FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Tax Simplification Act (NETSA)''. SEC. 2. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON INTERSTATE COMMERCE. Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved on September 14, 1959 (15 U.S.C. 381 et seq.), is amended to read as follows: ``TITLE I--JURISDICTIONAL STANDARDS ``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON INTERSTATE COMMERCE. ``(a) In General.--No State shall have power to impose, for any taxable year ending after the date of enactment of this title, a business activity tax or a duty to collect and remit a sales or use tax on the income derived within such State by any person from interstate commerce, unless such person has a substantial physical presence in such State. A substantial physical presence is not established if the only business activities within such State by or on behalf of such person during such taxable year are any or all of the following: ``(1) The solicitation of orders or contracts by such person or such person's representative in such State for sales of tangible or intangible personal property or services, which orders or contracts are approved or rejected outside the State, and, if approved, are fulfilled by shipment or delivery of such property from a point outside the State or the performance of such services outside the State. ``(2) The solicitation of orders or contracts by such person or such person's representative in such State in the name of or for the benefit of a prospective customer of such person, if orders or contracts by such customer to such person to enable such customer to fill orders or contracts resulting from such solicitation are orders or contracts described in paragraph (1). ``(3) The presence or use of intangible personal property in such State, including patents, copyrights, trademarks, logos, securities, contracts, money, deposits, loans, electronic or digital signals, and web pages, whether or not subject to licenses, franchises, or other agreements. ``(4) The use of the Internet to create or maintain a World Wide Web site accessible by persons in such State. ``(5) The use of an Internet service provider, on-line service provider, internetwork communication service provider, or other Internet access service provider, or World Wide Web hosting services to maintain or take and process orders via a web page or site on a computer that is physically located in such State. ``(6) The use of any service provider for transmission of communications, whether by cable, satellite, radio, telecommunications, or other similar system. ``(7) The affiliation with a person located in the State, unless-- ``(A) the person located in the State is the person's agent under the terms and conditions of subsection (d); and ``(B) the activity of the agent in the State constitutes substantial physical presence under this subsection. ``(8) The use of an unaffiliated representative or independent contractor in such State for the purpose of performing warranty or repair services with respect to tangible or intangible personal property sold by a person located outside the State. ``(b) Domestic Corporations; Persons Domiciled in or Residents of a State.--The provisions of subsection (a) shall not apply to the imposition of a business activity tax or a duty to collect and remit a sales or use tax by any State with respect to-- ``(1) any corporation which is incorporated under the laws of such State; or ``(2) any individual who, under the laws of such State, is domiciled in, or a resident of, such State. ``(c) Sales or Solicitation of Orders or Contracts for Sales by Independent Contractors.--For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State during any taxable year merely by reason of sales of tangible or intangible personal property or services in such State, or the solicitation of orders or contracts for such sales in such State, on behalf of such person by one or more independent contractors, or by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making such sales, or soliciting orders or contracts for such sales. ``(d) Attribution of Activities and Presence.--For purposes of this section, the substantial physical presence of any person shall not be attributed to any other person absent the establishment of an agency relationship between such persons that-- ``(1) results from the consent by both persons that one person act on behalf and subject to the control of the other; and ``(2) relates to the activities of the person within the State. ``(e) Definitions.--For purposes of this title-- ``(1) Business activity tax.--The term `business activity tax' means a tax imposed on, or measured by, net income, a business license tax, a business and occupation tax, a franchise tax, a single business tax or a capital stock tax, or any similar tax or fee imposed by a State. ``(2) Independent contractor.--The term `independent contractor' means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders or contracts for the sale of, tangible or intangible personal property or services for more than one principal and who holds himself or herself out as such in the regular course of his or her business activities. ``(3) Internet.--The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such Protocol. ``(4) Internet access.--The term `Internet access' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as a part of a package of services offered to users. ``(5) Representative.--The term `representative' does not include an independent contractor. ``(6) Sales tax.--The term `sales tax' means a tax that is-- ``(A) imposed on or incident to the sale of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and ``(B) measured by the amount of the sales price, cost, charge, or other value of or for such property or services. ``(7) Solicitation of orders or contracts.--The term `solicitation of orders or contracts' includes activities normally ancillary to such solicitation. ``(8) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision thereof. ``(9) Use tax.--The term `use tax' means a tax that is-- ``(A) imposed on the purchase, storage, consumption, distribution, or other use of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and ``(B) measured by the purchase price of such property or services. ``(10) World wide web.--The term `World Wide Web' means a computer server-based file archive accessible, over the Internet, using a hypertext transfer protocol, file transfer protocol, or other similar protocols. ``(f) Application of Section.--This section shall not be construed to limit, in any way, constitutional restrictions otherwise existing on State taxing authority. ``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES. ``(a) Limitations.--No State shall have power to assess after the date of enactment of this title any business activity tax which was imposed by such State or political subdivision for any taxable year ending on or before such date, on the income derived for activities within such State that affect interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 101. ``(b) Collections.--The provisions of subsection (a) shall not be construed-- ``(1) to invalidate the collection on or before the date of enactment of this title of any business activity tax imposed for a taxable year ending on or before such date; or ``(2) to prohibit the collection after such date of any business activity tax which was assessed on or before such date for a taxable year ending on or before such date. ``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE. ``If a State has imposed a business activity tax or a duty to collect and remit a sales or use tax on a person as described in section 101, and the person so obligated no longer has a substantial physical presence in that State, the obligation to pay a business activity tax or to collect and remit a sales or use tax on behalf of that State applies only for the period in which the person has a substantial physical presence. ``SEC. 104. SEPARABILITY. ``If any provision of this title or the application of such provision to any person or circumstance is held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.''.

Prohibits a State from assessing any business activity tax which was imposed prior to this Act, if the imposition of such tax is prohibited, above. Terminates a person's obligation to pay State-imposed business activity, sales, or use tax if such person no longer has a substantial physical presence in that State.

New Economy Tax Simplification Act (NETSA)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Pay Comparability Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the underlying principles of the all-volunteer Armed Forces is the principle that military pay increases must remain comparable to private sector pay growth, as measured by the Employment Cost Index. (2) The capping of military pay raises below private sector pay growth for extended periods during the past 30 years has led to significant retention problems among second-term and career members of the Armed Forces. (3) Such retention problems cost the United States more in terms of lost military experience, decreased readiness, and increased training costs than maintaining the principle of pay comparability. (4) Since military pay was last deemed reasonably comparable with private sector pay in 1982, military pay raises have lagged a cumulative 6.4 percent behind private sector wage growth, although recent efforts of the President and Congress have reduced the gap significantly from its peak of 13.5 percent in 1999. (5) Under existing law, while military pay increases must exceed growth in the Employment Cost Index through fiscal year 2006, increases in subsequent years will be capped one-half percentage point below the Employment Cost Index, to the detriment of retention and readiness over the long term. (6) The remaining so-called pay comparability gap should be eliminated as quickly as possible, and military pay increases must sustain full comparability with increases in the Employment Cost Index. SEC. 3. ANNUAL ADJUSTMENTS IN MONTHLY BASIC PAY FOR MEMBERS OF THE UNIFORMED SERVICES. (a) Annual Adjustment Required.--Section 1009 of title 37, United States Code, is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Requirement for Annual Adjustment.--Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title shall be increased under this section. ``(b) Effectiveness of Adjustment.--An adjustment under this section shall have the force and effect of law. ``(c) Equal Percentage Increase for All Members.--(1) Subject to subsection (d), an adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of 1 percent) by which the Employment Cost Index for the base quarter of the year before the preceding year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year (if at all). ``(2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.''. (b) Publication of Adjusted Rates.--Subsection (e) of such section is amended-- (1) by striking ``(e) Notice of Allocations.--'' and inserting ``(e) Notification and Publication Requirements.-- (1)''; and (2) by adding at the end the following new paragraph: ``(2) The rates of basic pay that take effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.''. (c) Presidential Determination of Need for Alternative Pay Adjustment.--Such section is further amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): ``(g) Effect of National Emergency or Serious Economic Conditions.--(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President determines that the pay adjustment otherwise required by this section for a year is inappropriate, the President may prepare a plan proposing such alternative pay adjustments as the President considers appropriate. The President shall submit the plan, together with the reasons for the alternative pay adjustments, to Congress before March 1 of the preceding year. ``(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. ``(3) The President shall include in the plan submitted under paragraph (1) an assessment of the impact that the alternative pay adjustments proposed in the plan will have on the ability to recruit and retain well-qualified members of the uniformed services. (d) Definitions.--Such section, as amended by subsection (c), is further amended by adding at the end the following new subsection: ``(i) Definitions.--In this section: ``(1) The term `Employment Cost Index' means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics. ``(2) The term `base quarter' for any year is the three- month period ending on September 30 of such year.''. (e) Conforming Amendment.--Subsection (d)(2) of such section is amended by striking ``in the General Schedule rates of basic pay for civilian employees.'' and inserting ``in the rates of monthly basic pay under this section.''.

Military Pay Comparability Act of 2003 - Requires the monthly rates of basic military pay to be adjusted effective January 1 of each year. (Currently, such rates are adjusted whenever the General Schedule (GS) of Compensation for Federal employees is adjusted.)Requires equal annual pay percentage increases for all military personnel to be based on percentage increases in the Employment Cost Index (currently on GS adjustments). Increases percentage adjustments by one-half percent for FY 2004 through 2006.Requires new annual rates of pay to be published in the Federal Register and the Code of Federal Regulations.Authorizes the President, upon determining that annual pay adjustments would be inappropriate because of national emergency or serious economic conditions, to prepare and transmit to Congress a plan for an alternative pay adjustment. Requires the President to consider under such plan the impact that the alternative adjustment would have on the Government's ability to recruit and retain well-qualified members of the armed forces.

To amend title 37, United States Code, to ensure that military pay increases are comparable to private sector pay growth, as measured by the Employment Cost Index.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborn and Infant Hearing Screening and Intervention Act of 1999''. SEC. 2. EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND INFANTS WITH HEARING LOSS. (a) Definitions.--For the purposes of this Act only, the following terms in this section are defined as follows: (1) Hearing screening.--Newborn and infant hearing screening consists of objective physiologic procedures to detect possible hearing loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations. (2) Audiologic evaluation.--Audiologic evaluation consists of procedures to assess the status of the auditory system; to establish the site of the auditory disorder; the type and degree of hearing loss, and the potential effects of hearing loss on communication; and to identify appropriate treatment and referral options. Referral options should include linkage to state IDEA Part C coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent, and education organizations, and other family-centered services. (3) Medical evaluation.--Medical evaluation by a physician consists of key components including history, examination, and medical decision making focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing loss and related physical conditions, and for identifying appropriate treatment and referral options. (4) Medical intervention.--Medical intervention is the process by which a physician provides medical diagnosis and direction for medical and/or surgical treatment options of hearing loss and/or related medical disorder associated with hearing loss. (5) Audiologic rehabilitation.--Audiologic rehabilitation (intervention) consists of procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss. (6) Early intervention.--Early intervention (e.g., nonmedical) means providing appropriate services for the child with hearing loss and ensuring that families of the child are provided comprehensive, consumer-oriented information about the full range of family support, training, information services, communication options and are given the opportunity to consider the full range of educational and program placements and options for their child. (b) Purposes.--The purposes of this Act are to clarify the authority within the Public Health Service Act to authorize statewide newborn and infant hearing screening, evaluation and intervention programs and systems, technical assistance, a national applied research program, and interagency and private sector collaboration for policy development, in order to assist the States in making progress toward the following goals: (1) All babies born in hospitals in the United States and its territories should have a hearing screening before leaving the birthing facility. Babies born in other countries and residing in the United States via immigration or adoption should have a hearing screening as early as possible. (2) All babies who are not born in hospitals in the United States and its territories should have a hearing screening within the first 3 months of life. (3) Appropriate audiologic and medical evaluations should be conducted by 3 months for all newborns and infants suspected of having hearing loss to allow appropriate referral and provisions for audiologic rehabilitation, medical and early intervention before the age of 6 months. (4) All newborn and infant hearing screening programs and systems should include a component for audiologic rehabilitation, medical and early intervention options that ensures linkage to any new and existing state-wide systems of intervention and rehabilitative services for newborns and infants with hearing loss. (5) Public policy in regard to newborn and infant hearing screening and intervention should be based on applied research and the recognition that newborns, infants, toddlers, and children who are deaf or hard-of-hearing have unique language, learning, and communication needs, and should be the result of consultation with pertinent public and private sectors. (c) Statewide Newborn and Infant Hearing Screening, Evaluation and Intervention Programs and Systems.--Under the existing authority of the Public Health Service Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems for the following purposes: (1) To develop and monitor the efficacy of state-wide newborn and infant hearing screening, evaluation and intervention programs and systems. Early intervention includes referral to schools and agencies, including community, consumer, and parent-based agencies and organizations and other programs mandated by Part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique language and communication needs of deaf and hard of hearing newborns, infants, toddlers, and children. (2) To collect data on statewide newborn and infant hearing screening, evaluation and intervention programs and systems that can be used for applied research, program evaluation and policy development. (d) Technical Assistance, Data Management, and Applied Research.-- (1) Centers for disease control and prevention.--Under the existing authority of the Public Health Service Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation and intervention programs and systems. The program shall develop standardized procedures for data management and program effectiveness and costs, such as-- (A) to ensure quality monitoring of newborn and infant hearing loss screening, evaluation, and intervention programs and systems; (B) to provide technical assistance on data collection and management; (C) to study the costs and effectiveness of newborn and infant hearing screening, evaluation and intervention programs and systems conducted by State- based programs in order to answer issues of importance to state and national policymakers; (D) to identify the causes and risk factors for congenital hearing loss; (E) to study the effectiveness of newborn and infant hearing screening, audiologic and medical evaluations and intervention programs and systems by assessing the health, intellectual and social developmental, cognitive, and language status of these children at school age; and (F) to promote the sharing of data regarding early hearing loss with state-based birth defects and developmental disabilities monitoring programs for the purpose of identifying previously unknown causes of hearing loss. (2) National institutes of health.--Under the existing authority of the Public Health Service Act, the Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall for purposes of this section, continue a program of research and development on the efficacy of new screening techniques and technology, including clinical studies of screening methods, studies on efficacy of intervention, and related research. (e) Coordination and Collaboration.-- (1) In general.--Under the existing authority of the Public Health Service Act, in carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with other Federal agencies; State and local agencies, including those responsible for early intervention services pursuant to Title XIX of the Social Security Act (Medicaid Early and Periodic Screening, Diagnosis and Treatment Program); Title XXI of the Social Security Act (State Children's Health Insurance Program); Title V of the Social Security Act (Maternal and Child Health Block Grant Program; and Part C of the Individuals with Disabilities Education Act); consumer groups of and that serve individuals who are deaf and hard-of-hearing and their families; appropriate national medical and other health and education specialty organizations; persons who are deaf and hard-of-hearing and their families; other qualified professional personnel who are proficient in deaf or hard-of-hearing children's language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard-of-hearing newborns, infants, toddlers, children, and their families; third-party payers and managed care organizations; and related commercial industries. (2) Policy development.--Under the existing authority of the Public Health Service Act, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and state levels and with the private sector, including consumer, medical and other health and education professional- based organizations, with respect to newborn and infant hearing screening, evaluation and intervention programs and systems. (3) State early detection, diagnosis, and intervention programs and systems; data collection.--Under the existing authority of the Public Health Service Act, the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish newborn and infant hearing screening, evaluation and intervention programs and systems under subsection (c) and to develop a data collection system under subsection (d). (f) Rule of Construction.--Nothing in this Act shall be construed to preempt any State law. (g) Authorization of Appropriations.-- (1) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems.--For the purpose of carrying out subsection (c) under the existing authority of the Public Health Service Act, there are authorized to the Health Resources and Services Administration appropriations in the amount of $5,000,000 for fiscal year 2000, $8,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal year 2002. (2) Technical assistance, data management, and applied research; centers for disease control and prevention.--For the purpose of carrying out subsection (d)(1) under the existing authority of the Public Health Service Act, there are authorized to the Centers for Disease Control and Prevention, appropriations in the amount of $5,000,000 for fiscal year 2000, $7,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal year 2002. (3) Technical assistance, data management, and applied research; national institute on deafness and other communication disorders.--For the purpose of carrying out subsection (d)(2) under the existing authority of the Public Health Service Act, there are authorized to the National Institute on Deafness and Other Communication Disorders appropriations for such sums as may be necessary for each of the fiscal years 2000 through 2002.

Newborn and Infant Hearing Screening and Intervention Act of 1999 - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations.

Newborn and Infant Hearing Screening and Intervention Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Fishermen Safety and Tax Fairness Act of 2000''. SEC. 2. INCOME AVERAGING FOR FISHERMEN. (a) Allowing Income Averaging for Fishermen.--Subsection (a) of section 1301 of the Internal Revenue Code of 1986 (relating to averaging of farm income) is amended by striking ``farming business'' and inserting ``farming business or fishing business''. (b) Definition of Elected Farm Income.-- (1) In general.--Clause (i) of section 1301(b)(1)(A) of such Code is amended by inserting ``or fishing business'' before the semicolon. (2) Conforming amendment.--Subparagraph (B) of section 1301(b)(1) of such Code is amended by inserting ``or fishing business'' after ``farming business'' both places it occurs. (c) Definition of Fishing Business.--Section 1301(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Fishing business.--The term `fishing business' means the conduct of commercial fishing as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).''. SEC. 3. CREDIT FOR PURCHASE OF FISHING SAFETY EQUIPMENT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. FISHING SAFETY EQUIPMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the fishing safety equipment credit determined under this section for the taxable year is 75 percent of the amount of qualified fishing safety equipment expenses paid or incurred by the taxpayer during the taxable year. ``(b) Limitation on Maximum Credit.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed $1,500. ``(c) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means a taxpayer engaged in a fishing business (as defined in section 1301(b)(4)). ``(d) Qualified Fishing Safety Equipment Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified fishing safety equipment expenses' means an amount paid or incurred for fishing safety equipment for use by the taxpayer in connection with a fishing business. ``(2) Fishing safety equipment.--The term `fishing safety equipment' means lifesaving equipment required to be carried by a vessel under section 4502 of title 46, United States Code. ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(2) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of subsection (a). ``(f) Denial of Double Benefit.--No deduction shall be allowed under this chapter (other than a credit under this section) for any amount taken into account in determining the credit under this section. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to any equipment, the basis of such equipment shall be reduced by the amount of the credit so allowed.''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(9) No carryback of fishing safety equipment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the fishing safety equipment credit determined under section 45D may be carried to a taxable year ending before the date of the enactment of section 45D.''. (c) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the fishing safety equipment credit determined under section 45D(a).''. (2) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following new paragraph: ``(28) in the case of equipment with respect to which a credit was allowed under section 45D, to the extent provided in section 45D(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 inserting after the item relating to section 45C the following new item: ``Sec. 45D. Fishing safety equipment credit.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 2000.

Allows commercial fishermen a fishing safety equipment credit.

Commercial Fishermen Safety and Tax Fairness Act of 2000

SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Health Care Cost Integrity and Fairness Act of 2004''. (b) Constitutional Authority to Enact This Legislation.--The constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, set forth in article I, section 8 of the United States Constitution. SEC. 2. REFUNDABLE AND ADVANCEABLE CREDIT FOR HEALTH INSURANCE COSTS. (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 redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. ``(B) Monthly limitation.--The monthly limitation for any month is the amount equal to \1/12\ of the lesser of-- ``(i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or ``(ii) $3,000. ``(2) Employer subsidized coverage.--Subsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence. ``(c) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care if-- ``(A) such insurance meets the requirements of section 223(c)(2)(A)(ii), ``(B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under-- ``(i) qualified health insurance (determined without regard to this subparagraph), or ``(ii) a program described in-- ``(I) title XVIII or XIX of the Social Security Act, ``(II) chapter 55 of title 10, United States Code, ``(III) chapter 17 of title 38, United States Code, ``(IV) chapter 89 of title 5, United States Code, or ``(V) the Indian Health Care Improvement Act, and ``(C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of-- ``(i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or ``(ii) 1 year. ``(2) Exclusion of certain plans.--Such term does not include-- ``(A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), ``(B) insurance under a program described in paragraph (1)(B)(ii). ``(3) Transition rule for 2004.--In the case of applications made during 2004, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant. ``(d) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Married couples must file joint return.-- ``(A) In general.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(B) Marital status; certain married individuals living apart.--Rules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. ``(4) Verification of coverage, etc.--No credit shall be allowed under this section to any individual unless such individual's coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. ``(5) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for months beginning in such taxable year. ``(6) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.''. (b) Advance Payment of Credit.--Chapter 77 of such Code (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS. ``(a) General Rule.--The Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals. ``(b) Limitation on Advance Payments During Any Taxable Year.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof).''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (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 striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Health insurance costs. ``Sec. 37. Overpayments of tax.''. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7528. Advance payment of credit for health insurance costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Health Care Cost Integrity and Fairness Act of 2004 - Amends the Internal Revenue Code to allow a limited (up to $3,000 annually) advanceable tax credit for amounts paid for qualified health insurance for coverage of the taxpayer, his spouse, and dependents.

