract with the plan or issuer. ``(3) Cost sharing.--Under the option described in paragraph (1), the health insurance coverage shall provide for reimbursement rates for prescription coverage offered by non participating providers that are not less than the reimbursement rates for prescription coverage offered by participating pharmacies. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Equity in provision of prescription drug coverage.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section: ``SEC. 2752. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. ``(a) In General.--The provisions of section 2706 (other than subsection (c)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Application to Medicare Managed Care Plans.--Subparagraph (B) of section 1876(c)(4) of the Social Security Act (42 U.S.C. 1395mm(c)(4)) is amended to read as follows: ``(B) meets the requirements of section 2752 of the Public Health Service Act with respect to individuals enrolled with the organization under this section.''. (d) Application to Medicaid Managed Care Plans.--Title XIX of such Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1908 the following new section: ``equity in provision of prescription drug coverage ``Sec. 1909. (a) In General.--A State plan may not be approved under this title, and Federal financial participation not available under section 1903(a) with respect to such a plan, unless the plan requires each health insurance issuer or other entity with a contract with such plan to provide coverage or benefits to individuals eligible for medical assistance under the plan to comply with the provisions of section 2752 of the Public Health Service Act with respect to such coverage or benefits. ``(b) Waivers Prohibited.--The requirement of subsection (a) may not be waived under section 1115 or section 1915(b) of the Social Security Act.''. (e) Medigap and Medicare Select Policies.--Section 1882 of such Act (42 U.S.C. 1395ss) is amended-- (1) in subsection (s)(2), by adding at the end the following new subparagraph: ``(E) An issuer of a medicare supplemental policy (as defined in section 1882(g)) shall comply with the requirements of section 2752 of the Public Health Service Act with respect to benefits offered under such policy.''; and (2) in subsection (t)(1)-- (A) in subparagraph (B), by inserting ``subject to subparagraph (G),'' after ``(B)'', (B) by striking ``and'' at the end of subparagraph (E), (C) by striking the period at the end of subparagraph (F) and inserting ``; and'', and (D) by adding at the end the following new subparagraph: ``(G) the issuer of the policy complies with the requirements of section 2752 of the Public Health Service Act with respect to enrollees under this subsection .''. (f) FEHBP.--Section 8902 of title 5, United States Code, is amended by adding at the end the following the following new subsection: ``(o) A contract may not be made or a plan approved which excludes does not comply with the requirements of section 2752 of the Public Health Service Act.''. (g) Effective Dates.--(1)(A) Subject to subparagraph (B), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (B) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers that is ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 1998. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998. (3) The amendment made by subsection (c) shall apply to contracts for contract periods beginning on or after January 1, 1998. (4) The amendment made by subsection (d) shall apply to Federal financial participation for State plan expenditures made on or after January 1, 1998. (5) The amendments made by subsection (e) shall apply with respect to medicare supplemental policies and medicare select policies offered, sold, issued, renewed, in effect, or operated on and after January 1, 1998. (6) The amendment made by subsection (f) shall apply with respect to contracts for periods beginning on and after January 1, 1998. (h) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.

Prescription Drug Patient Choice Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan (and a health insurance issuer offering group coverage) that covers prescription drugs when the drugs are furnished through network providers to also offer the option of coverage of prescription drugs when furnished through non-network providers. Prohibits higher premiums, copayments, or deductibles or lower reimbursement for drugs through non-network providers. Amends the Public Health Service Act to apply the above requirements to issuers in the individual market. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, State Medicaid plans, issuers of Medicare supplemental policies, and Medicare select policies to meet the requirements of this Act. Amends Federal law relating to health benefits for Federal employees to require compliance with this Act.