To amend the Internal Revenue Code of 1986 to allow individuals a refundable and advancable credit against income tax for health insurance costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Disaster Recovery Act of 2016''. SEC. 2. STATE INDIVIDUAL ASSISTANCE PROGRAMS. Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 327. STATE INDIVIDUAL ASSISTANCE PROGRAMS. ``(a) Incentive for Individual Assistance Programs.--A State may receive an increased Federal share for financial assistance under subsection (c) if the State develops and implements an individual assistance program that authorizes the State government to provide financial assistance, and if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster or an event that does not trigger a major disaster declaration, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses through other means. ``(b) Eligibility Criteria.-- ``(1) In general.--The Administrator of the Federal Emergency Management Agency shall publish minimum eligibility criteria for a State individual assistance program established under subsection (a) that receives an increased Federal share for financial assistance under subsection (c). ``(2) Considerations.--In formulating the minimum eligibility criteria required under paragraph (1), the Administrator of the Federal Emergency Management Agency shall consider-- ``(A) the total taxable resources of the individual State or other measure of fiscal capacity, as appropriate; ``(B) the variation of total taxable resources, or other measures of fiscal capacity, among the individual State; and ``(C) the historical frequency of declarations made pursuant to sections 401 and 501. ``(3) Publication deadline.--The Administrator of the Federal Emergency Management Agency shall publish-- ``(A) interim minimum eligibility criteria required under paragraph (1) not later than 180 days after the date of enactment of this section; and ``(B) final minimum eligibility criteria required under paragraph (1) not later than 1 year after the date of enactment of this section. ``(c) Increased Federal Share for Financial Assistance to Individuals and Households.--If, at the time of the declaration of a major disaster, a State has in effect an individual assistance program that meets the criteria published under subsection (b), the President may increase to 100 percent, with respect to the major disaster, the maximum percentage described in section 408(g)(2)(A).''. SEC. 3. COMMUNITY SHELTER ASSISTANCE PROGRAM. (a) In General.--Title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.) is amended-- (1) by striking section 322 and inserting the following: ``SEC. 322. AUTHORIZATION OF APPROPRIATIONS. ``(a) Emergency Food and Shelter Grants.--There is authorized to be appropriated to carry out subtitle B $180,000,000 for fiscal year 2017. ``(b) Disaster Supplemental Food and Shelter Grants.--There is authorized to be appropriated to carry out subtitle D $180,000,000 for fiscal year 2017.''; and (2) by adding at the end the following: ``Subtitle D--Disaster Supplemental Food and Shelter Grants ``SEC. 331. GRANTS BY THE ADMINISTRATOR. ``Not later than 30 days after the date on which amounts become available to carry out this subtitle, the Administrator of the Federal Emergency Management Agency (referred to in this subtitle as the `Administrator') shall award a grant for the full amount that Congress makes available for the program under this subtitle to the National Board for the purpose of providing disaster supplemental food and shelter grants to needy individuals through private nonprofit organizations and local governments in accordance with section 333. ``SEC. 332. RETENTION OF INTEREST EARNED. ``(a) In General.--Interest accrued on the balance of any grant to the National Board under this subtitle shall be available to the National Board for reallocation. ``(b) Determination of Costs.--Total administrative costs shall be determined based on the total amount of funds available, including interest and any private contributions that are made to the National Board. ``SEC. 333. PURPOSES OF GRANTS. ``(a) Eligible Activities.--Grants to the National Board under this subtitle may be used-- ``(1) to supplement and expand ongoing efforts to provide shelter, food, and supportive services for any area for which the President declares a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); ``(2) to strengthen efforts to create more effective and innovative local disaster response programs by providing funding for those programs; and ``(3) to conduct minimum rehabilitation of existing mass shelter facilities, but only to the extent necessary to make facilities safe, sanitary, and bring facilities into compliance with local building codes. ``(b) Limitations on Activities.-- ``(1) Eligible programs.--The National Board may only provide funding provided under this subtitle for programs that are-- ``(A) carried out by private nonprofit organizations and local governments; ``(B) consistent with the purposes of this title; and ``(C) administered within an area for which-- ``(i) the President declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during the 12- month period immediately preceding the grant; and ``(ii) assistance has not been provided with respect to the major disaster under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174). ``(2) National board.--The National Board may not carry out programs directly. ``SEC. 334. LIMITATION ON CERTAIN COSTS. ``Not more than 10 percent of the total amount made available for the program under this subtitle for each fiscal year may be expended for the costs of administration. ``SEC. 335. DISBURSEMENT OF FUNDS. ``Any amount made available by appropriation Acts under this subtitle unobligated by the National Board before the expiration of the 12-month period beginning on the date on which the amount becomes available shall be transferred to the general fund of the Treasury.''. (b) Technical and Conforming Amendment.--The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended by inserting after the item relating to section 322 the following: ``Subtitle D--Disaster and Supplemental Food Shelter Grants ``Sec. 331. Grants by the Administrator. ``Sec. 332. Retention of interest earned. ``Sec. 333. Purposes of grants. ``Sec. 334. Limitation on certain costs. ``Sec. 335. Disbursement of funds.''. SEC. 4. EMERGENCY CONSERVATION PROGRAM. (a) Maximum Payments Per Person or Legal Entity.--The Secretary of Agriculture, acting through the Administrator of the Farm Service Agency, shall amend the regulations promulgated pursuant to section 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) relating to the emergency conservation program to provide that the maximum amount of payments made under section 401 or 402 of that Act (16 U.S.C. 2201, 2202) per person or legal entity per natural disaster is $500,000. (b) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Farm Service Agency, shall initiate a rulemaking to amend the regulations promulgated pursuant to section 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) relating to the emergency conservation program to account for the challenges posed by the increase in frequency and intensity of wildland fire. SEC. 5. EMERGENCY WATERSHED PROTECTION PROGRAM WILDFIRE PILOT. (a) Findings.--Congress finds that additional consideration of how the Federal Government supports and expedites the recovery of rural areas affected by wildfires is necessary because wildfires-- (1) pose unique mitigation, management, response, and recovery challenges due to the unpredictable size, location, and duration of wildfires; and (2)(A) disproportionately impact rural areas; and (B) inflict long-term damage on the agricultural systems rural areas economically rely on. (b) Definitions.--In this section: (1) Eligible jurisdiction.--The term ``eligible jurisdiction'' means a jurisdiction within an area for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for wildfire. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service. (c) Pilot Program.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program for the administration of the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) in eligible jurisdictions to extend deadlines for the submission of applications and the provision of amounts under the program in accordance with subsection (d). (d) Extension of Deadlines.-- (1) Applications.--During the period described in subsection (f), a sponsor may apply for amounts under the emergency watershed protection program for a project within an eligible jurisdiction by submitting a request to the State conservationist for the State in which the eligible jurisdiction is located not later than-- (A) 180 days after the date on which the President declared the major disaster for wildfire; (B) 60 days after the date on which access to site of the project becomes available, as determined by the Secretary; or (C) 60 days after the date of 100-percent containment of a wildfire for which a major disaster declaration is issued. (2) Awards.-- (A) In general.--During the period described in subsection (f), except as provided in subparagraph (B), not later than 360 days after the date on which the Secretary commits amounts to the applicable State conservationist for the provision of amounts under the emergency watershed protection program for a project within an eligible jurisdiction-- (i) the State conservationist shall provide the amounts to the sponsor of the project; and (ii) the project shall be completed. (B) Emergency situations.--During the period described in subsection (f), in an emergency situation (as determined by the Secretary), not later than 10 days after the date on which the Secretary commits amounts to the applicable State conservationist for the provision of amounts under the emergency watershed protection program for a project within an eligible jurisdiction, the project shall be completed. (e) Reports to Congress.-- (1) In general.--Not later than 1 year after the date on which the pilot program is established under subsection (c), and once the following year, the Secretary shall prepare a report describing-- (A) the number of applications submitted for a project under the pilot program during the 60-day period beginning on the date on which the pilot program is established; (B) the number of applications described in subparagraph (A) that were approved; (C) the average time of construction of projects for which applications described in subparagraph (B) were submitted; and (D) such other information as the Secretary considers appropriate. (2) Submission.--The Secretary shall submit each report under paragraph (1) to each of the following: (A) In the Senate: (i) The Committee on Agriculture, Nutrition, and Forestry. (ii) The Committee on Homeland Security and Governmental Affairs. (iii) The Committee on Appropriations. (B) In the House of Representatives: (i) The Committee on Agriculture. (ii) The Committee on Homeland Security. (iii) The Committee on Appropriations. (f) Duration.--The pilot program established under subsection (c) shall be carried out during the 2-year period beginning on the date on which the pilot program is established. SEC. 6. EXPANDED ELIGIBILITY FOR HAZARD MITIGATION ASSISTANCE. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(f) Expanded Eligibility.--Notwithstanding any other provision of this section or section 420, the President may provide hazard mitigation assistance in accordance with this section in any area in which assistance is provided under section 420.''.

Rural Disaster Recovery Act of 2016 This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if a state has in effect an individual assistance program that meets specified criteria, to increase to 100%, with respect to a major disaster, the federal share of financial assistance provided to individuals and households in that state to address needs other than housing. To receive such increased federal share, the state must develop and implement such a program that authorizes the state to provide financial assistance and necessary direct services to individuals who, as a direct result of a major disaster or an event that does not trigger a major disaster declaration, have necessary expenses and serious needs they are unable to meet otherwise. The Federal Emergency Management Agency (FEMA) shall publish minimum eligibility criteria for such a program. The bill amends the McKinney-Vento Homeless Assistance Act to: (1) authorize appropriations for emergency food and shelter grants, and for disaster supplemental food and shelter grants, for FY2017; and (2) require FEMA to award a grant for the full amount that Congress makes available for the Federal Emergency Management Food and Shelter Program to the Emergency Food and Shelter Program National Board for the purpose of providing disaster supplemental food and shelter grants to needy individuals through private nonprofit organizations and local governments. Eligibility requirements for such grants are specified. The Farm Service Agency shall: (1) amend the regulations promulgated pursuant to the Agricultural Credit Act of 1978 relating to the emergency conservation program to limit the maximum amount of payments made per person or legal entity per natural disaster for carrying out wind erosion control or rehabilitation measures or for carrying out water conservation or water enhancing measures to $500,000, and (2) initiate a rule making to amend the regulations promulgated to carry out the emergency conservation program to account for the challenges posed by the increase in frequency and intensity of wildland fires. The Natural Resources Conservation Service shall establish a two-year pilot program for the administration of the emergency watershed protection program in jurisdictions within areas for which the President declared a major disaster to extend deadlines, as specified, for submitting applications and the provision of amounts under the program. The President may provide hazard mitigation assistance in any area in which fire management assistance is provided.

Rural Disaster Recovery Act of 2016

SECTION 1. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT. This Act shall be known as the ``Cowlitz Indian Tribe Distribution of Judgment Funds Act''. SEC. 2. DEFINITIONS. For the purpose of this Act-- (1) The term ``current judgment fund'' means the funds awarded by the Indian Claims Commission Docket No. 218 and all interest accrued thereon as of the date of the enactment of this Act. (2) The term ``initial interest'' means the interest on the funds awarded by the Indian Claims Commission Docket No. 218 during the time period from one year before the date of the enactment of this Act through the date of the enactment of this Act. (3) The term ``principal'' means the funds awarded by the Indian Claims Commission Docket No. 218 and all interest accrued thereon as of one year before the date of the enactment of this Act. (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``tribe'' means the Cowlitz Indian Tribe of Washington, which was extended Federal acknowledgment by the United States Department of the Interior on December 31, 2001, pursuant to part 83 of title 25, Code of Federal Regulations. (6) The term ``tribal member'' means an individual who is an enrolled member of the Cowlitz Indian Tribe pursuant to tribal enrollment procedures and requirements. (7) The term ``tribe's governing body'' means the Cowlitz Tribal Council, which is the tribe's governing body under the tribe's Constitution. (8) The term ``tribal elder'' means any tribal member who was 62 years of age or older as of February 14, 2000. SEC. 3. JUDGMENT DISTRIBUTION PLAN. Notwithstanding the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401, et seq.), or any plan prepared or promulgated by the Secretary pursuant to that Act, the judgment funds awarded in Indian Claims Commission Docket No. 218 and interest accrued thereon as of the date of the enactment of this Act shall be distributed and used in accordance with this Act. SEC. 4. DISTRIBUTION AND USE OF FUNDS. (a) Principal Preserved After Elderly Assistance and Tribal Administration Payments.--(1) Except as provided in subsection (b), the principal shall not be distributed under this Act. Only the interest earned on the undistributed principal may be used to fund such programs. There will be no distribution of any funds other than as specified in this Act. (2) The Secretary shall-- (A) maintain undistributed current judgment funds in an interest-bearing account in trust for the tribe; and (B) disburse principal or interest in accordance with this Act not later than 30 days after receipt by the Northwest Regional Director, Bureau of Indian Affairs, of a request by the tribe's governing body for such disbursement of funds. (b) Elderly Assistance Program.--(1) From the current judgment fund, the Secretary shall set aside 20 percent for an elderly assistance payment. The Secretary shall provide one elderly assistance payment to each enrolled tribal elder not later than 30 days after all of the following have occurred: (A) The tribe's governing body has compiled and reviewed for accuracy a list of all enrolled tribal members that are both a minimum of one-sixteenth Cowlitz blood and 62 years of age or older as of February 14, 2000. (B) The Secretary has verified the blood quantum and age of the tribal members identified on the list prepared pursuant to subparagraph (A). (C) The tribe's governing body has made a request for disbursement of judgment funds for the elderly assistance payment. (2) If a tribal elder eligible for an elderly assistance payment dies before receiving payment under this subsection, the money which would have been paid to that individual shall be added to and distributed in accordance with the emergency assistance program under subsection (c). (3) The Secretary shall pay all costs of distribution under this subsection out of the amount set aside under paragraph (1). (c) Emergency Assistance Program.--From the principal, the Secretary shall set aside 10 percent for the Emergency Assistance Program. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be distributed annually in a lump sum to the tribe's governing body and will be used to provide emergency assistance for tribal members. 10 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (d) Education, Vocational, and Cultural Training Program.--From the principal, the Secretary shall set aside 10 percent for an Education, Vocational and Cultural Training Program. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be distributed annually in a lump sum to the tribe's governing body and will be used to provide scholarships to tribal members pursuing educational advancement, including cultural and vocational training. 10 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (e) Housing Assistance Program.--From the principal, the Secretary shall set aside 5 percent for the Housing Assistance Program. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and may be added to any existing tribal housing improvements programs to supplement them or it may be used in a separate Housing Assistance Program to be established by the tribe's governing body. 5 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (f) Economic Development, Tribal, and Cultural Centers.--From the principal, the Secretary shall set aside 21.5 percent for economic development and, if other funding is not available or not adequate (as determined by the tribe), for the construction and maintenance of tribal and cultural centers. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and shall be used for the following, with 21.5 percent of the initial interest available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act: (1) Property acquisition for business or other activities which are likely to benefit the tribe economically or provide employment for tribal members. (2) Business development for the tribe, including collateralization of loans for the purchase or operation of businesses, matching funds for economic development grants, joint venture partnerships, and other similar ventures, which are likely to produce profits for the tribe. All business loans shall pay principal and interest back to the Economic Development program for reinvestments and business profits shall go to the tribe's general fund for uses to be determined by the tribe's governing body. (3) Design, construction, maintenance, and operation of tribal and cultural centers. (g) Natural Resources.--From the principal, the Secretary shall set aside 7.5 percent for natural resources. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and may be added to any existing tribal natural resource program to enhance the tribe's use and enjoyment of existing and renewable natural resources within the tribe's lands. 7.5 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (h) Cultural Resources.--From the principal, the Secretary shall set aside 4 percent for cultural resources. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be distributed annually in a lump sum to the tribe's governing body and shall be used to maintain artifacts, collect documents, archive, and identify cultural sites of tribal significance. 4 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (i) Health.--From the principal, the Secretary shall set aside 21 percent for health. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and shall be used for the health needs of the tribe. 21 percent of the initial interest shall be available upon the date of the enactment of this Act tofund the program for the first year after the date of the enactment of this Act. (j) Tribal Administration Program.--From the principal, the Secretary shall set aside 21 percent for tribal administration. 21 percent of the initial interest and such of the principal sum set aside for this program as required to fund the first year of this program at $150,000, the sum of $150,000 shall be immediately disbursed to the tribe for the purposes of funding tribal administration for the first year after the date of the enactment of this Act. Beginning the second year after the date of the enactment of this Act, interest earned on the remaining principal set aside under this subsection shall be disbursed annually in a lump sum to the tribe's governing body for operating costs of the tribe's governing body, including travel, telephone, cultural, and other expenses incurred in the conduct of the tribe's affairs, and legal fees as approved by the tribe's governing body. (k) General Conditions.--The following conditions will apply to the management and use of all funds available under this Act by the tribe's governing body: (1) No amount greater than 10 percent of the interest earned on the principal designated for any program under this Act may be used for the administrative costs of any of that program, except those programs operated pursuant to subsections (i) and (j). (2) No service area is implied or imposed under any program under this Act. If the costs of administering any program under this Act for the benefit of tribal members living outside the tribe's Indian Health Service area are greater than 10 percent of the interest earned on the principal designated for that program, the tribe's governing body may authorize the expenditure of such funds for that program. (3) Before any expenditures, the tribe's governing body must approve all programs and shall publish in a publication of general circulation regulations which provide standards and priorities for programs established in this Act. (4) Section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407) shall apply to funds available under this Act. (5) Any tribal member who feels he or she has been unfairly denied the right to take part in any program under this Act may appeal to the tribal secretary. The tribal secretary shall bring the appeal to the tribe's governing body for resolution. The resolution shall be made in a timely manner and the tribal secretary at that time shall respond to the tribal member. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Cowlitz Indian Tribe Distribution of Judgment Funds Act - Creates a plan under which the Secretary of the Interior shall distribute the judgment funds and certain accrued interest awarded to the Cowlitz Indian Tribe of Washington by the Indian Claims Commission Docket No. 218 (ICCD). Prohibits the distribution of principal (funds awarded by ICCD and all accrued interest as of one year before enactment of this Act) under this Act, except as provided by this Act. Requires the Secretary to: (1) maintain undistributed current judgment funds (funds awarded by ICCD and all accrued interest as of the enactment of this Act) in an interest bearing account in trust for the tribe; and (2) disburse principal or interest in accordance with this Act within 30 days after receipt by the Northwest Regional Director, Bureau of Indian Affairs, or a request by the tribe's governing body for such disbursement. Requires the Secretary to set aside 20 percent of the current judgment fund for a tribal elderly assistance program to provide one elderly assistance payment to each enrolled tribal elder within 30 days after: (1) the tribe's governing body has compiled and reviewed for accuracy a list of all enrolled tribal members that are both a minimum of one-sixteenth Cowlitz blood and 62 years of age or older as of February 14, 2000; (2) the Secretary has verified the blood quantum and age of the tribal member; and (3) the tribe's governing body has made a request for such disbursement. Provides that if a tribal elder eligible for the payment dies before receiving it, the payment shall be added to and distributed in accordance with the emergency assistance program under this Act. Requires the Secretary to set aside specified percentages of the principal and after a two year period in some circumstances, disburse the interest earned on it for tribal: (1) emergency assistance; (2) education and vocational and cultural training; (3) housing assistance; (4) economic development and construction and maintenance of tribal and cultural centers; (5) natural resources; (6) cultural resources; (7) health; and (8) administration. Prescribes general conditions for the management and use of all available funds by the tribe's governing body.

To provide for the distribution of judgment funds to the Cowlitz Indian Tribe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Diabetes Clinical Care Commission Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention report that nearly 26,000,000 Americans have diabetes in addition to an estimated 79,000,000 American adults that have pre-diabetes, an increase of 2,000,000 Americans with diabetes and 22,000,000 American adults with pre-diabetes since 2008. (2) Diabetes affects 8.3 percent of Americans of all ages and 11.3 percent of adults age 20 and older. Individuals of racial and ethnic minorities continue to have higher rates of diabetes than individuals not of such minorities, as demonstrated by the following: 16.1 percent of all adult American Indians and Alaskan Natives have diabetes; 12.6 percent of all adult African-Americans have diabetes; 11.8 percent of all adult Hispanics have diabetes; and 8.4 percent of all adult Asian-Americans have diabetes, while 7.1 percent of all non-Hispanic Whites have diabetes. (3) Diabetes is the seventh leading cause of death in the United States. (4) People with diabetes are more likely than people without diabetes to have heart attacks, strokes, high blood pressure, kidney failure, blindness, and require amputations. (5) Total national costs associated with diabetes in 2007 exceeded $174,000,000,000, according to the Centers for Disease Control and Prevention. (6) One in three Medicare dollars is currently spent on people with diabetes. (7) The Centers for Disease Control and Prevention projects that as many as 1 in 3 American adults could have diabetes by 2050 if current trends continue. (8) There are 35 Federal departments, agencies, and offices involved in the implementation of Federal diabetes activities. SEC. 3. ESTABLISHMENT OF THE NATIONAL DIABETES CLINICAL CARE COMMISSION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-6. NATIONAL DIABETES CLINICAL CARE COMMISSION. ``(a) Establishment.--There is hereby established within the Department of Health and Human Services the National Diabetes Clinical Care Commission (in this section referred to as the `Commission') to evaluate and make recommendations regarding better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate clinical care (such as any interactions between physicians and other health care providers and their patients with pre- diabetes and diabetes where care is rendered for the management of their pre-diabetes or diabetes or its complications) for people with pre-diabetes and diabetes. ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of the following voting members: ``(A) The heads (or their designees) of the following Federal agencies and departments that conduct programs that could impact the clinical care of people with pre-diabetes and diabetes: ``(i) The Centers for Medicare and Medicaid Services. ``(ii) The Agency for Healthcare Research and Quality. ``(iii) The Centers for Disease Control and Prevention. ``(iv) The Indian Health Service. ``(v) The Department of Veterans Affairs. ``(vi) The National Institutes of Health. ``(vii) The Food and Drug Administration. ``(viii) The Health Resources and Services Administration. ``(ix) The Department of Defense. ``(x) Other governmental or nongovernmental agency heads, at the discretion of the agency, that impact clinical care of individuals with pre-diabetes and diabetes. ``(B) Twelve additional voting members appointed under paragraph (2). ``(2) Additional members.--The Commission shall include additional voting members appointed by the Comptroller General of the United States, in consultation with national medical societies and patient advocate organizations with expertise in diabetes and the care of patients with diabetes, including one or more from each of the following categories: ``(A) Clinical endocrinologists. ``(B) Physician specialties (other than as described in subparagraph (A)) that play a role in diabetes care or their complications. ``(C) Primary care physicians. ``(D) Non-physician health care professionals, such as certified diabetes educators, clinical dieticians, nurses, nurse practitioners, and physician assistants. ``(E) Patient advocates. ``(F) National experts in the duties listed under subsection (c). ``(3) Chairperson.--The voting members of the Commission shall select a chairperson from the members described in paragraph (2)(A). ``(4) Meetings.--The Commission shall meet at least twice, and not more than 4 times, a year. ``(5) Board terms.--Members of the Commission, including the chairperson, shall serve for a 3-year term. A vacancy on the Commission shall be filled in the same manner as the original appointments. ``(c) Duties.--The Commission shall-- ``(1) evaluate programs of the Department of Health and Human Services regarding the utilization of diabetes screening benefits, annual wellness visits, and other preventive health benefits that may reduce the risk of diabetes and its complications, addressing any existing problems regarding such utilization and related data collection mechanisms; ``(2) identify current activities and critical gaps in Federal efforts to support clinicians in providing integrated, high quality care to people with pre-diabetes and diabetes; ``(3) make recommendations regarding the coordination of clinically based activities that are being supported by the Federal Government; ``(4) make recommendations regarding the development and coordination of federally funded clinical practice support tools for physicians and other health care professionals in caring for and managing the care of people with pre-diabetes and diabetes; ``(5) evaluate programs in existence as of the date of the enactment of this section and determine if such programs are meeting the needs identified in paragraph (2) and, if such programs are determined to not be meeting such needs, recommend programs that would be more appropriate; ``(6) recommend how an outcomes-based registry may be developed and then used to evaluate various care models and methods and the impact of such models and methods on diabetes management as measured by appropriate care parameters (such as A1C, blood pressure, and cholesterol levels); ``(7) evaluate and expand education and awareness to physicians and other health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes; ``(8) review and recommend appropriate methods for outreach and dissemination of educational resources that regard diabetes prevention and treatments, are funded by the Federal Government, and are intended for health care professionals and the public; and ``(9) include other activities, such as those relating to the areas of public health and nutrition, that the Commission deems appropriate. ``(d) Operating Plan.-- ``(1) Initial plan.--Not later than 90 days after its first meeting, the Commission shall submit to the Secretary and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include-- ``(A) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); ``(B) a plan for completing the activities; ``(C) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; ``(D) an explanation of Federal agency involvement and coordination needed to conduct such activities; ``(E) a budget for conducting such activities; ``(F) a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for the purposes of overseeing their implementation; and ``(G) other information that the Commission deems appropriate. ``(2) Updates.--The Commission shall periodically update the operating plan under paragraph (1) and submit such updates to the Secretary and the Congress. ``(e) Final Report and Sunset of the Commission.--By not later than 3 years after the date of the Commission's first meeting, the Commission shall submit to the Secretary and the Congress a report containing all of the findings and recommendations of the Commission. Not later than 120 days after the submission of the final report, the Secretary shall review the evaluation required under subsection (d)(1)(F) to determine the continuation of the Commission. ``(f) Authorization of Appropriations.--Appropriations are authorized to be made available to the Commission for each of fiscal years 2013, 2014 and 2015, from amounts otherwise made available to the Department of Health and Human Services for such fiscal years, to carry out this section.''.

National Diabetes Clinical Care Commission Act - Establishes within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and make recommendations regarding better coordination and leveraging of federal programs that relate in any way to supporting appropriate clinical care for people with pre-diabetes and diabetes. Sets forth the duties of the Commission, which shall include: (1) evaluating HHS programs, (2) identifying current activities and critical gaps in federal efforts to support clinicians in providing care to people with pre-diabetes and diabetes, (3) recommending how an outcomes-based registry may be developed and then used to evaluate various care models and methods, (4) evaluating and expanding education and awareness to health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes, and (5) reviewing and recommending appropriate methods for outreach and dissemination of educational resources related to diabetes prevention and treatments. Requires the Commission to submit to the Secretary and Congress an operating plan for carrying out the activities of the Commission that may include specific activities the Commission plans to conduct, a plan for completing the activities, a budget for such activities, and a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for purposes of overseeing their implementation.

A bill to amend the Public Health Service Act to foster more effective implementation and coordination of clinical care for people with pre-diabetes and diabetes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient and Physician Safety and Protection Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal government, through its Medicare program, pays approximately $8 billion per year solely to train resident-physicians in the United States, and as a result, has an interest in assuring the safety of patients treated by resident-physicians and the safety of resident-physicians themselves. (2) Resident-physicians spend a significant amount of their time performing activities not related to the educational mission of training competent physicians. (3) The excessive numbers of hours worked by resident- physicians is inherently dangerous for patient care and for the lives of resident-physicians. (4) The scientific literature has consistently demonstrated that the sleep deprivation of the magnitude seen in residency training programs leads to cognitive impairment. (5) A substantial body of research indicates that excessive hours worked by resident-physicians lead to higher rates of medical error, motor vehicle accidents, depression and pregnancy complications. (6) The medical community has not adequately addressed the issue of excessive resident-physician work hours. (7) Different medical specialty training programs have different patient care considerations but the effects of sleep deprivation on resident-physicians does not change between specialties. (8) The Federal government has regulated the work hours of other industries when the safety of employees or the public is at risk. SEC. 3. REVISION OF MEDICARE HOSPITAL CONDITIONS OF PARTICIPATION REGARDING WORKING HOURS OF RESIDENTS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (R); (B) by striking the period at the end of subparagraph (S) and inserting ``; and''; and (C) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital that uses the services of physician residents or postgraduate trainees, to meet the requirements of subsection (j).''; and (2) by adding at the end the following new subsection: ``(j)(1)(A) In order that the working conditions and working hours of physicians and postgraduate trainees promote the provision of quality medical care in hospitals, as a condition of participation under this title each hospital shall establish the following limits on working hours for certain members of the medical staff and postgraduate trainees: ``(i) Subject to subparagraph (C), postgraduate trainees may work no more than a total of 80 hours per week and 24 hours per shift. ``(ii) Subject to subparagraph (C), postgraduate trainees-- ``(I) shall have at least 10 hours between scheduled shifts; ``(II) shall have at least 1 full day out of every 7 days off and one full weekend off per month; ``(III) who are assigned to patient care responsibilities in an emergency department shall work no more than 12 continuous hours in that department; and ``(IV) shall not be scheduled to be on call in the hospital more often than every third night. ``(B) The Secretary shall promulgate such regulations as may be necessary to ensure quality of care is maintained during the transfer of direct patient care from one postgraduate trainee to another at the end of each such 24 hour period referred to in subparagraph (A) and shall take into account cases of individual patient emergencies. ``(C) The work hour limitations under subparagraph (A) and requirements of subparagraph (B) shall not apply to a hospital during a state of emergency declared by the Secretary that applies with respect to that hospital. ``(2) The Secretary shall promulgate such regulations as may be necessary to monitor and supervise postgraduate trainees assigned patient care responsibilities as part of an approved medical training program, as well as to assure quality patient care. ``(3) Each hospital shall inform postgraduate trainees of-- ``(A) their rights under this subsection, including methods to enforce such rights (including so-called whistle-blower protections); and ``(B) the effects of their acute and chronic sleep deprivation both on themselves and on their patients. ``(4) For purposes of this subsection, the term `postgraduate trainee' includes a postgraduate intern, resident, or fellow.''. (b) Designation.-- (1) In general.--The Secretary of Health and Human Services shall designate an individual within the Department of Health and Human Services to handle all complaints of violations that arise from residents who report that their programs are in violation of the requirements of section 1866(j) of the Social Security Act (as added by subsection (a)). (2) Grievance rights.--A post graduate trainee or physician resident may file a complaint with the Secretary of Health and Human Services concerning a violation of such requirements. Such a complaint may be filed anonymously. The Secretary may conduct an investigation and take such corrective action with respect to such a violation. (3) Civil money penalty enforcement.--Any hospital that violates such requirement is subject to a civil money penalty not to exceed $100,000 for each resident training program in any 6-month period. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to civil money penalties under this paragraph in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (4) Disclosure of violations and annual reports.--The individual designated under paragraph (1) shall-- (A) provide for annual anonymous surveys of postgraduate trainees to determine compliance with such requirements and for the disclosure of the results of such surveys to the public on a residency-program specific basis; (B) based on such surveys, conduct appropriate on- site investigations; (C) provide for disclosure to the public of violations and compliance, on a hospital and residence- program specific basis, of such requirements; and (D) make an annual report to Congress on the compliance of hospitals with such requirements, including providing a list of hospitals found to be in violation of such requirements. (c) Whistleblower Protections.-- (1) In general.-- A hospital covered by the requirements of section 1866(j)(1) of the Social Security Act (as inserted by subsection (a)) shall not penalize, discriminate, or retaliate in any manner against an employee with respect to compensation, terms, conditions or privileges of employment, who in good faith (as defined in paragraph (2)), individually or in conjunction with another person or persons-- (A) reports a violation or suspected violation of such requirements to a public regulatory agency, a private accreditation body, or management personnel of the hospital; (B) initiates, cooperates or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by such requirements; (C) informs or discusses with other employees, with a representative of the employees, with patients or patient representatives, or with the public, violations or suspected violations of such requirements; or (D) otherwise avails himself or herself of the rights set forth in such section or this subsection. (2) Good faith defined.--For purposes of this subsection, an employee is deemed to act ``in good faith'' if the employee reasonably believes-- (A) that the information reported or disclosed is true; and (B) that a violation has occurred or may occur. (d) Effective Date.--The amendments made by subsection (a) shall take effect on the first July 1 that begins at least 1 year after the date of the enactment of this Act. SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS. There are hereby appropriated to the Secretary of Health and Human Services such amounts as may be required to provide for additional payments to hospitals for their reasonable additional, incremental costs incurred in order to comply with the requirements imposed by this Act (and the amendments made by this Act).

Patient and Physician Safety and Protection Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require a participating hospital that uses the services of physician residents or postgraduate trainees to limit their working hours to specified schedules.

To amend title XVIII of the Social Security Act to reduce the work hours and increase the supervision of resident-physicians to ensure the safety of patients and resident-physicians themselves.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yellowstone Protection Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) the superlative natural and scenic resources of the Yellowstone area led Congress in 1872 to establish Yellowstone National Park as the world's first national park; (2) a 20.5 mile segment of the Clarks Fork of the Yellowstone River was designated in 1990 as a component of the National Wild and Scenic Rivers system, the only such designation within the State of Wyoming, in order to preserve and enhance the natural, scenic, and recreational resources of such segment; (3) the Absaroka-Beartooth National Wilderness Area was designated in 1978 to protect the wilderness and ecological values of certain lands north and east of Yellowstone National Park; (4) in recognition of its natural resource values and international significance, Yellowstone National Park was designated a World Heritage Site in 1978; (5) past and ongoing mining practices have degraded the resource values of Henderson Mountain and adjacent lands upstream of Yellowstone National Park, the Absaroka-Beartooth National Wilderness Area and the Clarks Fork of the Yellowstone National Wild and Scenic River, and acid mine pollution and heavy metal contamination caused by such practices have polluted the headwater sources of Soda Butte Creek and the Lamar River, the Clarks Fork of the Yellowstone River and the Stillwater River; (6) on September 1, 1995 approximately 19,100 acres of Federal land upstream of Yellowstone National Park, the Clarks Fork of the Yellowstone National Wild and Scenic River and the Absaroka-Beartooth National Wilderness Area were segregated from entry under the general mining laws for a two-year period, in order to protect the watersheds within the drainages of the Clarks Fork of the Yellowstone River, Soda Butte Creek and the Stillwater River and to protect the water quality and fresh water fishery resources within Yellowstone National Park; (7) because of proposed mineral development upstream of Yellowstone National Park, and other reasons, the World Heritage Committee added Yellowstone National Park to the ``List of World Heritage in Danger'' in December, 1995; and (8) proposed mining activities in the area present a clear and present danger to the resource values of the area as well as those of Yellowstone National Park, the Clarks Fork of the Yellowstone National Wild and Scenic River and the Absaroka- Beartooth National Wilderness Area, and it is, therefore, in the public interest to protect these lands and rivers from such mining activities. SEC. 3. PURPOSE. The purpose of the Act is to make permanent the present temporary segregation of lands upstream of Yellowstone National Park, Absaroka- Beartooth National Wilderness Area and the Clarks Fork of the Yellowstone National Wild and Scenic River from entry under the general mining laws, restrict the use of certain Federal lands, and to provide assurance that the exercise of valid existing mineral rights does not threaten the water quality, fisheries and other resource values of this area. SEC. 4. AREA INCLUDED. The area affected by this Act shall be comprised of approximately 24,000 acres of lands and interests in lands within the Gallatin and Custer National Forests as generally depicted on the map entitled ``Yellowstone Protection Act of 1996''. The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, Washington, D.C. SEC. 5. MINERALS AND MINING. (a) Withdrawal.--After enactment of this Act, and subject to valid existing rights, the lands segregated from entry under the general mining laws pursuant to the order contained on page 45732 of the Federal Register (September 1, 1995) shall not be-- (1) open to location of mining claims under the general mining laws of the United States; (2) available for leasing under the mineral leasing and geothermal leasing laws of the United States; and (3) available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Material Act of 1947 (30 U.S.C. 601 et seq.). (b) Limitation on Patent Issuance.--Subject to valid existing rights, no patents under the general mining laws shall be issued for any claim located in the area described in section 4. (c) Prohibition.--(1) Subject to valid existing rights, no Federal lands within the area described in section 4 may be used in connection with any mining related activity, except for reclamation. (2) Subject to valid existing rights, no Federal department or agency shall assist by loan, grant, license, or otherwise in the development or construction of cyanide heap- or vat-leach facilities, dams, or other impoundment structures for the storage of mine tailings, work camps, powerplants, electrical transmission lines, gravel or rock borrow pits or mills within the area described in section 4. However, nothing in this section shall limit reclamation. (d) Reclamation.--Any mining or mining related activities occurring in the area described in section 4 shall be subject to operation and reclamation requirements established by the Secretary of Agriculture, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practical to their premining condition. (e) Mining Claim Validity Reviews.--The Secretary of the Interior, in consultation with the Secretary of Agriculture, shall complete within three years of the date of enactment of this Act, a review of the validity of all claims under the general mining laws within the area described in section 4. If a claim is determined to be invalid, the claim shall be immediately declared null and void. (f) Plans of Operation.--(1) The Secretary of Agriculture shall not approve a plan of operation for mining activities within the area described in section 4 that threatens to pollute groundwater or surface water flowing into Yellowstone National Park, the Clarks Fork of the Yellowstone National Wild and Scenic River or the Absaroka-Beartooth National Wilderness Area. (2) Prior to granting an order approving a plan of operations for mining activities within the area described in section 4, the Secretary of Agriculture shall transmit the proposed plan of operation to the Secretary of the Interior and the Administrator of the Environmental Protection Agency, and the Governors of Montana and Wyoming. (3) Within 90 days of the date on which the proposed plan of operations is submitted for their review, the Secretary of the Interior and the Administrator of the Environmental Protection Agency shall either: (i) certify that the proposed plan of operation does not threaten to pollute groundwater or surface water flowing into Yellowstone National Park, the Clarks Fork of the Yellowstone National Wild and Scenic River or the Absaroka-Beartooth National Wilderness Area, or (ii) make recommendations for any actions or conditions that would be necessary to obtain their certification that the proposed plan of operation will not threaten such pollution. (4) The Secretary of Agriculture shall not approve a plan of operation unless: (i) the Secretary of the Interior and the Administrator of the Environmental Protection Agency provide the certification under subsection (f)(3) of this section, or (ii) the plan of operation is modified to adopt the recommendations made by them, and (iii) any comments submitted by the Governors of Montana and Wyoming are taken into account. (5) The Secretary of Agriculture shall not approve a plan of operation for any mining activities within the area described in section 4 that requires the perpetual treatment of acid mine pollution of surface or groundwater resources. (6) Prior to executing a final approval of the plan of operation, the Secretary of Agriculture shall transmit the proposed final plan to the President and Congress. The President and Congress shall have 6 months from the date of submittal to consider and review the final plan of operation, before the Secretary of Agriculture may execute any final approval of such plan.

Yellowstone Protection Act of 1996 - Provides that specified lands located upstream of Yellowstone National Park, Absaroka-Beartooth National Wilderness Area, and the Clarks Fork of the Yellowstone National Wild and Scenic River within the Gallatin and Custer National Forests in Montana (the Area) that are segregated from entry under the general mining laws pursuant to executive order shall not be: (1) open to location of mining claims under U.S. general mining laws; (2) available for leasing under U.S. mineral and geothermal leasing laws; and (3) available for disposal of mineral materials under the Materials Act of 1947. Prohibits: (1) patents under the general mining laws from being issued for claims located in the Area; (2) Federal lands within such Area from being used in connection with mining related activities, except for reclamation; or (3) Federal departments or agencies from assisting in the development or construction of impoundment structures for the storage of mine tailings, work camps, powerplants, electrical transmission lines, gravel or rock borrow pits or mills within the Area. Provides that nothing in this Act shall limit reclamation. Subjects any mining or mining related activities occurring in the Area to operation and reclamation requirements established by the Secretary of Agriculture. Requires the Secretary of the Interior to review mining claims within the Area and to declare invalid claims null and void. Prohibits the Secretary of Agriculture from approving a plan for mining operation activities within the Area that: (1) threaten to pollute groundwater or surface water; or (2) require the perpetual treatment of acid mine pollution of surface or groundwater resources. Sets forth plan approval procedures.

Yellowstone Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biomass Thermal Utilization Act of 2017'' or the ``BTU Act of 2017''. SEC. 2. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES. (a) Allowance of Credit.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``, and''; and (3) by adding at the end the following new paragraph: ``(6) 30 percent of the qualified biomass fuel property expenditures made by the taxpayer during such year.''. (b) Qualified Biomass Fuel Property Expenditures.--Subsection (d) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Qualified biomass fuel property expenditure.-- ``(A) In general.--The term `qualified biomass fuel property expenditure' means an expenditure for property-- ``(i) which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and ``(ii) which has a thermal efficiency rating of at least 75 percent (measured by the higher heating value of the fuel). ``(B) Biomass fuel.--For purposes of this section, the term `biomass fuel' means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants (including aquatic plants), grasses, residues, and fibers. Such term includes densified biomass fuels such as wood pellets.''. (c) Application of Termination Date.--Subsection (h) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``and qualified solar water heating property expenditures'' and inserting ``, qualified solar water heating property expenditures, and qualified biomass fuel property expenditures''. (d) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2016. SEC. 3. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended-- (1) at the end of clause (vi) by striking ``or''; (2) at the end of clause (vii) by inserting ``or''; and (3) by inserting after clause (vii) the following new clause: ``(viii) open-loop biomass (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces that operate at thermal output efficiencies of not less than 65 percent (measured by the higher heating value of the fuel) and that provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat,''. (b) 30-Percent and 15-Percent Credits.-- (1) Energy percentage.-- (A) In general.--Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) except as provided in clause (i)(V), 15 percent in the case of energy property described in paragraph (3)(A)(viii), but only with respect to property the construction of which begins before January 1, 2022, and''. (B) Conforming amendment.--Clause (iii) of section 48(a)(2)(A) of such Code, as so redesignated, is amended by inserting ``or (ii)'' after ``clause (i)''. (2) Increased credit for greater efficiency.--Clause (i) of section 48(a)(2)(A) 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) energy property described in paragraph (3)(A)(viii) which operates at a thermal output efficiency of not less than 80 percent (measured by the higher heating value of the fuel), but only with respect to property the construction of which begins before January 1, 2022,''. (c) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2016, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Biomass Thermal Utilization Act of 2017 or the BTU Act of 2017 This bill amends the Internal Revenue Code to include 30% of qualified biomass fuel property expenditures for property placed in service before 2022 in the residential energy efficient property tax credit. A "qualified biomass fuel property expenditure" is an expenditure for property which uses the burning of biomass fuel (a plant-derived fuel available on a renewable or recurring basis) to heat a dwelling used as a residence, or to heat water for use in such dwelling, and which has a thermal efficiency rating of at least 75%. The bill also allows: (1) a 15% energy tax credit until 2022 for investment in open-loop biomass heating property, including boilers or furnaces that operate at thermal output efficiencies of at least 65% and provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat; and (2) a 30% credit until 2022 for investment in such property that operates at a thermal output efficiency of at least 80%.