Prescription Drug Patient Choice Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Innovation in Medicine Act of 2013'' or the ``AIM Act of 2013''. SEC. 2. FINDINGS. Congress finds as follows: (1) Innovation in health care technology is necessary to improve health outcomes and depends in part on the ability of medical technology developers, including scientists, physicians, engineers, and patient advocates, to introduce medical devices into the marketplace. (2) Even after meeting requirements for marketing set by the Food and Drug Administration, there may be uncertainties about patient access through government health care programs, causing significant delays in bringing innovative medical devices to patients or causing medical technology developers to abandon potential health care solutions. (3) Patients covered by the Medicare program are often willing to enter into self-pay arrangements with physicians and other providers to purchase items or services, yet under current laws restricting such freedom of choice, the self-pay arrangements may be associated with regulatory impediments or a risk of civil penalties. (4) Enabling health care technology manufacturers to designate products to be directly available to self-pay patients and excluded from government health program payments at an early stage of product development will promote innovation and result in increased patient access to desired products and services, save taxpayer dollars, and reduce administrative burdens on physicians and the government. (5) Enabling health care technology manufacturers to designate their devices as available to self-pay patients would permit a window of time during which additional data may be obtained on outcomes, comparative clinical effectiveness or other data elements for possible future coverage by the Medicare program. SEC. 3. ESTABLISHMENT OF MANUFACTURER OPT-OUT PROGRAM FOR MEDICAL DEVICES. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended adding at the end the following new subsection: ``(p) Establishment of Accelerating Innovation in Medicine (AIM) List of Medical Devices Voluntarily Excluded From Coverage.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop and maintain a listing (in this section referred to as the `AIM list') of medical devices for which, because of their inclusion in such listing, no insurance benefit and no payment may be made for such a device under this title either directly or on a capitated basis such that no claim for payment may be submitted under this title for such a device and an individual who consents to receive such a device is responsible for payment for the device and services related to furnishing the device. ``(2) Procedures for inclusion in aim list.-- ``(A) Requirement for written consent of manufacturer.--No medical device may be included in the AIM list without the written consent of the manufacturer of the device. ``(B) Submission process.--A manufacturer seeking to have a medical device included in the AIM list shall submit to the Secretary a request for inclusion of the device in the AIM list. In the case of such a device for which-- ``(i) there is a request for approval or clearance for marketing and sale of the device by the Food and Drug Administration pursuant to authority granted by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), including pursuant to section 510(k) or 515(c) of such Act (21 U.S.C. 360(k), 360e(c)), the request for inclusion of the device in the AIM list may not be submitted earlier than the date of the request for such approval or clearance and no later than the first business day of the month beginning at least 30 days after the date of such approval or clearance; or ``(ii) the device is exempt from such approval and clearance requirements, the request may be submitted at a time that is not later than the first business day of the month beginning at least 30 days after the date of the first sale of the device by its manufacturer. ``(3) Listing periods; removal from list.-- ``(A) 3-year listing periods.--A medical device included in the AIM list shall be initially listed for a period of 3 years and shall remain so listed for subsequent 3-year periods subject to subparagraphs (B) and (C). ``(B) Removal at request of manufacturer.--At any time a device of a manufacturer included in the AIM list shall be removed from the AIM list upon the written request of the manufacturer. Subject to subparagraph (C), such a device of a manufacturer may not be removed from the AIM list except upon the written request of the manufacturer. ``(C) Provision of data on clinical studies as a condition for continued listing.--As a condition for the continued inclusion of the device of a manufacturer in the AIM list for a subsequent 3-year listing period under subparagraph (A), the manufacturer shall provide the Secretary with published or publicly available data on clinical studies completed for the device at the end of the previous 3-year listing period. If the Secretary determines that a manufacturer of a device has materially failed to provide such data for the device, the Secretary may remove the device from the AIM list or not renew the listing for the device or both. ``(4) Medical device defined.--In this subsection, the term `medical device' has the meaning given the term `device' in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(5) Posting of listed devices on website.--The Secretary shall post on a public website of the Department of Health and Human Services or other publicly accessible manner a list of the medical devices included in the AIM list and shall provide for updating the website on a real-time basis (but no less frequently than monthly) to reflect changes in the medical devices in the AIM list. ``(6) Regulations not required.--Nothing in this subsection shall be construed as requiring the Secretary to promulgate regulations to carry out this subsection. ``(7) Requirement for informed consent in order for provider to charge for device.--If a physician or other entity furnishes a medical device included in the AIM list to an individual under this title and failed to obtain, before furnishing the device, an appropriate informed consent under which the individual is informed of and accepts liability under paragraph (1) for payment for the device (and related services), the physician or other entity is deemed to have agreed not to impose any charge under this title for such device (and for services related to furnishing the device).''. (b) Conforming Amendment.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (24), by striking ``or'' at the end; (2) in paragraph (25), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (25) the following new paragraph: ``(26) where such expenses are for a medical device included in the AIM list under section 1862(p) or for items and services related to furnishing such device.''.