Biomass Thermal Utilization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Choice and Reproductive Health Protection Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) reproductive rights are central to the ability of women to exercise full enjoyment of rights secured to women by Federal and State law; (2) abortion has been a legal and constitutionally protected medical procedure throughout the United States since 1973 and has become part of mainstream medical practice as is evidenced by the positions of medical institutions including the American Medical Association, the American College of Obstetricians and Gynecologists, and the American Medical Women's Association; (3) the availability of abortion services is diminishing throughout the United States, as evidenced by-- (A) the fact that 84 percent of counties in the United States have no abortion provider; and (B) the fact that between 1982 and 1992 the number of abortion providers decreased in 45 States; and (4) at a minimum, Congress must retain the following policies, which currently preserve the choice and reproductive health of women: (A) Funding through the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) for abortion services for victims of rape or incest. (B) Protection from clinic violence. (C) Full implementation of contraceptive and infertility research programs. (D) Authorization of family planning programs. (E) the prohibition of any gag rule on information pertaining to reproductive medical services. (F) The evaluation of the drug called Mifepristone or RU-486. (G) The establishment of breast cancer, cervical cancer, and chlamydia screening programs in all 50 States. (H) The fundamental right to choose, as stated in the Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973). (I) Fairness in insurance. (J) The ability of military personnel overseas to purchase abortion services at military facilities with private funds. SEC. 3. SENSE OF CONGRESS WITH RESPECT TO CERTAIN REPRODUCTIVE HEALTH ISSUES. (a) Rape and Incest Victim Protection.--It is the sense of Congress that current provisions of law (in effect as of October 1, 1993) requiring Federal and State governments to provide funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for assistance through the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) are essential to the health and well-being of the women and must not be repealed. (b) Clinic Violence.--It is the sense of Congress that-- (1) Federal resources are necessary to ensure that women have safe access to reproductive health facilities and that health professionals can deliver services in a secure environment free from violence and threats of force; and (2) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers. (c) Preventive Health Measures Regarding Breast and Cervical Cancer.--It is the sense of Congress that the program of grants under title XV of the Public Health Service Act should receive a level of funding that is adequate for all States to receive grants under such title. (d) Programs Regarding Contraception and Infertility.-- (1) Research centers.--It is the sense of Congress that the program of research centers under section 452A of the Public Health Service Act should receive a level of funding that is adequate for a reasonable number of research centers to be operated under the program. (2) Loan repayment program regarding conduct of research.-- It is the sense of Congress that the program of loan-repayment contracts under section 487B of the Public Health Service Act should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program. SEC. 4. FAMILY PLANNING AMENDMENTS. Section 1001(d) of the Public Health Service Act (42 U.S.C. 300(d)) is amended to read as follows: ``(d) For the purpose of grants and contracts under this section, there are authorized to be appropriated $220,000,000 for fiscal year 1996, $250,000,000 for fiscal year 1997, and such sums as may be necessary for each of fiscal years 1998 through 2000.''. SEC. 5. FREEDOM OF FULL DISCLOSURE. Title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.) is amended by adding at the end the following: ``SEC. 1107. INFORMATION ABOUT AVAILABILITY OF REPRODUCTIVE HEALTH CARE SERVICES. ``(a) In General.--Notwithstanding any other provision of law, no governmental authority shall, in or through any program or activity that is administered or assisted by such authority and that provides health care services or information, limit the right of any person to provide, or the right of any person to receive, nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services. ``(b) Definition.--As used in this section the term `governmental authority' means any authority of the United States.''. SEC. 6. FAIRNESS IN EVALUATION OF RU-486. The Secretary of Health and Human Services shall-- (1) assure that the Food and Drug Administration evaluates the drug called Mifepristone or RU-486 only on the basis provided by law; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing in the United States of the drug or other antiprogestins. SEC. 7. FREEDOM OF CHOICE. (a) Findings.--Congress finds the following: (1) The 1973 Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) established constitutionally based limits on the power of States to restrict the right of a woman to choose to terminate a pregnancy. Under the strict scrutiny standard enunciated in the Roe v. Wade decision, States were required to demonstrate that laws restricting the right of a woman to choose to terminate a pregnancy were the least restrictive means available to achieve a compelling State interest. Since 1989, the Supreme Court has no longer applied the strict scrutiny standard in reviewing challenges to the constitutionality of State laws restricting such rights. (2) As a result of the recent modification by the Supreme Court of the strict scrutiny standard enunciated in the Roe v. Wade decision, certain States have restricted the right of women to choose to terminate a pregnancy or to utilize some forms of contraception, and the restrictions operate cumulatively to-- (A)(i) increase the number of illegal or medically less safe abortions, often resulting in physical impairment, loss of reproductive capacity, or death to the women involved; (ii) burden interstate and international commerce by forcing women to travel from States in which legal barriers render contraception or abortion unavailable or unsafe to other States or foreign nations; (iii) interfere with freedom of travel between and among the various States; (iv) burden the medical and economic resources of States that continue to provide women with access to safe and legal abortion; and (v) interfere with the ability of medical professionals to provide health services; (B) obstruct access to and use of contraceptive and other medical techniques that are part of interstate and international commerce; (C) discriminate between women who are able to afford interstate and international travel and women who are not, a disproportionate number of whom belong to racial or ethnic minorities; and (D) infringe on the ability of women to exercise full enjoyment of rights secured to the women by Federal and State law, both statutory and constitutional. (3) Although Congress may not by legislation create constitutional rights, Congress may, where authorized by the enumerated powers of Congress and not prohibited by a constitutional provision, enact legislation to create and secure statutory rights in areas of legitimate national concern. (4) Congress has the affirmative power under section 8 of article I of the Constitution and under section 5 of the 14th amendment to the Constitution to enact legislation to prohibit State interference with interstate commerce, liberty, or equal protection of the laws. (b) Purpose.--The purpose of this section is to establish, as a statutory matter, limitations on the power of a State to restrict the freedom of a woman to terminate a pregnancy in order to achieve the same limitations as were provided, as a constitutional matter, under the strict scrutiny standard of review enunciated in the Roe v. Wade decision and applied in subsequent cases from 1973 through 1988. (c) In General.--A State-- (1) may not restrict the freedom of a woman to choose whether or not to terminate a pregnancy before fetal viability; (2) may restrict the freedom of a woman to choose whether or not to terminate a pregnancy after fetal viability unless such a termination is necessary to preserve the life or health of the woman; and (3) may impose requirements on the performance of abortion procedures if such requirements are medically necessary to protect the health of women undergoing such procedures. (d) Rules of Construction.--Nothing in this section shall be construed to-- (1) prevent a State from protecting unwilling individuals or private health care institutions from being required to participate in the performance of abortions to which the individuals or institutions are conscientiously opposed; (2) prevent a State from declining to pay for the performance of abortions; or (3) prevent a State from requiring a minor to involve a parent, guardian, or other responsible adult before terminating a pregnancy. (e) Definition.--As used in this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States. SEC. 8. FAIRNESS IN INSURANCE. Notwithstanding any other provision of law, no Federal law shall be construed to prohibit a provider of health insurance from offering coverage for the full range of reproductive health care services, including abortion services. SEC. 9. ABORTIONS IN FACILITIES OF THE UNIFORMED SERVICES NOT PROHIBITED IF NOT FEDERALLY FUNDED. Section 1093 of title 10, United States Code, is amended-- (1) by inserting ``(a) Limitation.--'' before ``Funds''; and (2) by adding at the end the following: ``(b) Abortions in Facilities Overseas.--Subsection (a) does not limit the performing of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States if-- ``(1) the cost of performing the abortion is fully paid from a source or sources other than funds available to the Department of Defense; ``(2) abortions are not prohibited by the laws of the jurisdiction where the facility is located; and ``(3) the abortion would otherwise be permitted under the laws applicable to the provision of health care to members and former members of the uniformed services and their dependents in such facility.''.

Women's Choice and Reproductive Health Protection Act of 1995 - Expresses the sense of the Congress that: (1) current provisions of law requiring funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for medical assistance through the Medicaid program are essential to their health; (2) Federal resources are necessary to ensure that women have safe access to reproductive health facilities and that health professionals can deliver services in a secure environment free from threats of force; (3) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers; (4) the program of grants under title XV of the Public Health Service Act (PHSA) should receive a level of funding that is adequate for all States to receive grants under such title; (5) the program of research centers under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program; and (6) the program of loan-repayment contracts under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program. Amends the PHSA to authorize appropriations for FY 1996 through 2000 for population research and family planning programs. Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services. Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services. Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited provided specific requirements are met.

Women's Choice and Reproductive Health Protection Act of 1995

SECTION 1. SHORT TITLES. This Act may be cited as the ``Sustaining our Most Advanced Researchers and Technology Jobs Act of 2012'' or the ``SMART Jobs Act''. SEC. 2. DEFINITION OF STEM FIELD. Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after paragraph (36) the following new paragraph: ``(36A) The term `STEM field' means a field of study or occupation included on the most recent STEM-designated Degree Program List published by the Department of Homeland Security referred to in section 214.2(f)(11)(C)(2) of title 8, Code of Federal Regulations (or similar successor regulation).''. SEC. 3. VISAS FOR GRADUATE STUDENTS IN MATHEMATICS, ENGINEERING, TECHNOLOGY, OR THE PHYSICAL SCIENCES. (a) New STEM Nonimmigrant Visa Category.--Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended-- (1) in clause (i)-- (A) by inserting ``(except for a graduate program described in clause (iv))'' after ``full course of study''; (B) by striking ``214(l)'' and inserting ``214(m)''; and (C) by striking the comma at the end and inserting a semicolon; (2) in clause (ii)-- (A) by inserting ``or clause (iv)'' after ``clause (i)''; and (B) by striking ``, and'' and inserting a semicolon; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in a STEM field at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) for the purpose of obtaining an advanced degree;''. (b) Requirements for Obtaining an F-4 Visa.--Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended-- (1) by striking the matter preceding paragraph (1) and inserting the following: ``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students.--''; and (2) by adding at the end the following: ``(3)(A) An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(iv) shall demonstrate an intent to-- ``(i) return to the country of residence of such alien immediately after the completion or termination of the graduate program qualifying such alien for such status; or ``(ii) obtain employment in the United States in a STEM field and become a permanent resident of the United States upon the completion of the graduate program, which was the basis for such nonimmigrant status. ``(B) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid-- ``(i) during the intended period of study in a graduate program described in such section; ``(ii) for an additional period, not to exceed 1 year beyond the completion of the graduate program, if the alien is actively pursuing an offer of employment in a STEM field; and ``(iii) for an additional period, not to exceed 6 months, while the alien's application for adjustment of status under section 245(i)(4) is pending. ``(C) An alien shall qualify for adjustment of status to that of a person admitted for permanent residence if the alien-- ``(i) has the status of a nonimmigrant under section 101(a)(15)(F)(iv); ``(ii) has successfully earned an advanced degree in a STEM field at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and ``(iii) is employed full-time in the United States in a position in a STEM field.''. (c) Adjustment of Status.--Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 1255(i)) is amended by adding at the end the following: ``(4) The Secretary of Homeland Security may adjust the status of an alien who meets the requirements under section 214(m)(3) to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) makes an application for such adjustment; ``(B) is eligible to receive an immigrant visa; ``(C) is admissible to the United States for permanent residence; and ``(D) remits a fee in an amount to be determined by the Secretary.''. (d) Use of Fees.-- (1) Job training; scholarships.--Section 286(s)(1) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of the fees collected under section 245(i)(4)'' before the period at the end. (2) Fraud prevention and detection.--Section 286(v)(1) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of the fees collected under section 245(i)(4)'' before the period at the end. SEC. 4. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS. (a) In General.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who have earned an advanced degree in a STEM field and have been working in a STEM field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).''. (b) Applicability.--The amendments made by subsection (a) shall apply to any visa application-- (1) pending on the date of the enactment of this Act; or (2) filed on or after such date of enactment. SEC. 5. ANNUAL REPORT ON STEM NONIMMIGRANT VISAS. (a) Requirement for Report.--The Secretary of Homeland Security shall submit to Congress an annual report on the nonimmigrant visas granted pursuant to clause (iv) of section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), as added by section 3(a). (b) Content.--Each report required by subsection (a) shall include the following: (1) The number of nonimmigrant visas granted during the previous year pursuant to clause (iv) of section 101(a)(15)(F) of the Immigration and Nationality Act, as added by section 3(a). (2) The countries of origin of the aliens granted nonimmigrant visas pursuant to such clause (iv). (3) The number of degrees granted to such aliens and the fields of such degrees. (4) A description of the employers of such aliens.

Sustaining our Most Advanced Researchers and Technology Jobs Act of 2012 or the SMART Jobs Act - Amends the Immigration and Nationality Act to establish an F-4 nonimmigrant visa for an alien who has been accepted and plans to attend an accredited graduate program for a degree in a STEM field (science, technology, engineering, mathematics) at an institution of higher education in the United States. Requires an F-4 alien to demonstrate an intent to: (1) return to his or her country of residence upon completion or termination of such qualifying graduate program, or (2) obtain U.S. employment in a STEM field and become a permanent U.S. resident upon completion of the graduate program which was the basis for such nonimmigrant status. States that an F-4 visa shall be valid: (1) during the intended period of graduate study, (2) for an additional one year period if the alien is pursuing an offer of STEM field employment, and (3) for an additional six month period while the alien's application for permanent resident status adjustment is pending. States that an alien shall qualify for permanent resident status adjustment if he or she: (1) has F-4 status and has earned an advanced STEM field degree at an institution of higher education, and (2) is employed full-time in the United States in a STEM field position.

A bill to amend the Immigration and Nationality Act by establishing an F-4 nonimmigrant visa for aliens pursuing an advanced degree in mathematics, engineering, technology, or the physical sciences in the United States, to authorize such aliens to become permanent residents if they obtain employment in the United States related to their field of study, and for other purposes.

SECTION 1. FINDINGS. Congress, through section 126 of the General Provisions for the U.S. Department of the Interior within appendix C of the Consolidated Appropriations Act for Fiscal Year 2000, Public Law 106-113, directed the Secretary of the Interior to designate Midway Atoll as a National Memorial to the Battle of Midway. In so doing, Congress intended that Midway Atoll be preserved as a memorial to the honor and courage of members of the U.S. Armed Forces who participated in the critical battle that was the turning point of the war in the Pacific during World War II. The designation was accomplished via Order 3217 by the Secretary of the Interior on September 13, 2000. Order 3217 designated the U.S. Fish and Wildlife Service (USFWS) as the agency responsible for the development of the National Memorial. In reviewing the performance of the USFWS in exercising its responsibilities with regard to Midway Atoll and the National Memorial thereon, the Senate has made the following findings: (1) The intent of Congress in directing that Midway Atoll be designated as a National Memorial to the Battle of Midway has not been properly implemented by the USFWS. (2) Matters of historic preservation and military history have been subjugated to those of the Midway Atoll National Wildlife Refuge, without proper balance. (3) Public Law 106-113, appendix C, section 126, required the Secretary of the Interior to consult with the International Midway Memorial Foundation on the management of the National Memorial. The Secretary has failed to do so. (4) The airfield on Midway Atoll is an important asset for the military and civilian aircraft as an emergency airfield for refueling and emergencies in the northern Pacific. It is important that the airfield be maintained in a functional state. (5) From 1996 to 2002, the USFWS had a cooperative relationship with a private contractor under which the contractor provided logistical support at Midway Atoll, including operation and maintenance of the airfield, at no cost to the Federal Government. (6) Apparently because of the restrictive policies of the USFWS, the cooperative relationship with the private contractor has been terminated. Currently, the Federal Government is paying approximately $8 million annually to maintain Midway Atoll. This includes only minimal availability of the airfield. All commercial flights have been halted. There is no longer effective public access to Midway, rendering virtually meaningless the designation of Midway Atoll as a National Memorial. Infrastructure support has been significantly reduced. (7) It is important that current and future generations have access to those sites associated with the great military events in U.S. history. Midway Atoll is one such site. The Battle of Midway is widely regarded by historians as the turning point of World War II in the Pacific and arguably the most pivotal engagement of the entire war. Despite Midway's remote location, the Federal Government must do everything in its power to permit public access to the site and properly commemorate its designation as a National Memorial. To date, the Government has done neither. (8) Subsequent to the designation of Midway Atoll as a National Memorial, neither the Department of the Interior nor any other agency of the Federal Government has erected any signage, display, a monument or indication of any sort whatsoever that Midway has been designated as a National Memorial to the Battle of Midway. (9) Moreover, USFWS appears to have made no effort on Midway Atoll to offer any kind of historical interpretation or information on the Battle of Midway and its significance, or to document the location and significance of the World War II airfield or infrastructure. (10) In early February 2003, a spill of approximately 100,000 gallons of jet fuel occurred at Sand Island on Midway Atoll. Although it appears the cause was a corroded piece of equipment, at the time of the spill only one contract employee was on-site to maintain and manage the fuel farm. The cost of cleanup and remediation is estimated at $4.7 million. SEC. 2. REVIEW OF ADMINISTRATION AND DESIGNATION OF REPLACEMENT AGENCY BY SECRETARY OF THE INTERIOR. (a) Review.--Upon enactment of this Act, the Secretary of the Interior shall conduct a review of the administration of Midway Atoll and the designation of the Atoll as a National Memorial. As part of such review, the Secretary shall consult with the International Midway Memorial Foundation and other interested parties. The Secretary shall report the results of such review to the appropriate committees of the Senate and House of Representatives. (b) Replacement of Administering Agency.--Within 90 days of enactment of this Act, the Secretary shall designate another agency to replace the USFWS as administrator of Midway Atoll and developer of the National Memorial thereon. SEC. 3. STATUS OF THE NATIONAL MEMORIAL. It is the intention of Congress that: (1) The National Memorial on Midway Atoll be given equal consideration with concerns over the preservation of wildlife in all matters related to the administration, development and preservation of the Atoll. (2) Midway's airport remain in use as an alternative emergency site in order to ensure the safety of civilian and military aircraft in the northern Pacific region. (3) The public continue to have meaningful access to the Atoll so as to experience and benefit from its status as both a National Memorial to the Battle of Midway and a National Wildlife Refuge. The Secretary shall provide for such public access in the most cost-effective manner. (4) The fact that Midway Atoll is a National Memorial to the Battle of Midway be properly displayed on Midway, and that appropriate historical documentation be given to those aspects of Midway's infrastructure deemed to be of historical significance. (5) Interested organizations such as the International Midway Memorial Foundation shall be consulted on a regular basis on matters relating to the National Memorial.

Directs the Secretary of the Interior to: (1) review and report to the appropriate congressional committees on the administration of Midway Atoll and the designation of the Atoll as a National Memorial; and (2) designate another agency to replace the U.S. Fish and Wildlife Service as administrator of Midway Atoll and developer of the Memorial. Declares the intention of Congress that: (1) the National Memorial on Midway Atoll be given equal consideration with concerns over the preservation of wildlife in all matters related to the administration, development and preservation of the Atoll; (2) Midway's airport remain in use as an alternative emergency site in order to ensure the safety of civilian and military aircraft in the northern Pacific region; and (3) the public continue to have meaningful access to the Atoll so as to experience and benefit from its status as both a National Memorial to the Battle of Midway and a National Wildlife Refuge.

A bill to direct the Secretary of the Interior to replace the U.S. Fish and Wildlife Service as the Federal agency responsible for the administration, protection and preservation of the Midway Atoll within 90 days after the enactment of this Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans with Disabilities Act Restoration Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in enacting the Americans with Disabilities Act of 1990, Congress intended that the Act ``establish a clear and comprehensive prohibition of discrimination on the basis of disability'', and provide broad coverage and vigorous and effective remedies without unnecessary and obstructive defenses; (2) decisions and opinions of the Supreme Court have unduly narrowed the broad scope of protection afforded by the Americans with Disabilities Act of 1990, eliminating protection for a broad range of individuals whom Congress intended to protect; (3) in enacting the Americans with Disabilities Act of 1990, Congress recognized that physical and mental impairments are natural parts of the human experience that in no way diminish a person's right to fully participate in all aspects of society, but Congress also recognized that people with physical or mental impairments having the talent, skills, abilities, and desire to participate in society are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers; (4)(A) Congress modeled the Americans with Disabilities Act of 1990 definition of disability on that of section 504 of the Rehabilitation Act of 1973 (referred to in this section as ``section 504''), which had, prior to the date of enactment of the Americans with Disabilities Act of 1990, been construed broadly to encompass both actual and perceived limitations, and limitations imposed by society; and (B) the broad conception of the definition contained in section 504 had been underscored by the Supreme Court's statement in its decision in School Board of Nassau County v. Arline, 480 U.S. 273 (1987), that the definition ``acknowledged that society's myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment''; (5) in adopting, in the Americans with Disabilities Act of 1990, the concept of disability expressed in section 504, Congress understood that adverse action based on a person's physical or mental impairment is often unrelated to the limitations caused by the impairment itself; (6) instead of following congressional expectations that the term ``disability'' would be interpreted broadly in the Americans with Disabilities Act of 1990, the Supreme Court has ruled, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the elements of the definition ``need to be interpreted strictly to create a demanding standard for qualifying as disabled'' and, consistent with that view, has narrowed the application of the definition in various ways; and (7) contrary to explicit congressional intent expressed in the committee reports for the Americans with Disabilities Act of 1990, the Supreme Court has eliminated from the Act's coverage individuals who have mitigated the effects of their impairments through the use of such measures as medication and assistive devices. (b) Purpose.--The purposes of this Act are-- (1) to effect the Americans with Disabilities Act of 1990's objectives of providing ``a clear and comprehensive national mandate for the elimination of discrimination'' and ``clear, strong, consistent, enforceable standards addressing discrimination'' by restoring the broad scope of protection available under the Americans with Disabilities Act of 1990; (2) to respond to certain decisions of the Supreme Court, including Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999), Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999), Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999), and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that have narrowed the class of people who can invoke the protection from discrimination that the Americans with Disabilities Act of 1990 provides; and (3) to reinstate the original congressional intent regarding the definition of disability in the Americans with Disabilities Act of 1990 by clarifying that the protection of that Act is available for all individuals who are-- (A) subjected to adverse treatment based on an actual or perceived impairment, or a record of impairment; or (B) adversely affected-- (i) by prejudiced attitudes, such as myths, fears, ignorance, or stereotypes concerning disability or particular disabilities; or (ii) by the failure to remove societal and institutional barriers, including communication, transportation, and architectural barriers, or the failure to provide reasonable modifications to policies, practices, and procedures, reasonable accommodations, and auxiliary aids and services. SEC. 3. FINDINGS IN AMERICANS WITH DISABILITIES ACT OF 1990. Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) physical and mental disabilities are natural parts of the human experience that in no way diminish a person's right to fully participate in all aspects of society; and ``(B)(i) people with physical or mental disabilities having the talent, skills, abilities, and desire to participate in society are frequently precluded from doing so because of discrimination; and ``(ii) other people who have a record of a disability or are regarded as having a disability have also been subjected to discrimination;''; and (2) by striking paragraph (7) and inserting the following: ``(7)(A) individuals with disabilities have been subjected to a history of purposeful unequal treatment, have had restrictions and limitations imposed upon them because of their disabilities, and have been relegated to positions of political powerlessness in society; and ``(B) classifications and selection criteria that exclude individuals with disabilities should be strongly disfavored, subjected to skeptical and meticulous examination, and permitted only for highly compelling reasons, and never on the basis of prejudice, myths, irrational fears, ignorance, or stereotypes about disability;''. SEC. 4. DISABILITY DEFINED. Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Disability.-- ``(A) In general.--The term `disability' means-- ``(i) a physical or mental impairment; ``(ii) a record of a physical or mental impairment; or ``(iii) being regarded as having a physical or mental impairment. ``(B) Rule of construction.-- ``(i) Determination of impairment.--The determination of whether an individual has a physical or mental impairment shall be made without regard to-- ``(I) whether the individual uses a mitigating measure; ``(II) the impact of any mitigating measures the individual may or may not be using; ``(III) whether any manifestation of the impairment is episodic; or ``(IV) whether the impairment is in remission or latent. ``(ii) Mitigating measures.--The term `mitigating measure' means any treatment, medication, device, or other measure used to eliminate, mitigate, or compensate for the effect of an impairment, and includes prescription and other medications, personal aids and devices (including assistive technology devices and services), reasonable accommodations, and auxiliary aids and services.''; and (2) by redesignating paragraph (3) as paragraph (7) and inserting after paragraph (2) the following: ``(3) Mental impairment.--The term `mental', used with respect to an impairment, means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disability. ``(4) Physical impairment.--The term `physical', used with respect to an impairment, means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting 1 or more of the following body systems: ``(A) Neurological. ``(B) Musculoskeletal. ``(C) Special sense organs. ``(D) Respiratory, including speech organs. ``(E) Cardiovascular. ``(F) Reproductive. ``(G) Digestive. ``(H) Genitourinary. ``(I) Hemic and lymphatic. ``(J) Skin. ``(K) Endocrine. ``(5) Record of a physical or mental impairment.--The term `record of a physical or mental impairment' means a history of, or a misclassification as having, a physical or mental impairment. ``(6) Regarded as having a physical or mental impairment.-- The term `regarded as having a physical or mental impairment' means perceived or treated as having a physical or mental impairment, whether or not the individual involved has an impairment.''. SEC. 5. ADVERSE ACTION. The Americans with Disabilities Act of 1990 is amended by inserting after section 3 (42 U.S.C. 12102) the following: ``SEC. 4. ADVERSE ACTION. ``An adverse action taken by an entity covered under this Act against an individual because of that individual's use of a mitigating measure or because of a side effect or other consequence of the use of such a measure shall constitute discrimination under this Act.''. SEC. 6. DISCRIMINATION ON THE BASIS OF DISABILITY. Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended-- (1) in subsection (a), by striking ``against a qualified individual with a disability because of the disability of such individual'' and inserting ``against an individual on the basis of disability''; and (2) in subsection (b), in the matter preceding paragraph (1), by striking the term ``discriminate'' and inserting ``discriminate against an individual on the basis of disability''. SEC. 7. QUALIFIED INDIVIDUAL. Section 103(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 2113(a)) is amended by striking ``that an alleged'' and inserting ``that-- ``(1) the individual alleging discrimination under this title is not a qualified individual with a disability; or ``(2) an alleged''. SEC. 8. RULE OF CONSTRUCTION. Section 501 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201) is amended by adding at the end the following: ``(e) Broad Construction.--In order to ensure that this Act achieves the purpose of providing a comprehensive prohibition of discrimination on the basis of disability and to advance the remedial purpose of this Act, the provisions of this Act shall be broadly construed. ``(f) Regulations.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Americans with Disabilities Act Restoration Act of 2007-- ``(A) the Attorney General, the Equal Employment Opportunity Commission, and the Secretary of Transportation shall issue regulations described in sections 106, 204, 223, 229, 244, and 306, as appropriate, including regulations that implement sections 3 and 4, to carry out the corresponding provisions of this Act, as this Act is amended by the Americans with Disabilities Act Restoration Act of 2007; and ``(B) the Architectural and Transportation Barriers Compliance Board shall issue supplementary guidelines described in section 504, to supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of titles II and III of this Act, as this Act is amended by the Americans with Disabilities Act Restoration Act of 2007. ``(2) Construction.--Nothing in this subsection shall be construed to limit the authority of an officer or agency described in paragraph (1) to issue regulations or guidelines under any other provision of this Act, other than this subsection. ``(g) Deference to Regulations and Guidance.--Duly issued Federal regulations and guidance for the implementation of the Americans with Disabilities Act of 1990, including provisions implementing and interpreting the definition of disability, shall be entitled to deference by administrative agencies or officers, and courts, deciding an issue in any action brought under this Act.''.

Americans with Disabilities Act Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to remove from the definition of "disability" a reference to substantially limiting one or more major life activities. Prohibits, in determining whether an individual has an impairment, considering whether the individual uses a mitigating measure, the impact of any mitigating measures, or whether the impairment is episodic, in remission, or latent. Defines the term "mitigating measure." Defines "physical" and "mental" (used regarding an impairment), "record of physical or mental impairment," and "regarded as having a physical or mental impairment." Declares that an adverse action taken because of an individual's use of a mitigating measure constitutes discrimination under the Act. Prohibits employment discrimination against an individual on the basis of disability (currently, against a qualified individual with a disability because of the disability). Allows, as a defense to a charge of discrimination, that the individual alleging discrimination is not a qualified individual with a disability. Requires that the Act's provisions be broadly construed. Directs the Attorney General, the Equal Employment Opportunity Commission (EEOC), and the Secretary of Transportation to issue regulations to carry out the provisions of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Entitles duly issued federal regulations and guidance to deference by administrative agencies or officers and courts.

A bill to amend the Americans with Disabilities Act of 1990 to restore the intent and protections of that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Response and Accountability Act''. SEC. 2. PUBLIC HEALTH EMERGENCIES. (a) In General.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended-- (1) in subsection (a), by striking ``after consultation'' and inserting ``in consultation with the Assistant Secretary for Preparedness and Response and''; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a), the following: ``(b) Reporting Requirements.-- ``(1) In general.--Upon the determination of a public health emergency under subsection (a), the Secretary shall request the Assistant Secretary for Preparedness and Response to convene a group of Federal public health and other Federal officials that shall prepare monthly reports related to such emergency for the period described in paragraph (3) and submit such reports to Congress. ``(2) Contents.--The reports prepared under paragraph (1) shall include-- ``(A) in the first monthly report, the proposed budget of the response to the emergency, and, in each subsequent report, updates to such budget; ``(B) a description of how the Secretary plans to use best practices and lessons learned from previous public health emergency responses; ``(C) a description of how collaboration among public health agencies and departments will be achieved, strategies for public communication, and acquisition and distribution of supplies; ``(D) an identification of additional authorities needed, if any, to respond to the emergency; and ``(E) in the first monthly report, the justification for triggering the public health emergency response. ``(3) Period.--The period described in this paragraph is the period beginning not later than 30 days after the determination of a public health emergency under subsection (a) and ending 30 days after the determination of the emergency terminates in accordance with such subsection.''; and (4) in subsection (c) (as so redesignated)-- (A) in paragraph (2), by striking ``Committee on Commerce'' and inserting ``Committee on Energy and Commerce''; and (B) by adding at the end the following: ``(3) Funding.-- ``(A) Definitions.--In this paragraph: ``(i) Public health emergency relief.--The term `public health emergency relief' means, for the purpose of clause (ii), the expenditures to address a public health emergency determined under subsection (a) from-- ``(I) amounts made available by emergency supplemental appropriations to appropriations accounts of the Department of Health and Human Services to address a public health emergency (excluding funds transferred to the Department from the appropriations account for the `Federal Emergency Management Agency, Disaster Relief Fund' or pursuant to the Oil Pollution Act of 1990); and ``(II) any amounts expended from the Public Health Emergency Fund under this subsection. ``(ii) Target amount.--The term `target amount' means the amount that is the rolling annual average of expenditures for public health emergency relief over the full 14 fiscal years immediately preceding the fiscal year for which the determination of a public health emergency is made under subsection (a), excluding the highest and lowest years. ``(B) Appropriations.-- ``(i) In general.--Subject to clause (iv), upon the determination of each public health emergency under subsection (a), there is appropriated to the Public Health Emergency Fund, out of any money in the Treasury not otherwise appropriated, for the fiscal year of the determination, an amount determined under subparagraph (C), to remain available until expended, which may be used in accordance with subparagraph (D). ``(ii) Reporting.--The reporting requirements contained in subsection (b) shall apply with respect to amounts appropriated under clause (i). ``(iii) Emergency designations.-- ``(I) In general.--Amounts appropriated under clause (i) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). ``(II) Designation in the senate.-- In the Senate, amounts appropriated under clause (i) are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. ``(iv) Limitation.--Clause (i) shall not apply if the amount available for expenditure in the Public Health Emergency Fund, as of the date of the determination as a public health emergency under subsection (a), is equal to or greater than the target amount. ``(C) Formula.-- ``(i) In general.--Subject to clause (ii), the amount determined under this subparagraph shall be equal to the difference between the target amount and the amount available for expenditure in the Public Health Emergency Fund, as of the date of the determination of the public health emergency under subsection (a). ``(ii) Report by omb.--Not later than 30 days after the date of enactment of this paragraph, the Director of the Office of Management and Budget shall submit to the Committee on Appropriations and the Committee on the Budget of the Senate and the Committee on Appropriations and the Committee on the Budget of the House of Representatives, a report on the rolling average calculated for purposes of determining the target amount. ``(D) Use of funds.-- ``(i) In general.--Amounts appropriated to the Public Health Emergency Fund under subparagraph (B) shall be used by the Secretary in accordance with the proposed budget described in subsection (b)(2) for any public health emergency determined under subsection (a) that has not terminated under such subsection. Such funds shall be used-- ``(I) to provide assistance for immediate Federal, State, local, or international response needs with respect to any public health emergency determined under subsection (a); and ``(II) for activities determined appropriate by the Secretary to improve preparedness and response to protect human health for all populations in any public health emergency determined under subsection (a). ``(ii) Availability.--Amounts appropriated to the Public Health Emergency Fund under subparagraph (B) shall remain available for the uses described in this subparagraph so long as any public health emergency is determined under subsection (a) and the determination for any such emergency has not terminated under such subsection. ``(iii) Authority.--In expending funds appropriated under subparagraph (B) and carrying out activities under this subparagraph, the Secretary shall have the authority to-- ``(I) transfer funds and enter into contracts; ``(II) utilize flexible hiring mechanisms, including direct hiring authority and personal service contracts; exemptions from certain administrative restrictions (such as travel, information technology, printing and supplies); motor vehicle authority; and flexible compensation for responders, including overtime and danger pay; and ``(III) utilize flexible transaction mechanisms.''. (b) Exemption of the Public Health Emergency Fund From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``Public Health Emergency Fund (009-91-9913).'' after the item relating to ``Postal Service Fund (18-4020-0-3- 372).''. (2) Application.--The amendment made by paragraph (1) shall apply to any sequestration order issued under such Act on or after the date of enactment of this section. (c) GAO Reports.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with relevant Federal, State, and local government entities, shall prepare and submit to the appropriate committees of Congress, a report-- (A) reviewing the capacity of the United States public health system, including the public health workforce, to respond effectively to infectious disease outbreaks; (B) identifying areas of potential improvement in coordination between Federal, State, and local government entities to respond more effectively to infectious disease outbreaks; (C) making recommendations on how to provide or allocate most effectively resources for public health emergency response, specifically considering how to utilize most effectively the emergency fund established under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (D) containing an audit of how funds for public health emergencies have been expended within the 2 years preceding the date of the report. (2) Post-emergency report.-- (A) In general.--Not later than 6 months after the termination of a determination of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Comptroller General of the United States shall review response efforts by Federal, State, and local government entities, as well as any other relevant entities engaged in response efforts, and submit a report to the appropriate committees of Congress to determine-- (i) the compliance of such efforts with best practices identified in the report under paragraph (1); (ii) the effectiveness of such best practices; (iii) the cost of such efforts; (iv) the areas of potential continued improvement in coordination between Federal, State, and local government entities to respond more effectively to infectious disease outbreaks; and (v) how to incorporate additional best practices which may be incorporated in future response efforts. (B) Audit.--The report under subparagraph (A) shall include an audit indicating how funds used for public health emergencies determined under section 319 of the Public Health Service Act have been expended during the 2 years preceding the submission of the report under such subparagraph. SEC. 3. APPLICABILITY. Nothing in this Act, or an amendment made by this Act, shall affect the applicability of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) in the case of a public health emergency.

Public Health Emergency Response and Accountability Act This bill requires the Department of Health and Human Services, upon determination of a public health emergency, to provide for the convening of a group of federal officials to prepare monthly reports concerning such matters as funding, collaboration, and best practices. The bill makes appropriations to the Public Health Emergency Fund upon determination of an emergency. Funding is subject to a calculation that compares amounts available in the fund to average public health emergency relief expenditures over preceding fiscal years. The bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt the fund from sequestration, a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. The Government Accountability Office (GAO) must report on: the capacity of the public health system to respond effectively to infectious disease outbreaks, the coordination between federal, state, and local government entities when responding to infectious disease outbreaks, the most effective ways to provide or allocate resources for public health emergency response, and an audit of how funds for public health emergencies have been expended within the last two years. GAO must also issue a post-emergency report on response efforts by government entities.

Public Health Emergency Response and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Improvement Act of 1997''. SEC. 2. SPECTRUM AUCTIONS. (a) Required Auctions.--To the extent that portions of the public electromagnetic spectrum allocated for commercial use become available for licenses and construction during the period consisting of fiscal years 1998 through 2002, the Federal Communications Commission shall, during such period, conduct competitive bidding in accordance with section 309(j) of the Communications Act of 1934 for licenses and construction permits involving such portions which result in an amount of proceeds equal to the sum of (1) $26,000,000,000, and (2) the amount of any offsetting collections referred to in the first sentence of section 309(j)(8)(B) of such Act. To the extent possible, the competitive bidding shall be conducted so that proceeds required under this subsection are obtained in equal amounts during each fiscal year during such period. (b) Treatment of Proceeds.--Notwithstanding section 309(j)(8)(A) of the Communications Act of 1934, the proceeds from competitive bidding conducted pursuant to subsection (a) (less any proceeds retained pursuant to the first sentence of section 309(j)(8)(B) of such section) shall be deposited in the Infrastructure Improvement Trust Fund established by section 9512 of the Internal Revenue Code of 1986, as added by section 3 of this Act. This subsection may not be construed to apply to any proceeds from competitive bidding conducted pursuant to subsection (a) in excess of the sum described in subsection (a). SEC. 3. INFRASTRUCTURE IMPROVEMENT TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to Trust Fund Code) is amended by adding at the end the following new section: ``SEC. 9512. INFRASTRUCTURE IMPROVEMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Infrastructure Improvement Trust Fund', consisting of such amounts as may be appropriated or credited to such trust fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Infrastructure Improvement Trust Fund amounts equivalent to the revenues received in the Treasury from the proceeds of competitive bidding conducted by the Federal Communications Commission pursuant to section 2(a) of the Infrastructure Improvement Act of 1997. ``(c) Expenditures From Trust Fund.--Amounts in the Infrastructure Improvement Trust Fund shall be available, as provided in the Infrastructure Improvement Act of 1997, only for purposes of making expenditures in accordance with section 5 of such Act.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9512. Infrastructure Improvement Trust Fund.'' SEC. 4. AVAILABILITY OF AMOUNTS. There shall be available to the Secretary of Transportation, out of the Infrastructure Improvement Trust Fund, for each of fiscal years 1998 through 2002, the amount transferred to the Trust Fund for such fiscal year pursuant to section 9512 of the Internal Revenue Code of 1986 (plus any amount credited to the account during the preceding fiscal year pursuant to section 9602(b) of such Code) for carrying out section 5. Such sums shall remain available until expended. SEC. 5. INFRASTRUCTURE IMPROVEMENT GRANTS. (a) In General.--On October 1 of each of fiscal years 1998 through 2002 (or as soon as possible thereafter), the Secretary of Transportation, after making the deduction under subsection (b), shall apportion funds made available by section 4 for such fiscal year among the States so that the percentage apportioned to each State is equal to the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986 in the latest fiscal year for which data are available. Payments of funds apportioned to a State under this subsection shall be made in quarterly installments in the form of grants. (b) Deduction.--Whenever an apportionment of funds is made under subsection (a) or (d), the Secretary may make a deduction in an amount not to exceed 2 percent of such funds for administering the provisions of this section. (c) Use of Grants.--Funds apportioned to a State under subsection (a) shall be available only for the construction and maintenance of highways in the State. (d) Submission of Plan.--A State shall be eligible to receive an apportionment of funds under subsection (a) in a fiscal year only if the State submits to the Secretary, on or before September 1 of the preceding fiscal year, a plan describing how the funds will be used. Amounts which would have been apportioned to a State but for the requirement of this subsection shall be reapportioned among the States in the manner specified for apportionments under subsection (a). (e) Applicability of Requirements.--A project carried out on a Federal-aid highway using funds apportioned under subsection (a) shall be subject to the same requirements as would have applied to the project if the project had been carried out under title 23, United States Code, except to the extent that the Secretary determines that any requirement of such title is not consistent with the objectives of this section. (f) Federal Share.--The Federal share payable on account of any project or activity carried out using funds apportioned under subsection (a) shall be 80 percent of the cost of the project or activity. (g) Definitions.--As used in this section, the terms ``construction'', ``Federal-aid highway'', and ``highway'' have the meanings given such terms by section 101(a) of title 23, United States Code.

Infrastructure Improvement Act of 1997 - Directs the Federal Communications Commission to conduct competitive bidding for licenses and permits for portions of the public electromagnetic spectrum allocated for commercial use that become available for licenses and construction during FY 1998 through 2002 and that result in specified proceeds. Requires such proceeds to be deposited into the Infrastructure Improvement Trust Fund established by this Act. Makes such funds available to the Secretary of Transportation to be apportioned among the States during FY 1998 through 2002 based on the percentage of estimated tax payments attributable to highway users in a State paid into the Highway Trust Fund for the latest fiscal year. Permits such funds to be used only for the construction and maintenance of State highways. Allows a State to be eligible for such funds only if it submits annually to the Secretary a plan describing its use of such funds. Requires a Federal share of 80 percent of the total cost of a project or activity conducted using funds apportioned under this Act.