Accelerating Innovation in Medicine Act of 2013 or AIM Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to develop an AIM list of medical devices for which, because of their inclusion on the list, insurance benefits and payments are prohibited under Medicare (either directly or on a capitated basis), with the result that no Medicare claim may be submitted and an individual who consents to receive such a device is responsible for paying for it and for any related services. Directs the Secretary to post on a public HHS website or other publicly accessible media an updated list of the medical devices on the AIM list.

AIM Act of 2013

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Domestic Violence Judicial Support Act of 2012''. (b) Findings.--The Congress finds as follows: (1) The 2010 National Survey by the Centers for Disease Control and Prevention found that 1 in 4 women have been the victim of severe physical violence by an intimate partner, while 1 in 7 men experienced severe physical violence by an intimate partner. Female victims of intimate partner violence experienced different patterns of violence than male victims. Female victims experienced multiple forms of these types of violence; male victims most often experienced physical violence. (2) A critical issue in domestic violence cases is the risk of continued victimization during the pretrial period. Offenders may violate no-contact orders, further injure victims, or intimidate them. Such occurrences highlight a critical need for efficiency in court proceedings. (3) Of 3,750 intimate partner violence cases filed in State courts in 16 large urban counties in 2002, children were present during the violent incident in 36 percent of the cases. Of those children who were present, 60 percent directly witnessed the violence. Court collection of information and statistics related to children who witnessed a violent incident between intimate partners assists courts in identifying children in need of services as a result of such an incident. (4) Domestic violence cases involving spouses and other intimate partners often entail complex processes that require careful consideration by the criminal justice system. In the 1990s, many jurisdictions began to create specialized domestic violence courts for judges to ensure follow-through on cases, aid domestic violence victims, and hold offenders accountable, with the assistance of justice and social service agencies. By specializing in domestic violence offenses, these courts aim to process cases more efficiently and deliver more consistent rulings about domestic violence statutes. Some domestic violence courts also incorporate a stronger focus on rehabilitation of offenders and deterrence of repeat offenses. These courts can also be more sensitive to the needs of victims and be able to direct victims to additional community resources. (5) One-third of violent felony defendants in State criminal courts have been charged with domestic violence. (6) Teen dating violence cases are best handled by courts who have had the training to make informed decisions and have the resources to make services available, on-site and in the community, including-- (A) counseling; (B) victim witness services; (C) assistance with civil restraining orders, paternity determinations, custody and access orders, and child support orders; and (D) locating other assistance needed by teen victims. (7) There are more than 400,000 children in foster care in the United States. Congress has charged juvenile courts with oversight of child welfare cases. Highly trained and engaged judges focused on effective case oversight and system reform have been shown to save significant foster care costs for the States. (8) A 2009 study by the Department of Justice found that Kentucky saved $85,000,000 in one year through the issuance of protection orders and the reduction in violence resulting from the issuance of such orders. Examples such as this are prevalent across the Nation. (9) Children with a Court Appointed Special Advocate volunteer spend 7.5 months less in foster care, experience fewer out of home placements, and have significantly improved education performance, compared to their peers without a volunteer advocate. (10) By reducing long-term foster care placements, subsequent victimization, and reentry into the foster care system, the Court Appointed Special Advocate program substantially reduces child welfare costs. SEC. 2. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES AND VICTIMS IN THE JUSTICE SYSTEM. (a) In General.--Title III of division B of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 1509) is amended by striking the section preceding section 1302 (42 U.S.C. 10420), as amended by section 306 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 316), and inserting the following: ``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS. ``(a) In General.--The Attorney General may make grants to States, units of local government, courts (including juvenile courts), Indian tribal governments, nonprofit organizations, legal services providers, and victim services providers to improve the response of all aspects of the civil and criminal justice system to families and victims with a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse. ``(b) Use of Funds.