Infrastructure Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Ingredient Labeling Act of 1996''. SEC. 2. LABELING. Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(t)(1) If it is a malt beverage (including malt liquor or malt cooler), wine (including wine cooler or fortified wine), distilled spirit (including distilled spirit cooler), or any other beverage, over-the-counter medication, or similar product containing more than \1/2\ percent alcohol by volume unless it bears a label which-- ``(A) discloses in a nonpromotional manner the alcoholic content by volume, ``(B) discloses the number of drinks it contains rounded to the nearest quarter drink, ``(C) discloses its ingredients and calories per container and per drink, ``(D) discloses the common or usual name of each ingredient (including additives), and ``(E) bears the following statement: `If you or someone you know has a drinking problem, a call may be made to (reference to a toll-free number established and operated by the Secretary) for help'. ``(2) For purposes of subparagraph (1): ``(A) The term `malt beverage' means a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water of malted barley with hops, or their parts or products, with or without other malted cereals, with or without the addition of unmalted or prepared cereals, other carbohydrates, or materials prepared, with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption. ``(B) The term `wine' means wine as defined in sections 610 and 617 of the Revenue Act of 1918 and other alcoholic beverages made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, wine compounds sold as wine, vermouth, cider, sherry, and sake if it contains not less than 7 percent and not more than 24 percent of alcohol by volume and if for nonindustrial use. ``(C) The term `distilled spirit' means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof for nonindustrial use. Such term does not include mixtures containing wine, bottled at 48 degrees of proof or less if the mixture contains more than 50 percent wine on a proof gallon basis. ``(D) The term `drink' is a serving of a malt beverage, wine, or distilled spirit which contains .6 ounces of alcohol by volume. ``(E) The term `ingredient' shall not mean incidental or trace ingredients. ``(3) The Secretary shall by regulation require that the information required on a container of a malt beverage, wine, or distilled spirit label by subparagraph (1)-- ``(A) be located in a conspicuous place on such label, ``(B) appear in conspicuous and legible type which is in contrast by typography, layout, and color with other printed matter and which is of a size no less than one-sixteenth of an inch in height, ``(C) be displayed horizontally, ``(D) be easily legible when the container is held in the usual way, ``(E) be offset by borders, and ``(F) in the case of the requirement of subparagraph (1)(B), be stated as a number followed by the word `drinks', be contained within a beer mug symbol, and be placed on the front of the container.''. SEC. 3. AUTHORIZATION. There is authorized to be appropriated to the Secretary $500,000 for fiscal year 1996 and each succeeding fiscal year to establish and operate the toll-free number referred to in section 403(s)(1)(E) of the Federal Food, Drug, and Cosmetic Act (as added by section 1). SEC. 4. REPORT. The Commissioner of the Food and Drug Administration shall submit a report, within 90 days of the date of the enactment of this Act, on the effectiveness of the format of the Surgeon General's warning required by section 204 of the Alcoholic Beverage Labeling Act of 1988 in combination with the new ingredient information required on beverage labels by the amendment made by section 2. The Commissioner shall evaluate the format of such information in terms of its legibility, placement, and noticeability and in terms of other relevant characteristics. The report shall make recommendations for improving such format.

Alcohol Ingredient Labeling Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act to deem a malt beverage, wine, or distilled spirit mislabeled unless it bears a label disclosing: (1) the alcoholic content; (2) the number of drinks (defining "drink" as .6 ounces of alcohol); (3) its ingredients and calories; (4) the common name of each ingredient, including additives; and (5) a toll-free number for help with a drinking problem. Authorizes appropriations for the toll-free number.

Alcohol Ingredient Labeling Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Reform Act of 2006''. SEC. 2. PROHIBITION ON UNIVERSAL DEFAULT AND UNILATERAL CHANGES TO CARDHOLDER AGREEMENTS. Chapter 4 of the Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended-- (1) by redesignating section 171 as section 173; and (2) by adding at the end the following: ``Sec. 171. Universal defaults prohibited ``(a) In General.--No credit card issuer may use any adverse information concerning any consumer, including any information contained in any consumer report (as defined in section 603) or any change in the credit score of the consumer, as the basis for increasing any annual percentage rate of interest applicable to a credit card account of the consumer under an open end consumer credit plan, or to remove or increase any introductory annual percentage rate of interest applicable to such account. ``(b) Exception.--The limitation under subsection (a) shall not apply to-- ``(1) a credit card issuer that increases an annual percentage rate of interest in accordance with a credit card agreement that provides for rate changes according to changes in an index or formula; or ``(2) the removal or increase in an introductory annual percentage rate of interest applicable to the usage or payment of such account because of actions or omissions of a consumer that are directly related to such account. ``(c) Notice to Consumer.--The limitation under subsection (a) on the use of adverse information by a credit card issuer shall be clearly and conspicuously described to the consumer by the credit card issuer in any disclosure or statement required under subsection (a) or (b) of section 127. ``(d) Unilateral Changes in Credit Card Agreement Prohibited.-- ``(1) In general.--No credit card issuer may amend or change the terms of a credit card contract or agreement under an open end consumer credit plan, unless the consumer has provided specific written consent, in a separate document signed or initialed by the consumer, to the change or amendment of such terms. ``(2) Authority to payoff balances.--A cardholder shall have the right to repay all existing balances under the terms in effect when the balances were incurred. ``(3) Construction.--Termination of an account due to failure to agree to a change in terms shall not constitute a default under an existing cardholder agreement, and shall not trigger an obligation to immediately repay the obligation in full.''. SEC. 3. CAP ON FEES CHARGED BY CREDITORS. (a) In General.--Chapter 4 of the Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended by adding at the end the following: ``Sec. 172. Limitations on late payment fees and other adverse consequences ``(a) In General.--If a late payment fee is to be imposed with respect to a credit card account under an open end consumer credit plan due to the failure of the consumer to make payment on or before a required payment due date, the credit card issuer shall state clearly and conspicuously on the billing statement-- ``(1) the date on which the payment must be postmarked, if paid by mail, or by the date on which a consumer initiates a payment using an electronic fund transfer (as defined under section 903 of the Electronic Fund Transfers Act), in order to avoid the imposition of a late fee with respect to the payment; and ``(2) the amount of the late payment fee to be imposed if payment is postmarked after such date. ``(b) Limitation.--No card issuer may, with respect to a credit card account under an open end consumer credit plan, impose a late payment fee, raise the annual percentage rate on the credit card account for late payment, or impose other adverse consequences for late payment if the cardholder's payment is postmarked on or before the required postmark date stated in accordance with subsection (a)(1). ``(c) Cap on Fees.--The amount of any fee or charge that a credit card issuer may impose in connection with any default, omission, or violation of the cardholder agreement, including any late payment fee, over the limit fee, increase in the applicable annual percentage rate of interest, or any similar fee or charge, may not exceed an amount that is reasonably related to the cost to the card issuer of such default, omission, violation, or similar event.''. (b) Conforming Amendment.--Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by striking paragraph (12). (c) Clerical Amendment.--The table of sections for chapter 4 of the Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended by inserting after the item relating to section 170 the following new items: ``171. Universal defaults prohibited. ``172. Cap on fees.''. SEC. 4. VERIFICATION OF ABILITY TO PAY CREDIT OBLIGATIONS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(h) Verification of Ability to Pay.-- ``(1) In general.--A credit card issuer may not open any credit card account for any person under an open end consumer credit plan, or increase any credit limit applicable to such an account, unless the credit card issuer has determined, at the time at which the account is opened or the credit limit increased, that the consumer will be able to make the scheduled payments under the terms of the transaction, based on a consideration of their current and expected income, current obligations, and employment status. ``(2) Regulations.--The Board shall prescribe, by regulation, the appropriate formula for determining the ability of a consumer to pay and the criteria to be considered in making any such determination for purposes of this subsection. ``(3) Prohibitions.--The Board, by regulation or order, shall prohibit acts or practices in connection with any credit card account under an open end consumer credit plan-- ``(A) that the Board finds to be unfair, deceptive, or designed to evade the provisions of this title; and ``(B) that the Board finds to be associated with abusive lending practices, or that are otherwise not in the interest of the consumer.''. SEC. 5. EFFECTIVE DATES. The amendments made by this Act shall take effect 6 months after the date of enactment of this Act, except that the Board shall begin to propose such regulations as may be appropriate to implement such amendments on or after the date of enactment of this Act.

Credit Card Reform Act of 2006 - Amends the Truth in Lending Act to prohibit a credit card issuer from using any adverse information concerning any consumer (including information contained in any consumer report, or any change in the consumer's credit score) as the basis for increasing any annual percentage rate of interest (APR) applicable to a credit card account under an open end consumer credit plan, or from removing or increasing any introductory APR. Prohibits a credit card issuer, also, from changing the terms of a credit card contract or agreement under an open end consumer credit plan without written consumer consent. Prohibits a credit card issuer from imposing adverse consequences for late payment if the cardholder's payment is postmarked or initiated by electronic funds transfer on or before the required postmark date in accordance with this Act. Limits late payment and related fees to an amount reasonably related to the cost to the card issuer of consumer default, omission, or violation of the credit plan agreement. Requires a credit card issuer to verify, when the account is opened or the credit limit increased, that the consumer will be able to make the scheduled payments based on a consideration of current and expected income, current obligations, and employment status.

A bill to amend the Truth in Lending Act, to prohibit universal default practices by credit card issuers, to limit fees that may be imposed on credit card accounts, and to require credit card issuers to verify a prospective consumer's ability to pay before extending credit to the consumer, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act''. SEC. 2. AMENDMENTS. (a) Relating to a Former President.--The first section of the Act entitled ``An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (3 U.S.C. 102 note), is amended by striking the matter before subsection (e) and inserting the following: ``(a) Each former President shall be entitled for the remainder of his or her life to receive from the United States-- ``(1) an annuity at the rate of $200,000 per year, subject to subsection (c); and ``(2) a monetary allowance at the rate of $200,000 per year, subject to subsections (c) and (d). ``(b)(1) The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the individual becomes a former President; ``(B) terminate on the last day of the month before the former President dies; and ``(C) be payable by the Secretary of the Treasury on a monthly basis. ``(2) The annuity and allowance under subsection (a) shall not be payable for any period during which the former President holds an appointive or elective position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate. ``(c) Effective December 1 of each year, each annuity and allowance under subsection (a) having a commencement date that precedes such December 1 shall be increased by the same percentage as the percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 and following) are increased, effective as of such December 1, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). ``(d)(1) Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period may not exceed the amount by which-- ``(A) the monetary allowance which (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(B) the applicable reduction amount for such 12-month period. ``(2)(A) For purposes of paragraph (1), the `applicable reduction amount' is, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the sum of (I) the adjusted gross income (as defined by section 62 of the Internal Revenue Code of 1986) of the former President for the last taxable year ending before the start of such 12-month period, plus (II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage as the percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection).''. (b) Relating to the Surviving Spouse of a Former President.-- (1) Increase in amount of monetary allowance.--Subsection (e) of the section amended by subsection (a) is amended-- (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),''; and (B) in the second sentence-- (i) in paragraph (2), by striking ``and'' at the end; (ii) in paragraph (3), by striking the period and inserting ``; and''; and (iii) by adding after paragraph (3) the following: ``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage as the percentage by which, annuities of former Presidents are increased under subsection (c).''. (2) Coverage of widower of a former president.--Such subsection (e), as amended by paragraph (1), is further amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be considered to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the law amended by this section or under any other law, to carry out any provision of law described in paragraph (1). SEC. 4. EFFECTIVE DATE; TRANSITION RULES. (a) Effective Date.--This Act shall take effect on the date of enactment of this Act. (b) Transition Rules.-- (1) Former presidents.--In the case of any individual who is a former President on the date of enactment of this Act, the amendment made by section 2(a) shall be applied as if the commencement date referred in subsection (b)(1)(A) of the section amended by this Act coincided with such date of enactment. (2) Widows.--In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by section 2(b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the section amended by this Act coincided with such date of enactment.

Presidential Allowance Modernization Act - Revises provisions relating to presidential pensions to allow former Presidents an annuity of $200,000 and an additional monetary allowance of $200,000 per year. Reduces such pension by the amount that a President's adjusted gross income in a taxable year exceeds $400,000.  Increases from $20,000 to $100,000 the annual annuity of a surviving spouse of a former President.

Presidential Allowance Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recovery Enhancement for Addiction Treatment Act'' or the ``TREAT Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased five-fold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Opioid addiction is a chronic disease that, untreated, places a large burden on the healthcare system. Roughly 475,000 emergency room visits each year are attributable to the misuse and abuse of opioid pain medication. (5) Effective medication-assisted treatment for opioid addiction can decrease overdose deaths, be cost-effective, reduce transmissions of HIV and viral hepatitis, and reduce other social harms such as criminal activity. (6) Effective medication-assisted treatment programs for opioid addiction should include multiple components, including medications, cognitive and behavioral supports and interventions, and drug testing. (7) Effective medication-assisted treatment programs for opioid addiction may use a team of staff members, in addition to a prescribing provider, to deliver comprehensive care. (8) Access to medication-assisted treatments, including office-based buprenorphine opioid treatment, remains limited in part due to current practice regulations and an insufficient number of providers. (9) More than 10 years of experience in the United States with office-based buprenorphine opioid treatment has informed best practices for delivering successful, high quality care. SEC. 3. EXPANSION OF PATIENT LIMITS UNDER WAIVER. Section 303(g)(2)(B) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(B)) is amended-- (1) in clause (i), by striking ``physician'' and inserting ``practitioner''; (2) in clause (iii)-- (A) by striking ``30'' and inserting ``100''; and (B) by striking ``, unless, not sooner'' and all that follows through the end and inserting a period; and (3) by inserting at the end the following new clause: ``(iv) Not earlier than 1 year after the date on which a qualifying practitioner obtained an initial waiver pursuant to clause (iii), the qualifying practitioner may submit a second notification to the Secretary of the need and intent of the qualifying practitioner to treat an unlimited number of patients, if the qualifying practitioner-- ``(I)(aa) satisfies the requirements of item (aa), (bb), (cc), or (dd) of subparagraph (G)(ii)(I); and ``(bb) agrees to fully participate in the Prescription Drug Monitoring Program of the State in which the qualifying practitioner is licensed, pursuant to applicable State guidelines; or ``(II)(aa) satisfies the requirements of item (ee), (ff), or (gg) of subparagraph (G)(ii)(I); ``(bb) agrees to fully participate in the Prescription Drug Monitoring Program of the State in which the qualifying practitioner is licensed, pursuant to applicable State guidelines; ``(cc) practices in a qualified practice setting; and ``(dd) has completed not less than 24 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) with respect to the treatment and management of opiate-dependent patients for substance use disorders provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause.''. SEC. 4. DEFINITIONS. Section 303(g)(2)(G) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(G)) is amended-- (1) by striking clause (ii) and inserting the following: ``(ii) The term `qualifying practitioner' means the following: ``(I) A physician who is licensed under State law and who meets 1 or more of the following conditions: ``(aa) The physician holds a board certification in addiction psychiatry from the American Board of Medical Specialties. ``(bb) The physician holds an addiction certification from the American Society of Addiction Medicine. ``(cc) The physician holds a board certification in addiction medicine from the American Osteopathic Association. ``(dd) The physician holds a board certification from the American Board of Addiction Medicine. ``(ee) The physician has completed not less than 8 hours of training (through classroom situations, seminar at professional society meetings, electronic communications, or otherwise) with respect to the treatment and management of opiate- dependent patients for substance use disorders provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. ``(ff) The physician has participated as an investigator in 1 or more clinical trials leading to the approval of a narcotic drug in schedule III, IV, or V for maintenance or detoxification treatment, as demonstrated by a statement submitted to the Secretary by this sponsor of such approved drug. ``(gg) The physician has such other training or experience as the Secretary determines will demonstrate the ability of the physician to treat and manage opiate-dependent patients. ``(II) A nurse practitioner or physician assistant who is licensed under State law and meets all of the following conditions: ``(aa) The nurse practitioner or physician assistant is licensed under State law to prescribe schedule III, IV, or V medications for pain. ``(bb) The nurse practitioner or physician assistant satisfies 1 or more of the following: ``(AA) Has completed not fewer than 24 hours of training (through classroom situations, seminar at professional society meetings, electronic communications, or otherwise) with respect to the treatment and management of opiate- dependent patients for substance use disorders provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. ``(BB) Has such other training or experience as the Secretary determines will demonstrate the ability of the nurse practitioner or physician assistant to treat and manage opiate-dependent patients. ``(cc) The nurse practitioner or physician assistant practices under the supervision of a licensed physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy, and-- ``(AA) the supervising physician satisfies the conditions of item (aa), (bb), (cc), or (dd) of subclause (I); or ``(BB) both the supervising physician and the nurse practitioner or physician assistant practice in a qualified practice setting. ``(III) A nurse practitioner who is licensed under State law and meets all of the following conditions: ``(aa) The nurse practitioner is licensed under State law to prescribe schedule III, IV, or V medications for pain. ``(bb) The nurse practitioner has training or experience that the Secretary determines demonstrates specialization in the ability to treat opiate-dependent patients, such as a certification in addiction specialty accredited by the American Board of Nursing Specialties or the National Commission for Certifying Agencies, or a certification in addiction nursing as a Certified Addiction Registered Nurse--Advanced Practice. ``(cc) In accordance with State law, the nurse practitioner prescribes opioid addiction therapy in collaboration with a physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy. ``(dd) The nurse practitioner practices in a qualified practice setting.''; and (2) by adding at the end the following: ``(iii) The term `qualified practice setting' means 1 or more of the following treatment settings: ``(I) A National Committee for Quality Assurance-recognized Patient-Centered Medical Home or Patient-Centered Specialty Practice. ``(II) A Centers for Medicaid & Medicare Services-recognized Accountable Care Organization. ``(III) A clinical facility administered by the Department of Veterans Affairs, Department of Defense, or Indian Health Service. ``(IV) A Behavioral Health Home accredited by the Joint Commission. ``(V) A Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))) or a Federally-qualified health center look- alike. ``(VI) A Substance Abuse and Mental Health Services-certified Opioid Treatment Program. ``(VII) A clinical program of a State or Federal jail, prison, or other facility where individuals are incarcerated. ``(VIII) A clinic that demonstrates compliance with the Model Policy on DATA 2000 and Treatment of Opioid Addiction in the Medical Office issued by the Federation of State Medical Boards. ``(IX) A treatment setting that is part of an Accreditation Council for Graduate Medical Education, American Association of Colleges of Osteopathic Medicine, or American Osteopathic Association-accredited residency or fellowship training program. ``(X) Any other practice setting approved by a State regulatory board or State Medicaid Plan to provide addiction treatment services. ``(XI) Any other practice setting approved by the Secretary.''. SEC. 5. GAO EVALUATION. Two years after the date on which the first notification under clause (iv) of section 303(g)(2)(B) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(B)), as added by this Act, is received by the Secretary of Health and Human Services, the Comptroller General of the United States shall initiate an evaluation of the effectiveness of the amendments made by this Act, which shall include an evaluation of-- (1) any changes in the availability and use of medication- assisted treatment for opioid addiction; (2) the quality of medication-assisted treatment programs; (3) the integration of medication-assisted treatment with routine healthcare services; (4) diversion of opioid addiction treatment medication; (5) changes in State or local policies and legislation relating to opioid addiction treatment; (6) the use of nurse practitioners and physician assistants who prescribe opioid addiction medication; (7) the use of Prescription Drug Monitoring Programs by waived practitioners to maximize safety of patient care and prevent diversion of opioid addiction medication; (8) the findings of Drug Enforcement Agency inspections of waived practitioners, including the frequency with which the Drug Enforcement Agency finds no documentation of access to behavioral health services; and (9) the effectiveness of cross-agency collaboration between Department of Health and Human Services and the Drug Enforcement Agency for expanding effective opioid addiction treatment.

Recovery Enhancement for Addiction Treatment Act or the TREAT Act - Amends the Controlled Substances Act to increase the number of patients that a qualifying practitioner dispensing narcotic drugs for maintenance or detoxification treatment is initially allowed to treat from 30 to 100 patients per year. Allows a qualifying physician, after one year, to request approval to treat an unlimited number of patients under specified conditions, including that he or she: (1) agrees to fully participate in the Prescription Drug Monitoring Program of the state in which the practitioner is licensed, (2) practices in a qualified practice setting, and (3) has completed at least 24 hours of training regarding treatment and management of opiate-dependent patients for substance use disorders provided by specified organizations. Revises the definition of a "qualifying practitioner" to include: (1) a physician who holds a board certification from the American Board of Addiction Medicine; and (2) a nurse practitioner or physicians assistant who is licensed under state law to prescribe schedule III, IV, or V medications for pain, who has specified training or experience that demonstrates specialization in the ability to treat opiate-dependent patients, who practices under the supervision of, or prescribes opioid addiction therapy in collaboration with, a licensed physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy, and who practices in a qualified practice setting. Directs the Comptroller General to initiate an evaluation of the effectiveness of this Act, including an evaluation of: (1) changes in the availability and use of medication-assisted treatment for opioid addiction, (2) the quality of medication-assisted treatment programs, (3) diversion of opioid addiction treatment medication, and (4) changes in state or local policies and legislation relating to opioid addiction treatment.