--A grant under this section may be used to-- ``(1) provide supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking; ``(2) develop and promote State, local, and tribal legislation, policies, and best practices for improving civil and criminal court functions, responses, practices, and procedures in cases involving a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse, including cases in which the victim proceeds pro se; ``(3) educate court-based and court-related personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault (including child sexual abuse), and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se; ``(4) provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual assault (including child sexual abuse), and stalking and ensure necessary services dealing with the health and mental health of victims are available; ``(5) enable courts or court-based or court-related programs to develop or enhance-- ``(A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services); ``(B) community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim assistance programs, or community-based supplementary services); ``(C) offender management, monitoring, and accountability programs; ``(D) safe and confidential information-storage and information-sharing databases within and between court systems; ``(E) education and outreach programs to improve community access, including enhanced access for underserved populations; and ``(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; ``(6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to-- ``(A) victims of domestic violence, dating violence, sexual assault, or stalking; and ``(B) nonoffending parents in matters-- ``(i) that involve allegations of child sexual abuse; ``(ii) that relate to family matters, including civil protection orders, custody, and divorce; and ``(iii) in which the other parent is represented by counsel; ``(7) collect data and provide training and technical assistance, including developing State, local, and tribal model codes and policies, to improve the capacity of grantees and communities to address the civil and criminal justice needs of victims of domestic violence, dating violence, sexual assault, and stalking who have legal representation, who are proceeding pro se, or are proceeding with the assistance of a legal advocate; and ``(8) improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil, criminal, and juvenile justice systems. ``(c) Considerations.-- ``(1) In general.--In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider-- ``(A) the number of families and victims to be served by the proposed programs and services; ``(B) the extent to which the proposed programs and services serve underserved populations; ``(C) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community with demonstrated histories of effective work on domestic violence, dating violence, sexual assault, or stalking, including State or tribal domestic violence coalitions, State or tribal sexual assault coalitions, local shelters, and programs for domestic violence and sexual assault victims; and ``(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral. ``(2) Other grants.--In making grants under paragraph (8) of subsection (b), the Attorney General shall take consider the extent to which the applicant has experience providing training, education, or other assistance to the judicial system related to family violence, child custody, child abuse and neglect, adoption, foster care, supervised visitation, divorce, and parentage. ``(d) Applicant Requirements.--The Attorney General may make a grant under this section to an applicant that-- ``(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate; ``(2) ensures that any fees charged to individuals for use of supervised visitation programs and services are based on the income of those individuals, unless otherwise provided by court order; ``(3) for a court-based program, certifies that victims of domestic violence, dating violence, sexual assault, or stalking are not charged fees or any other costs related to the filing, petitioning, modifying, issuance, registration, enforcement, withdrawal, or dismissal of matters relating to the domestic violence, dating violence, sexual assault, or stalking; ``(4) demonstrates that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, and adequate standards are, or will be, in place (including the development of protocols or policies to ensure that confidential information is not shared with courts, law enforcement agencies, or child welfare agencies unless necessary to ensure the safety of any child or adult using the services of a program funded under this section), if the applicant proposes to operate supervised visitation programs and services or safe visitation exchange; ``(5) certifies that the organizational policies of the applicant do not require mediation or counseling involving offenders and victims being physically present in the same place, in cases where domestic violence, dating violence, sexual assault, or stalking is alleged; ``(6) certifies that any person providing legal assistance through a program funded under this section has completed or will complete training on domestic violence, dating violence, sexual assault, and stalking, including child sexual abuse, and related legal issues; and ``(7) certifies that any person providing custody evaluation or guardian ad litem services through a program funded under this section has completed or will complete training developed with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault, or stalking organization or coalition on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make recommendations on custody and visitation. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $22,000,000 for each of the fiscal years 2013 through 2017. Amounts appropriated pursuant to this subsection shall remain available until expended.''. SEC. 3. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM. Subtitle B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13011 et seq.) is amended-- (1) in section 216 (42 U.S.C. 13012), by striking ``January 1, 2010'' and inserting ``January 1, 2015''; (2) in section 217 (42 U.S.C. 13013)-- (A) in subparagraph (A) of subsection (c)(2), by striking ``Code of Ethics'' and inserting ``Standards for Programs''; and (B) by adding at the end the following: ``(e) Reporting by Grantees.--An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome performance measures (which shall be established by the Administrator) to determine the effectiveness of the programs of the organization in meeting the needs of children in the child welfare system.''; and (3) in subsection (a) of section 219 (42 U.S.C. 13014), by striking ``fiscal years 2007 through 2011'' and inserting ``the fiscal years 2013 through 2017''. SEC. 4. REAUTHORIZATION OF THE CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS. Subsection (a) of section 224 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024) is amended to read as follows: ``(a) Authorization.--There is authorized to be appropriated to carry out this subtitle $2,300,000 for each of the fiscal years 2013 through 2017.''.

Domestic Violence Judicial Support Act of 2012 - Amends the Victims of Trafficking and Violence Protection Act of 2000, as amended by the Violence Against Women and Department of Justice Reauthorization Act of 2005, to authorize the Attorney General to make grants to state and local governments, Indian tribal governments, courts and other specified providers for: (1) supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking; and (2) court-related and child protective services workers education on the dynamics of domestic violence, dating violence, sexual assault (including child sexual abuse), and stalking. Amends the Victims of Child Abuse Act of 1990 to: (1) ensure that by January 1, 2015, a court-appointed special advocate shall be available to every victim of child abuse or neglect in the United States that needs one; and (2) reauthorize through FY2017 the court-appointed special advocate program and the child abuse training programs for judicial personnel and practitioners.

To consolidate, improve, and reauthorize programs that support families and victims in the justice system affected by domestic violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Notification and Credit Restoration Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the privacy and financial security of individuals is increasingly at risk due to the ever more widespread collection of personal information by both the private and public sector; (2) credit card transactions, real estate records, consumer surveys, credit reports, and Internet websites are all sources of personal information and form the source material for identity thieves; (3) identity theft is one of the fastest growing crimes committed in the United States, and identity theft has become one of the major law enforcement challenges of the new economy, as vast quantities of sensitive personal information are now vulnerable to criminal interception and misuse; (4) criminals who steal personal information use the information to open fraudulent credit card accounts, write bad checks, buy products, and commit other financial crimes with assumed financial identities; (5) in 2002, more than 160,000 people notified the Federal Trade Commission that they had been victims of identity theft, more than 3 times the number reported in 2000; (6) identity theft is costly to consumers and to the United States marketplace; (7) victims of identity theft are often required to contact numerous Federal, State, and local law enforcement agencies, consumer credit reporting agencies, and creditors over many years, as each event of fraud arises; (8) the Government, financial institutions, financial service providers, and credit reporting agencies that handle sensitive personal information of consumers have a shared responsibility to protect the information from identity thieves, to assist identity theft victims, and to mitigate the harm that results from fraud perpetrated in the name of the victim; and (9) the private sector can better protect consumers by improving customer notification, implementing effective fraud alerts, affording greater consumer access to credit reports, and establishing other financial identity theft prevention measures. SEC. 3. TIMELY NOTIFICATION OF UNAUTHORIZED ACCESS TO PERSONAL INFORMATION. Subtitle B of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6821 et seq.) is amended-- (1) by redesignating sections 526 and 527 as sections 528 and 529, respectively; and (2) by inserting after section 525 the following: ``SEC. 526. NOTIFICATION TO CUSTOMERS OF UNAUTHORIZED ACCESS TO PERSONAL INFORMATION. ``(a) Definitions.--In this section-- ``(1) the term `breach'-- ``(A) means unauthorized acquisition of computerized data or paper records which compromises the security, confidentiality, or integrity of personal information maintained by or on behalf of a financial institution; and ``(B) does not include a good faith acquisition of personal information by an employee or agent of a financial institution for a business purpose of the institution, if the personal information is not subject to further unauthorized disclosure; and ``(2) with respect to a customer of a financial institution, the term `personal information' means the first name or first initial and last name of the customer, in combination with any one or more of the following data elements, when either the name or the data element is not encrypted: ``(A) A social security number. ``(B) A driver's license number or other officially recognized form of identification. ``(C) A credit card number, debit card number, or any required security code, access code, or password that would permit access to financial account information relating to that customer. ``(b) Notification Relating to Breach of Personal Information.-- ``(1) Financial institution requirement.--In any case in which there has been a breach of personal information at a financial institution, or such a breach is reasonably believed to have occurred, the financial institution shall promptly notify-- ``(A) each customer affected by the violation or suspected violation; ``(B) each consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a); and ``(C) appropriate law enforcement agencies, in any case in which the financial institution has reason to believe that the breach or suspected breach affects a large number of customers, including as described in subsection (e)(1)(C), subject to regulations of the Federal Trade Commission. ``(2) Other entities.--For purposes of paragraph (1), any person that maintains personal information for or on behalf of a financial institution shall promptly notify the financial institution of any case in which such customer information has been, or is reasonably believed to have been, breached. ``(c) Timing.