TREAT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Choice in Real Estate Act''. SEC. 2. CLARIFICATION THAT REAL ESTATE BROKERAGE AND MANAGEMENT ACTIVITIES ARE NOT BANKING OR FINANCIAL ACTIVITIES. (a) Bank Holding Company Act of 1956.--Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)) is amended by adding at the end the following new paragraph: ``(8) Real estate brokerage and real estate management activities.-- ``(A) In general.--The Board may not determine that real estate brokerage activity or real estate management activity is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. ``(B) Real estate brokerage activity defined.--For purposes of this paragraph, the term `real estate brokerage activity' means any activity that involves offering or providing real estate brokerage services to the public, including-- ``(i) acting as an agent for a buyer, seller, lessor, or lessee of real property; ``(ii) listing or advertising real property for sale, purchase, lease, rental, or exchange; ``(iii) providing advice in connection with sale, purchase, lease, rental, or exchange of real property; ``(iv) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; ``(v) negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property (other than in connection with providing financing with respect to any such transaction); ``(vi) engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or broker under any applicable law; and ``(vii) offering to engage in any activity, or act in any capacity, described in clause (i), (ii), (iii), (iv), (v), or (vi). ``(C) Real estate management activity defined.--For purposes of this paragraph, the term `real estate management activity' means any activity that involves offering or providing real estate management services to the public, including-- ``(i) procuring any tenant or lessee for any real property; ``(ii) negotiating leases of real property; ``(iii) maintaining security deposits on behalf of any tenant or lessor of real property (other than as a depository institution for any person providing real estate management services for any tenant or lessor of real property); ``(iv) billing and collecting rental payments with respect to real property or providing periodic accounting for such payments; ``(v) making principal, interest, insurance, tax, or utility payments with respect to real property (other than as a depository institution or other financial institution on behalf of, and at the direction of, an account holder at the institution); ``(vi) overseeing the inspection, maintenance, and upkeep of real property, generally; and ``(vii) offering to engage in any activity, or act in any capacity, described in clause (i), (ii), (iii), (iv), (v), or (vi). ``(D) Exception for company property.--This paragraph shall not apply to an activity of a bank holding company or any affiliate of such company that directly relates to managing any real property owned by such company or affiliate, or the purchase, sale, or lease of property owned, or to be used or occupied, by such company or affiliate.''. (b) Revised Statutes of the United States.--Section 5136A(b) of the Revised Statutes of the United States (12 U.S.C. 24a(b)) is amended by adding at the end the following new paragraph: ``(4) Real estate brokerage and real estate management activities.-- ``(A) In general.--The Secretary may not determine that real estate brokerage activity or real estate management activity is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. ``(B) Definitions.--For purposes of this paragraph, the terms `real estate brokerage activity' and `real estate management activity' have the same meanings as in section 4(k)(8) of the Bank Holding Company Act of 1956. ``(C) Exception for company property.--This paragraph shall not apply to an activity of a national bank, or a subsidiary of a national bank, that directly relates to managing any real property owned by such bank or subsidiary, or the purchase, sale, or lease of property owned, or to be owned, by such bank or subsidiary.''.

Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956 and the Revised Statutes of the United States to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from making a determination that real estate brokerage activity or real estate management activity is an activity that is either financial in nature or incidental to any financial activity, or is complementary to a financial activity.

A bill to amend the Bank Holding Company Act of 1956, and the Revised Statutes of the United States to prohibit financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Information Health Insurance Nondiscrimination Act of 1996''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) In General.-- (1) Application to insurers.--An insurer may not deny, cancel, or refuse to renew health insurance coverage, may not vary the premiums, terms, or conditions for health insurance coverage, and may not otherwise discriminate with respect to an individual with respect to health insurance coverage-- (A) on the basis of genetic information, or (B) on the basis of the request for, or receipt of, genetic information or a genetic test. (2) Application to group health plans.--A group health plan may not establish rules relating to who may be a participant or beneficiary with respect to the plan, may not vary the premiums, terms, or conditions for benefits under the plan, and otherwise may not otherwise discriminate with respect to a participant or beneficiary under the plan-- (A) on the basis of genetic information, or (B) on the basis of the request for, or receipt of, genetic information or a genetic test. (b) Limitation on Collection and Disclosure of Genetic Information.-- (1) Limitation on collection.--An insurer may not request or require an individual to whom the insurer provides health insurance coverage (or an individual who desires the insurer to provide health insurance coverage), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. (2) Restriction on disclosure.--Subject to paragraph (3), an insurer or group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- (A) a description of the information being disclosed, (B) the name of the individual or person to whom the disclosure is being made, and (C) the purpose of the disclosure. Such authorization is required for each disclosure. (3) Exceptions to disclosure restriction.--Genetic information concerning an individual may be disclosed by an insurer or group health plan if such disclosure-- (A) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (B) is required under the specific order of a court; (C) is authorized under law for the purpose of establishing paternity; (D) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or (E) is for the purpose of identifying a body. (c) Disclosure of Rights.--Each insurer and group health plan shall provide for disclosure of the rights under this section in such manner as the Secretary may require. (d) Enforcement.-- (1) Insurers.-- (A) Enforcement by state insurance commissioner.-- (i) In general.--The requirements established under subsections (a), (b), and (c) insofar as they apply to insurers shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State. (ii) Enforcement plan.--Each State shall require that an insurer offering or renewing health insurance coverage in such State meet such requirements pursuant to an enforcement plan filed by the State with the Secretary. (B) Enforcement by secretary.--In the case of the failure of a State to file such a plan or substantially enforce the plan, the Secretary shall implement an enforcement plan in such State. Under the Secretary's enforcement plan, each insurer operating in such State that violates a requirement of subsection (a), (b), or (c) shall be subject to civil enforcement under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974. For purposes of applying the previous sentence, any reference in the sections referred to in such sentence to the Secretary of Labor is deemed a reference to the Secretary of Health and Human Services. (2) Group health plans.--With respect to group health plans, the Secretary of Labor shall enforce the requirements established under subsections (a), (b), and (c) in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974. (2) Private right of action.--A person may bring a civil action-- (A) to enjoin any act or practice which violates subsection (a) or (b), (B) to obtain other appropriate equitable relief (i) to redress such violations, or (ii) to enforce any such subsections, or (C) to obtain other legal relief, including monetary damages. (3) Jurisdiction.--State courts of competent jurisdiction and district courts of the United States have concurrent jurisdiction of actions under this subsection. The district courts of the United States shall have jurisdiction, without respect to the amount in controversy or the citizenship of the parties, to grant the relief provided for in paragraph (2) in any action. (4) Venue.--For purposes of this subsection the venue provisions of section 1391 of title 28, United States Code, shall apply. (5) Regulations.--The Secretary and the Secretary of Labor (in consultation with the Secretary in relation to the application of this section with respect to group health plans) may promulgate such regulations as may be necessary or appropriate to carry out this section. (e) Applicability.-- (1) Preemption of state law.--A State may establish or enforce requirements for insurers or health insurance coverage with respect to the subject matter of this section, but only if such requirements are not less restrictive than the requirements established under subsections (a), (b), and (c). (2) Rule of construction.--Nothing in this section shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974. (3) Continuation.--Nothing in this section shall be construed as requiring a group health plan to provide benefits to a particular participant or beneficiary. (f) Definitions.--For purposes of this Act: (1) Genetic information.--The term ``genetic information'' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood- relative of the individual. (2) Genetic test.--The term ``genetic test'' means a test for determining the presence or absence of genetic characteristics in an individual. (3) Group health plan.--The term ``group health plan means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974) that provides or pays for medical benefits whether directly, through insurance, or otherwise. (4) Health insurance coverage.--The term ``health insurance coverage'' means a contractual arrangement for the provision of, or payment for, health care, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract and including such an arrangement in connection with a group health plan. (5) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization (including a health maintenance organization) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2)) and which provides health insurance coverage. Such term does not include a group health plan. (6) Participant; beneficiary.--The terms ``participant'' and ``beneficiary'' have the meanings given such terms in paragraphs (7) and (8), respectively, of section 3 of the Employee Retirement Income Security Act of 1974. (7) Secretary.--Except as specifically provided, the term ``Secretary'' means the Secretary of Health and Human Services. (8) State.--The term ``State'' includes the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Guam. (g) Authorization of Funding Under ERISA.--Section 508 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1138) is amended by inserting ``and under the Genetic Information Health Insurance Nondiscrimination Act of 1996'' before the period. (h) Effective Date.--This section shall apply to health insurance coverage offered or renewed and to group health plans after the end of the 90-day period beginning on the date of the enactment of this Act.

Genetic Information Health Insurance Nondiscrimination Act of 1996 - Prohibits health insurance and group health plan discrimination on the basis of genetic information or on the basis of a request for, or receipt of, genetic information or a genetic test. Regulates the collection and disclosure of genetic information by insurers. Provides for enforcement, including fallback enforcement under the Employee Retirement Income Security Act of 1974 (ERISA). Amends ERISA to allow amounts appropriated under the Act to be used to carry out this Act.

Genetic Information Health Insurance Nondiscrimination Act of 1996

[Congressional Bills 112th Congress] [From the U.S. Government Publishing Office] [S. 235 Introduced in Senate (IS)] 112th CONGRESS 1st Session S. 235 To provide personal jurisdiction in causes of action against contractors of the United States performing contracts abroad with respect to members of the Armed Forces, civilian employees of the United States, and United States citizen employees of companies performing work for the United States in connection with contractor activities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 31, 2011 Mrs. McCaskill (for herself, Mr. Whitehouse, Ms. Collins, Mr. Casey, and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To provide personal jurisdiction in causes of action against contractors of the United States performing contracts abroad with respect to members of the Armed Forces, civilian employees of the United States, and United States citizen employees of companies performing work for the United States in connection with contractor activities, and for other purposes. SECTION 1. SHORT TITLE. This Act may be cited as the ``Lieutenant Colonel Dominic `Rocky' Baragona Justice for American Heroes Harmed by Contractors Act''. SEC. 2. DEBARMENT OR SUSPENSION OF UNITED STATES GOVERNMENT CONTRACTORS FOR EVASION OF PROCESS OR FAILURE TO APPEAR IN ACTIONS IN CONNECTION WITH GOVERNMENT CONTRACTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code, shall amend the Federal Acquisition Regulation to provide that a contractor with the United States may be debarred or suspended from contracting with the United States if-- (1) the contractor evades service of process in any civil action or criminal prosecution brought against the contractor by the United States or a citizen or national of the United States in connection with an obligation under the terms of the contract; or (2) the contractor refuses or fails to appear before a Federal court in a matter brought against the contractor by the United States or a citizen or national of the United States in connection with an obligation under the terms of the contract. (b) Applicability.--The amendments to the Federal Acquisition Regulation made under subsection (a) shall apply to any action of a contractor that occurs on or after the effective date of the amendments. (c) Rule of Construction.--Nothing in this section shall be construed to limit the ability of a contractor to assert any settled right under the Constitution of the United States. SEC. 3. PERSONAL JURISDICTION IN COVERED CIVIL ACTIONS BY MEMBERS OF THE ARMED FORCES, CIVILIAN EMPLOYEES OF THE UNITED STATES, AND UNITED STATES CITIZEN EMPLOYEES OF COMPANIES PERFORMING WORK FOR THE UNITED STATES AGAINST ENTITIES UNDER UNITED STATES GOVERNMENT CONTRACTS PERFORMED ABROAD. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code, shall amend the Federal Acquisition Regulation to require that any covered contract-- (1) requires that the contractor consent to personal jurisdiction over the contractor in accordance with paragraphs (3) through (5) with respect to any covered civil action, including a covered civil action against 1 or more employees of the contractor for which the contractor may be liable under theories of vicarious liability; (2) specifies that consent to personal jurisdiction under paragraph (1) shall not operate to deprive or terminate personal jurisdiction of the contractor in any court that otherwise has personal jurisdiction under another provision of law; (3) requires the contractor to consent to personal jurisdiction in the United States District Court for the District of Columbia for a covered civil action in which-- (A) the events giving rise to the cause of action occurred outside the United States; and (B) personal jurisdiction cannot be established in another Federal court; and (4) if the covered contract was awarded to a contractor that does not maintain an office in the United States, requires that the contractor designate an agent located in the United States for service of process in any covered civil action; and (5) requires that-- (A) except as provided in subparagraph (B), any covered civil action shall be analyzed in accordance with the laws of the United States; and (B) the substantive law of the State (including the District of Columbia) in which the covered civil action is brought shall be the law applicable to a covered civil action if-- (i) the substantive law otherwise applicable to the covered civil action would be the law of the location where the events giving rise to the cause action occurred; and (ii) the location is designated as a hazardous duty zone by the Secretary of Defense. (b) Applicability.--The amendments to the Federal Acquisition Regulation made under subsection (a) shall apply with respect to any covered contract that is entered into on or after the effective date of the amendments under subsection (a). SEC. 4. PERSONAL JURISDICTION FOR ACTIONS BROUGHT BY THE UNITED STATES GOVERNMENT ALLEGING WRONGDOING UNDER UNITED STATES GOVERNMENT CONTRACTS PERFORMED ABROAD. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code, shall amend the Federal Acquisition Regulation to require that any covered contract-- (1) requires that the contractor consent to personal jurisdiction over the contractor by the Federal courts with respect to any action brought by the United States alleging wrongdoing associated with the performance of the covered contract; (2) specifies that consent to personal jurisdiction under paragraph (1) shall not operate to deprive or terminate personal jurisdiction of the contractor in any other court that has personal jurisdiction under another provision of law; (3) requires the contractor to consent to personal jurisdiction in the United States District Court for the District of Columbia for any action described in paragraph (1) in which-- (A) the events giving rise to the cause of action occurred outside the United States; and (B) personal jurisdiction cannot be established in another Federal court; and (4) if the covered contract was awarded to a contractor that does not maintain an office in the United States, requires that the contractor designate an agent located in the United States for service of process in any action described in paragraph (1). (b) Applicability.--The amendments to the Federal Acquisition Regulation made under subsection (a) shall apply with respect to any covered contract that is entered into on or after the effective date of the amendments under subsection (a). (c) Rule of Construction.--Nothing in this section shall be construed to limit any other jurisdictional basis for a civil action against or criminal prosecution of a contractor. SEC. 5. SAVINGS CLAUSE. Nothing in this Act shall be construed to limit any cause of action or remedy under any other provision of law. SEC. 6. DEFINITIONS. In this Act: (1) Contractor.--The term ``contractor'', with respect to a contract, includes the contractor under the contract, any subcontractor under the contract, any subordinate contractor under the contract, any subsidiary, parent company, or successor entity of the contractor formed to act as a successor in interest of the contractor, and any employee thereof performing work under or in connection with the contract. (2) Covered civil action.--The term ``covered civil action'' means a civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces of the United States, civilian employee of the United States, or employee of a company performing work arising out of the performance of the covered contract for the United States who is a citizen or national of the United States. (3) Covered contract.--The term ``covered contract''-- (A) means a contract-- (i) for work to be performed outside the United States that is awarded or entered into by the United States (including any executive department, independent establishment, or agency thereof); and (ii) with a value of not less than $5,000,000; and (B) includes any subcontract or subordinate contract under a contract described in subparagraph (A). (4) Rape.--The term ``rape'' means conduct that would violate section 920(a) of title 10, United States Code (article 120(a) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (5) Serious bodily injury.--The term ``serious bodily injury'' has the meaning given that term in section 1365 of title 18, United States Code. (6) Sexual assault.--The term ``sexual assault'' means conduct that would violate section 920(c), (h), or (m) of title 10, United States Code (article 120(c), (h), or (m) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (7) United states.--The term ``United States'', in a geographic sense-- (A) means the several States and the District of Columbia; and (B) does not include any military installation or facility located outside the area described in subparagraph (A).

Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to: (1) permit the debarment or suspension of U.S. government contractors for evading service of process in civil or criminal proceedings brought against them by a U.S. citizen or national in connection with a contract obligation, or for failing to appear in federal court in such proceedings; and (2) require such contractors performing federal contracts of $5 million or more outside the United States to consent to personal jurisdiction over them by the federal courts in any future action brought by the United States alleging wrongdoing associated with contract performance and in any future civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces, a federal civilian employee, or an employee of a company performing work for the United States who is a U.S. citizen or national.

A bill to provide personal jurisdiction in causes of action against contractors of the United States performing contracts abroad with respect to members of the Armed Forces, civilian employees of the United States, and United States citizen employees of companies performing work for the United States in connection with contractor activities, and for other purposes.

SECTION 1. PART-TIME REEMPLOYMENT. (a) Civil Service Retirement System.--Section 8344 of title 5, United States Code, is amended-- (1) by redesignating subsection (l) as subsection (m); (2) by inserting after subsection (k) the following: ``(l)(1)(A) For purposes of this subsection-- ``(i) the term `agency' means-- ``(I) an Executive agency; ``(II) the United States Postal Service; ``(III) the judicial branch; and ``(IV) any employing entity covered by subsection (k); and ``(ii) the term `limited time appointee' means an annuitant appointed under a temporary appointment limited to 1 year or less. ``(B) The head of an agency, in the case of an agency described in subclause (III) or (IV) of subparagraph (A)(i), shall be determined in the same manner as provided for under subsection (j) or (k), respectively. ``(2) The head of any agency may waive the application of subsection (a) or (b) with respect to any annuitant who is employed in such agency as a limited time appointee. ``(3) The head of any agency may not waive the application of subsection (a) or (b) with respect to an annuitant-- ``(A) for more than 520 hours of service performed by such annuitant during the period ending 6 months following the individual's annuity commencing date; ``(B) for more than 1040 hours of service performed by such annuitant during any 12-month period; or ``(C) for more than 6240 hours of service performed by such annuitant during the individual's lifetime. ``(4)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection. ``(B) Any regulations promulgated under subparagraph (A) may-- ``(i) provide standards for the maintenance and form of necessary records of employment under this subsection; ``(ii) to the extent not otherwise expressly prohibited by law, require employing organizations to provide records of such employment to the Office of Personnel Management or other employing organizations as necessary to ensure compliance with paragraph (3); ``(iii) permit other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B); and ``(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection.''; and (3) in subsection (m) (as so redesignated)-- (A) in paragraph (1), by striking ``(k)'' and inserting ``(l)''; and (B) in paragraph (2), by striking ``or (k)'' and inserting ``(k), or (l)''. (b) Federal Employee Retirement System.--Section 8468 of title 5, United States Code, is amended-- (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following: ``(i)(1)(A) For purposes of this subsection-- ``(i) the term `agency' means-- ``(I) an Executive agency; ``(II) the United States Postal Service; ``(III) the judicial branch; and ``(IV) any employing authority covered by subsection (h); and ``(ii) the term `limited time appointee' means an annuitant appointed under a temporary appointment limited to 1 year or less. ``(B) The head of an agency, in the case of an agency described in subclause (III) or (IV) of subparagraph (A)(i), shall be determined in the same manner as provided for under subsection (g) or (h), respectively; and ``(2) The head of any agency may waive the application of subsection (a) with respect to any annuitant who is employed in such agency as a limited time appointee. ``(3) The head of any agency may not waive the application of subsection (a) with respect to an annuitant-- ``(A) for more than 520 hours of service performed by such annuitant during the period ending 6 months following the individual's annuity commencing date; ``(B) for more than 1040 hours of service performed by such annuitant during any 12-month period; or ``(C) for more than 6240 hours of service performed by such annuitant during the individual's lifetime. ``(4)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection. ``(B) Any regulations promulgated under subparagraph (A) may-- ``(i) provide standards for the maintenance and form of necessary records of employment under this subsection; ``(ii) to the extent not otherwise expressly prohibited by law, require employing organizations to provide records of such employment to the Office or other employing organizations as necessary to ensure compliance with paragraph (3); ``(iii) permit other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B); and ``(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for effective operation of, or to ensure compliance with, this subsection.''; and (3) in subsection (j) (as so redesignated)-- (A) in paragraph (1), by striking ``(h)'' and inserting ``(i)''; and (B) in paragraph (2), by striking ``or (h)'' and inserting ``(h), or (i)''. (c) Technical and Conforming Amendments.--Section 1005(d)(2) of title 39, United States Code, is amended-- (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

Allows a federal agency head to waive the application of civil service retirement system and federal employee retirement system provisions restricting annuities and pay upon reemployment with respect to an annuitant employed as a limited time appointee, but prohibits waiving such provisions with respect to an annuitant for more than: (1) 520 hours of service performed during the six months following the individual's annuity commencing date; (2) 1040 hours of service performed during any 12-month period; or (3) 6240 hours of service performed during the individual's lifetime.