--Notification required by this section shall be made-- ``(1) promptly and without unreasonable delay, upon discovery of the breach or suspected breach; and ``(2) consistent with-- ``(A) the legitimate needs of law enforcement, as provided in subsection (d); and ``(B) any measures necessary to determine the scope of the breach or restore the reasonable integrity of the information security system of the financial institution. ``(d) Delays for Law Enforcement Purposes.--Notification required by this section may be delayed if a law enforcement agency determines that the notification would impede a criminal investigation, and in any such case, notification shall be made promptly after the law enforcement agency determines that it would not compromise the investigation. ``(e) Form of Notice.--Notification required by this section may be provided-- ``(1) to a customer-- ``(A) in writing; ``(B) in electronic form, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001); ``(C) if the Federal Trade Commission determines that the number of all customers affected by, or the cost of providing notifications relating to, a single breach or suspected breach would make other forms of notification prohibitive, or in any case in which the financial institution certifies in writing to the Federal Trade Commission that it does not have sufficient customer contact information to comply with other forms of notification, in the form of-- ``(i) an e-mail notice, if the financial institution has access to an e-mail address for the affected customer that it has reason to believe is accurate; ``(ii) a conspicuous posting on the Internet website of the financial institution, if the financial institution maintains such a website; or ``(iii) notification through the media that a breach of personal information has occurred or is suspected that compromises the security, confidentiality, or integrity of customer information of the financial institution; or ``(D) in such other form as the Federal Trade Commission may by rule prescribe; and ``(2) to consumer reporting agencies and law enforcement agencies (where appropriate), in such form as the Federal Trade Commission may prescribe, by rule. ``(f) Content of Notification.--Each notification to a customer under subsection (b) shall include-- ``(1) a statement that-- ``(A) credit reporting agencies have been notified of the relevant breach or suspected breach; and ``(B) the credit report and file of the customer will contain a fraud alert to make creditors aware of the breach or suspected breach, and to inform creditors that the express authorization of the customer is required for any new issuance or extension of credit (in accordance with section 605(g) of the Fair Credit Reporting Act); and ``(2) such other information as the Federal Trade Commission determines is appropriate. ``(g) Compliance.--Notwithstanding subsection (e), a financial institution shall be deemed to be in compliance with this section if-- ``(1) the financial institution has established a comprehensive information security program that is consistent with the standards prescribed by the appropriate regulatory body under section 501(b); ``(2) the financial institution notifies affected customers and consumer reporting agencies in accordance with its own internal information security policies in the event of a breach or suspected breach of personal information; and ``(3) such internal security policies incorporate notification procedures that are consistent with the requirements of this section and the rules of the Federal Trade Commission under this section. ``(h) Civil Penalties.-- ``(1) Damages.--Any customer injured by a violation of this section may institute a civil action to recover damages arising from that violation. ``(2) Injunctions.--Actions of a financial institution in violation or potential violation of this section may be enjoined. ``(3) Cumulative effect.--The rights and remedies available under this section are in addition to any other rights and remedies available under applicable law. ``(i) Rules of Construction.-- ``(1) In general.--Compliance with this section by a financial institution shall not be construed to be a violation of any provision of subtitle (A), or any other provision of Federal or State law prohibiting the disclosure of financial information to third parties. ``(2) Limitation.--Except as specifically provided in this section, nothing in this section requires or authorizes a financial institution to disclose information that it is otherwise prohibited from disclosing under subtitle A or any other provision of Federal or State law. ``(3) No new recordkeeping obligation.--Nothing in this section creates an obligation on the part of a financial institution to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.''. SEC. 4. INCLUSION OF FRAUD ALERTS IN CONSUMER CREDIT REPORTS. Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(g) Fraud Alerts.-- ``(1) Defined term.--In this subsection, the term `fraud alert' means a clear and conspicuous statement in the file of a consumer that notifies all prospective users of the consumer credit report (or any portion thereof) relating to the consumer, that-- ``(A) the identity of the consumer may have been used, without the consent of the consumer, to fraudulently obtain goods or services in the name of the consumer; and ``(B) the consumer does not authorize the issuance or extension of credit in the name of the consumer, unless the issuer of such credit, upon receiving appropriate evidence of the true identity of the consumer-- ``(i) obtains express preauthorization from the consumer at a telephone number designated by the consumer; or ``(ii) utilizes another reasonable means of communication to obtain the express preauthorization of the consumer. ``(2) Inclusion of fraud alert in consumer file.-- ``(A) Upon notification by financial institution.-- A consumer reporting agency shall include a fraud alert meeting the requirements of this subsection in the file of a consumer promptly upon receipt of a notice from a financial institution under section 526(b)(1)(B) of the Gramm-Leach-Bliley Act relating to the consumer. ``(B) Upon request of consumer.--A consumer reporting agency shall include a fraud alert meeting the requirements of this subsection in the file of a consumer promptly upon receipt of-- ``(i) a request by the consumer; and ``(ii) appropriate evidence of-- ``(I) the true identity of the person making the request; and ``(II) the claim of identity theft forming the basis for the request. ``(3) Consumer reporting agency responsibilities.--A consumer reporting agency shall ensure that each person procuring consumer credit information with respect to a consumer is made aware of the existence of a fraud alert in the file of that consumer, regardless of whether a full credit report, credit score, or summary report is requested. ``(4) Removal of fraud alerts.--The Federal Trade Commission shall issue appropriate regulations to establish-- ``(A) the duration of fraud alerts required by this subsection, which standard shall be applied consistently to all consumer reporting agencies, to the extent possible; and ``(B) procedures for the removal of fraud alerts included in the files of consumers under this subsection. ``(5) Violations.-- ``(A) Consumer reporting agency.--A consumer reporting agency that fails to notify any user of a consumer credit report of the existence of a fraud alert in that report shall be in violation of this section. ``(B) User of a consumer report.--A user of a consumer report that fails to comply with preauthorization procedures contained in a fraud alert in the file of a consumer and issues or extends credit in the name of the consumer to a person other than the consumer shall be in violation of this subsection. ``(C) No adverse action based solely on fraud alert.--It shall be a violation of this title for the user of a consumer report to take adverse action with respect to a consumer based solely on the inclusion of a fraud alert in the file of that consumer, as required by this subsection.''. SEC. 5. ACCESS TO CREDIT REPORTS AND SCORES. (a) No Fee in Certain Cases.--Section 612(c) of the Fair Credit Reporting Act (15 U.S.C. 1681j(c)) is amended to read as follows: ``(c) No-Cost Access to Credit Reports and Scores.-- ``(1) In general.--Upon request of a consumer, and without charge to the consumer, a consumer reporting agency shall make all of the disclosures listed under section 609 to the consumer-- ``(A) once during each calendar year; and ``(B) once every 3 months during the 1-year period beginning on the date on which a fraud alert is included in the file of a consumer under section 605(g). ``(2) Fee authorized.--A credit reporting agency may charge a reasonable fee for the costs of disclosures under paragraph (1)(B) to the financial institution providing the notification that is the basis for the subject fraud alert, as required by section 526(b)(1)(B) of the Gramm-Leach-Bliley Act.''. (b) Inclusion of Credit Scores.--Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended by striking ``except that'' and all that follows through ``predictors'' and inserting ``, including any credit score''. SEC. 6. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission, after consultation with Federal banking agencies, the Securities and Exchange Commission, and other appropriate financial services regulatory agencies, shall issue final regulations to carry out the amendments made by this Act.

Identity Theft Notification and Credit Restoration Act of 2003 - Amends the Gramm-Leach-Bliley Act to require a financial institution to promptly notify the following entities whenever a breach of personal information has occurred at such institution: (1) each customer affected by such breach; (2) certain consumer reporting agencies; and (3) appropriate law enforcement agencies. Requires any person that maintains personal information for or on behalf of a financial institution to promptly notify the institution of any case in which such customer information has been breached. Prescribes notification procedures. Authorizes a customer injured by a violation of this Act to institute a civil action to recover damages. Amends the Fair Credit Reporting Act to require a consumer reporting agency to include a fraud alert in a consumer file: (1) upon notification by financial institution; and (2) upon consumer request. Requires a consumer reporting agency to ensure that each person procuring credit information with respect to a consumer is made aware of the existence of a fraud alert in the consumer's file, regardless of whether a full credit report, credit score, or summary report is requested. Mandates no-cost consumer access to credit reports and scores once during each calendar year and once every three months during the one-year period beginning on the date on which a fraud alert is included in the consumer file. Directs the Federal Trade Commission (FTC) to promulgate implementing regulations.

A bill to require financial institutions and financial services providers to notify customers of the unauthorized use of personal information, to amend the Fair Credit Reporting Act to require fraud alerts to be included in consumer credit files in such cases, and to provide customers with enhanced access to credit reports in such cases.