A bill to facilitate the part-time reemployment of annuitants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Teacher Housing Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) housing for teachers, administrators, other school staff, and the households of such staff in remote and rural areas of the State of Alaska is often substandard, if available at all; (2) teachers, administrators, other school staff, and the households of such staff are often forced to find alternate shelter, sometimes even in school buildings; and (3) rural school districts in the State of Alaska face increased challenges, including meeting the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), in recruiting employees due to the lack of affordable, quality housing. (b) Purpose.--The purpose of this Act is to provide habitable living quarters for teachers, administrators, other school staff, and the households of such staff in rural areas of the State of Alaska located in or near Alaska Native villages. SEC. 3. DEFINITIONS. In this Act: (1) Alaska housing finance corporation.--The term ``Alaska Housing Finance Corporation'' means the State housing authority for the State of Alaska created under the laws of the State of Alaska (or a successor authority). (2) Elementary school.--The term ``elementary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Eligible school district.--The term ``eligible school district'' means a public school district (as defined under the laws of the State of Alaska) located in the State of Alaska that operates 1 or more schools in a qualified community. (4) Native village.-- (A) In general.--The term ``Native village'' has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (B) Inclusion.--The term ``Native village'' includes the Metlakatla Indian Community of the Annette Islands Reserve. (5) Other school staff.--The term ``other school staff'' means-- (A) pupil services personnel; (B) librarians; (C) career guidance and counseling personnel; (D) education aides; and (E) other instructional and administrative school personnel. (6) Qualified community.--The term ``qualified community'' means a home rule city or a general law city incorporated under the laws of the State of Alaska, or an unincorporated community (as defined under the laws of the State of Alaska) in the State of Alaska located outside the boundaries of such a city, that, as determined by the Alaska Housing Finance Corporation-- (A) has a population of not greater than 6,500 individuals; (B) is located in or near a Native village; and (C) is not connected by road or railroad to the municipality of Anchorage, Alaska, excluding any connection-- (i) by the Alaska Marine Highway System created under the laws of the State of Alaska; or (ii) that requires travel by road through Canada. (7) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Teacher.--The term ``teacher'' means an individual who-- (A) is employed as a teacher in a public elementary school or secondary school; and (B) meets the teaching certification or licensure requirements of the State of Alaska. (10) Tribally designated housing entity.--The term ``tribally designated housing entity'' has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (11) Village corporation.-- (A) In general.--The term ``Village Corporation'' has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (B) Inclusions.--The term ``Village Corporation'' includes, as defined in section 3 of that Act (43 U.S.C. 1602)-- (i) Urban Corporations; and (ii) Group Corporations. SEC. 4. RURAL TEACHER HOUSING PROGRAM. (a) In General.--The Secretary shall provide funds to the Alaska Housing Finance Corporation in accordance with regulations promulgated under section 5 for use in accordance with subsection (b). (b) Use of Funds.-- (1) In general.--The Alaska Housing Finance Corporation shall use funds provided under subsection (a) to provide grants and loans to eligible school districts for use in accordance with paragraph (2). (2) Use of funds by eligible school districts.--An eligible school district shall use a grant or loan under paragraph (1) for-- (A) the construction of new housing units in a qualified community; (B) the purchase and rehabilitation of existing structures to be used as housing units in a qualified community; (C) the rehabilitation of housing units in a qualified community; (D) the leasing of housing units in a qualified community; (E) purchasing or leasing real property on which housing units will be constructed, purchased, or rehabilitated in a qualified community; (F) the repayment of a loan to-- (i) construct, purchase, or rehabilitate housing units; (ii) purchase real property on which housing units will be constructed, purchased, or rehabilitated in a qualified community; or (iii) carry out an activity described in subparagraph (G); and (G) any other activity normally associated with the construction, purchase, or rehabilitation of housing units, or the purchase or lease of real property on which housing units will be constructed, purchased, or rehabilitated, in a qualified community, including-- (i) connecting housing units to a utility; (ii) preparing construction sites; (iii) transporting any equipment or material necessary for the construction or rehabilitation of housing units to and from the site on which the housing units are or will be constructed; and (iv) carrying out an environmental assessment and remediation of a construction site or a site on which housing units are located. (c) Ownership of Housing and Land.-- (1) In general.--Any housing unit constructed, purchased, or rehabilitated, and any real property purchased, using a grant or loan provided under this section shall be considered to be owned, as the Secretary determines to be appropriate, by-- (A) the affected eligible school district; (B) the affected municipality, as defined under the laws of the State of Alaska; (C) the affected Village Corporation; (D) the Metlakatla Indian Community of the Annette Islands Reserve; or (E) a tribally designated housing entity. (2) Transfer of ownership.--Ownership of a housing unit or real property under paragraph (1) may be transferred between the entities described in that paragraph. (d) Occupancy of Housing Units.-- (1) In general.--Except as provided in paragraphs (2) and (3), each housing unit constructed, purchased, rehabilitated, or leased using a grant or loan under this section shall be occupied by-- (A)(i) a teacher; (ii) an administrator; or (iii) other school staff; and (B) the household of an individual described in subparagraph (A), if any. (2) Nonsession months.--A housing unit constructed, purchased, rehabilitated, or leased using a grant or loan under this section may be occupied by an individual other an individual described in paragraph (1) only during a period in which school is not in session. (3) Temporary occupants.--A vacant housing unit constructed, purchased, rehabilitated, or leased using a grant or loan under this section may be occupied by a contractor or guest of an eligible school district for a period to be determined by the Alaska Housing Finance Corporation, by regulation. (e) Compliance With Law.--An eligible school district that receives a grant or loan under this section shall ensure that each housing unit constructed, purchased, rehabilitated, or leased using the grant or loan complies with applicable laws (including regulations and ordinances). (f) Program Policies.-- (1) In general.--The Alaska Housing Finance Corporation, in consultation with any appropriate eligible school district, shall establish policies governing the administration of grants and loans under this section, including a method of ensuring that funds are made available on an equitable basis to eligible school districts. (2) Revisions.--Not less frequently than once every 3 years, the Alaska Housing Finance Corporation, in consultation with any appropriate eligible school district, shall take into consideration revisions to the policies established under paragraph (1). SEC. 5. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2007 through 2016. (b) Administrative Expenses.--Each of the Secretary and the Alaska Housing Finance Corporation shall use not more than 5 percent of funds appropriated during a fiscal year to pay administrative expenses incurred in carrying out this Act.

Rural Teacher Housing Act of 2005 - Requires the Secretary of Housing and Urban Development (HUD) to provide funds to the Alaska Housing Finance Corporation to make grants or loans to a school district located within a qualified community for: (1) construction of new housing units within the community, and the purchase and rehabilitation of existing structures to be used as such; (2) rehabilitation or leasing of housing units within a qualified community and the purchase or lease of real property on which such housing units will be constructed, purchased, or rehabilitated; and (3) repayment of a loan used for such purposes or any other activities normally associated with them. Defines qualified community as a home rule or general law city incorporated under the laws of Alaska, or an unincorporated community situated outside the city limits, which: (1) has a population of 6,500 or fewer individuals; (2) is situated within or near a Native Village that includes the Metlakatla Indian Community of the Annette Islands Reserve; and (3) is not connected by road (except the Alaska Marine Highway System or a road through Canada) or railroad to the municipality of Anchorage, Alaska. Requires occupants of such housing units, with certain exceptions, to be teachers, administrators, other school staff, and members of their households.

A bill to provide habitable living quarters for teachers, administrators, and other school staff, and their households, in rural areas of Alaska located in or near Alaska Native villages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Fund for Ireland Enhancement Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has been effectively engaged in the Northern Ireland peace process by participating in negotiations and contributing to the economic development of both Northern Ireland and the border areas of the Republic of Ireland that are affected by the conflict in Northern Ireland. (2) The Government of Ireland, the Irish people, the Government of the United Kingdom, and the British people are longstanding friends of the United States Government and the people of the United States. (3) In 1986, the United States, in support of the Agreement Between the Government of Ireland and the Government of the United Kingdom dated November 15, 1985 (``Anglo-Irish Agreement''), established the International Fund for Ireland (``International Fund'') to help bolster economic development and support programs that would foster peace and reconciliation in Northern Ireland and the affected border areas of the Republic of Ireland. (4) The United States has been a generous and faithful donor to the International Fund, contributing more than $386,000,000 to help improve relations between Catholics and Protestants in Northern Ireland through the creation of thousands of jobs and the development of business opportunities that allow Catholics and Protestants to work together. (5) More than 80 percent of the International Fund's investments have been in disadvantaged areas. Programs funded by the investments offer work experience and important job training programs to disadvantaged and unemployed youth through the economic, social, and physical regeneration of such areas. (6) The International Fund has also developed a series of community-building programs promoting greater dialogue and understanding between Catholics and Protestants and leadership programs designed to develop a new generation of leaders in Northern Ireland to bring about a more peaceful and prosperous future in the region. (7) Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947), states that the purpose of the contributions from the United States to the International Fund is to support the promotion of ``reconciliation in Northern Ireland and the establishment of a society in Northern Ireland in which all may live in peace, free from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government''. (8) Assistance from the United States to the International Fund has contributed greatly to the economic development of Northern Ireland and to accomplishing the objectives of the Anglo-Irish Agreement Support Act of 1986, namely economic development and reconciliation, which are critical to achieving a just and lasting peace in the region, especially in the economically depressed areas of Northern Ireland. (9) The Agreement Reached in the Multi-Party Negotiations in Belfast on April 10, 1998 (the ``Good Friday Agreement'') created the Northern Ireland Executive Assembly and Executive Committee and provided for a ``democratically elected Assembly in Northern Ireland which is inclusive in its membership, capable of exercising executive and legislative authority, and subject to safeguards to protect the rights and interests of all sides of the community''. (10) The Good Friday Agreement also called for police reform and establishment of a ``new beginning'' in policing in Northern Ireland with an effective, accountable, and fair police service, which is capable of attracting and sustaining support from the community as a whole, capable of maintaining law and order, and based on principles of protection of human rights. (11) In 1999, the Independent Commission on Policing in Northern Ireland, a commission required by the Good Friday Agreement, made 175 recommendations for policing reform in Northern Ireland, some of which have been implemented. (12) In 2002, the Department of State issued a report required by section 701(d) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1419), called the ``Report on Policing Reform and Human Rights in Northern Ireland''. The report concluded that a new police training facility and an increase in funding for police training programs were critically needed in Northern Ireland. SEC. 3. AMENDMENTS TO THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986. (a) Sense of Congress.--It is the sense of Congress that-- (1) Assistance from the United States for the International Fund for Ireland (``International Fund'') has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947), namely economic development and reconciliation, remain critical to achieving a just and lasting peace in the region, especially in the economically-depressed areas; and (2) since policing reform is a significant part of winning public confidence in and acceptance of the new form of government in Northern Ireland, the International Fund is encouraged to support programs that enhance relations between communities and enhance relations between the police and the communities they serve, promote human rights training for police, and enhance peaceful mediation in neighborhoods of continued conflict. (b) Amendments.-- (1) Findings and purposes.--Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the end the following new sentence: ``Furthermore, the International Fund is encouraged to support programs that enhance relations between communities and enhance relations between the police and the communities they serve, promote human rights training for police, enhance peaceful mediation in neighborhoods of continued conflict, promote training programs to enhance the new district partnership police boards recommended by the Patten Commission, and assist in the transition of former British military installations and prisons into sites for peaceful, community- supported activities, such as housing, retail, and commercial development.''. (2) United states contributions to the international funds.--Section 3 of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the end, the following new subsection: ``(c) Fiscal Years 2006 and 2007.--Of the amounts made available for fiscal years 2006 and 2007 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund), there are authorized to be appropriated $20,000,000 for each such fiscal year for United States contributions to the International Fund. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are authorized to remain available until expended. Of the amount authorized to be appropriated for fiscal years 2006 and 2007 under this subsection, it is the sense of Congress that not less than 35 percent of such amount for each such fiscal year should be used to carry out the last sentence of section 2(b).''. (c) Annual Reports.--Section 6(1) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by inserting before the semicolon the following: ``, specifically through improving local community relations and relations between the police and the people they serve''.

International Fund for Ireland Enhancement Act of 2005 - Expresses the sense of Congress that: (1) U.S. assistance for the International Fund for Ireland has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act of 1986, economic development and reconciliation, remain critical to achieving peace in the region, especially in the economically-depressed areas; and (2) the Fund is encouraged to support programs that enhance relations between communities and enhance relations between the police and the communities they serve, promote human rights training for police, and enhance peaceful mediation in neighborhoods of continued conflict. Amends the Anglo-Irish Agreement Support Act of 1986 to encourage the Fund to support programs that: (1) enhance relations between communities, and between the police and the communities they serve; (2) promote human rights training for police; (3) enhance peaceful mediation in neighborhoods of continued conflict; (4) promote training programs to enhance the new district partnership police boards recommended by the Patten Commission; and (5) assist in the transition of former British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development. Authorizes FY2006-FY2007 appropriations for U.S. contributions to the Fund. Expresses the sense of Congress that at least 35% of such amount for each such fiscal year should be used to carry out programs to improve local community relations and relations between the police and the people they serve.

A bill to authorize appropriations for fiscal years 2006 and 2007 for United States contributions to the International Fund for Ireland, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Job Opportunities Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Since the beginning of 2001, the private sector has lost more than 3 million jobs. (2) The number of unemployed has risen in 49 states and national unemployment levels are over 6 percent, the highest in nearly a decade. (3) Today, 9.4 million people are out of work and an additional 4.5 million people work part-time because they are unable to find a full-time job. (4) In addition, by the year 2010 there will be an estimated shortage of 12 million workers with at least some college education. (5) Sixty-eight percent of the fastest growing jobs require at least some college education. (b) Purpose.--It is the purpose of this Act to establish a temporary emergency program to assist workers who have been laid off and who require immediate education and training to successfully re- enter the workforce. SEC. 3. POSTSECONDARY EDUCATION BENEFITS FOR DISLOCATED WORKERS. Subpart 1 of part A of title IV of the Higher Education Act of 1965 is amended by inserting after section 401 (20 U.S.C. 1070a) the following new section: ``SEC. 401A. JOB OPPORTUNITY GRANTS. ``(a) Definitions.--For purposes of this section, the term `eligible unemployed individual' means an individual who-- ``(1) was, on or after March 1, 2001, employed full-time or part-time; ``(2) became unemployed after such date; and ``(3) on the date of application for a grant under this section, has been unemployed for at least 3 months in the preceding 6 months. ``(b) Benefits Authorized.-- ``(1) Program authority and method of distribution.--For each fiscal year through fiscal year 2009, the Secretary shall pay to each eligible institution such sums as may be necessary to pay to each eligible unemployed individual for each academic year during which that individual is in attendance at an institution of higher education, as an undergraduate, a Job Assistance Grant in the amount for which that individual is eligible, as determined pursuant to subsection (c). Not less than 85 percent of such sums shall be advanced to eligible institutions prior to the start of each payment period and shall be based upon an amount requested by the institution as needed to pay eligible unemployed individuals until such time as the Secretary determines and publishes in the Federal Register with an opportunity for comment, an alternative payment system that provides payments to institutions in an accurate and timely manner, except that this sentence shall not be construed to limit the authority of the Secretary to place an institution on a reimbursement system of payment. ``(2) Direct payments permitted.--Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to eligible unemployed individuals, in advance of the beginning of the academic term, an amount for which they are eligible, in cases where the eligible institution elects not to participate in the disbursement system required by paragraph (1). ``(3) Name of grants.--Grants made under this section shall be known as `Job Opportunities Grants'. ``(c) Purpose and Amount of Grants.-- ``(1) Purpose.--The Jobs Opportunities Grants program is a temporary emergency program established to assist American workers who have been laid off and who require additional education and training to successfully re-enter the workforce. ``(2) Maximum grants.-- ``(A) In general.--The amount of the Job Assistance Grant for an eligible unemployed individual under this section shall be the sum of the individual's tuition and fees not to exceed for any award year the maximum Pell Grant under section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) for such award year. ``(B) Part time attendance.--In any case where an eligible unemployed individual attends an institution of higher education on less than a full-time basis (including an individual who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the Job Assistance Grant to which that student is entitled shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this division, computed in accordance with this section. Such schedule of reductions shall be established by regulation and published in the Federal Register. ``(3) Minimum grant.--No Job Assistance Grant shall be awarded to an individual under this section if the amount of that grant for that student as determined under this subsection for any academic year is less than $400, except that an individual who is eligible for a Job Assistance Grant that is equal to or greater than $200 but less than $400 shall be awarded a Job Assistance Grant of $400. ``(4) Multiple grants.-- ``(A) The Secretary may allow, on a case-by-case basis, an individual to receive 2 Job Opportunities Grants during a single award year, if-- ``(i) the student is enrolled full-time in an associate or baccalaureate degree program of study that is 2 years or longer at an eligible institution that is computed in credit hours; and ``(ii) the student completes course work toward completion of an associate or baccalaureate degree that exceeds the requirements for a full academic year as defined by the institution. ``(B) The Secretary shall promulgate regulations implementing this paragraph. ``(d) Period of Eligibility for Grants.-- ``(1) In general.--The period during which an individual may receive Job Opportunities Grants shall be the 5 academic years. ``(2) Multiple institution grants prohibited.--No student is entitled to receive Job Assistance Grant payments concurrently from more than one institution or from the Secretary and an institution. ``(e) Applications for Grants.--The Secretary shall from time to time set dates by which eligible unemployed individuals shall file applications for Job Opportunities Grants under this section. Each such individual desiring a Job Assistance Grant for any year shall file an application therefor containing such information and assurances as the Secretary may deem necessary to enable the Secretary to carry out the functions and responsibilities of this section. The Secretary shall grant or deny an application for a Job Assistance Grant within 3 months after the date on which it is submitted. ``(f) Distribution of Grants to Students.--Payments under this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purpose of this section. Any disbursement allowed to be made by crediting the eligible unemployed individual's account shall be limited to tuition and fees and, in the case of institutionally owned housing, room and board. The student may elect to have the institution provide other such goods and services by crediting the student's account. ``(g) Insufficient Appropriations.--If, for any fiscal year, the funds appropriated for payments under this section are insufficient to satisfy fully all entitlements, as calculated under subsection (c) (but at the maximum grant level specified in such appropriation), the Secretary shall promptly transmit a notice of such insufficiency to each House of the Congress, and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements (as so calculated at such maximum grant level). ``(h) Use of Excess Funds.-- ``(1) If, at the end of a fiscal year, the funds available for making payments under this section exceed the amount necessary to make the payments required under this section to eligible students by 15 percent or less, then all of the excess funds shall remain available for making payments under this section during the next succeeding fiscal year. ``(2) If, at the end of a fiscal year, the funds available for making payments under this section exceed the amount necessary to make the payments required under this section to eligible students by more than 15 percent, then all of such funds shall remain available for making such payments but payments may be made under this paragraph only with respect to entitlements for that fiscal year.''.

21st Century Job Opportunities Act - Amends the Higher Education Act of 1965 to establish a Job Opportunity Grants program of temporary emergency postsecondary education assistance for dislocated workers who have been laid off and who require additional education and training to successfully reenter the workforce. Makes the maximum grant amount equal to the Pell Grant maximum award.

To establish an emergency program to provide immediate education assistance for unemployed workers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Entities Reform Act of 2018''. SEC. 2. DISCLOSURE REQUIREMENTS WITH RESPECT TO CONTENT FROM REGISTERED FOREIGN AGENTS. (a) In General.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 722. DISCLOSURE REQUIREMENTS WITH RESPECT TO CONTENT FROM REGISTERED FOREIGN AGENTS. ``(a) Record of Requests for Covered Time From Registered Foreign Agents.-- ``(1) In general.--A covered provider shall maintain a complete record of a request for covered time that is made by or on behalf of a registered foreign agent. ``(2) Contents of record.--A record maintained under paragraph (1) shall contain information regarding-- ``(A) whether the request for covered time is accepted or rejected by the provider; ``(B) the rate (if any) charged for the covered time; ``(C) the date and time (if any) on which the communication is broadcast or otherwise transmitted by the provider; ``(D) the class of time that is requested; ``(E) the name, address, and phone number of a contact person for the registered foreign agent (and of any person requesting the covered time on behalf of the agent), and a list of the chief executive officers or members of the executive committee or of the board of directors of the agent (and of any person requesting the covered time on behalf of the agent); and ``(F) the name of the foreign principal of the registered foreign agent. ``(3) Location; time to retain.--The information required under this subsection shall be placed in the online public inspection file hosted by the Commission as soon as possible and shall be retained in such file for a period of not less than 2 years. For purposes of the preceding sentence, the term `as soon as possible' means immediately absent unusual circumstances. ``(b) Sponsorship Identification Requirements.-- ``(1) Applicability to covered content.-- ``(A) Announcement by station.--For purposes of section 317, any covered content broadcast by a broadcast station, if such station knew or should have known that the content was covered content, shall be treated as matter for which money, service, or other valuable consideration was paid for broadcasting, regardless of whether any such consideration was paid. ``(B) Disclosures by station employees, program producers, and others.--For purposes of section 507-- ``(i) any agreement for the broadcast of covered content, between an employee of a broadcast station and any registered foreign agent who developed, produced, disseminated, or funded the covered content, shall be treated as acceptance by the employee and payment by the agent of money, service, or other valuable consideration for the broadcast of such content, regardless of whether any such consideration was paid; and ``(ii) any agreement for the inclusion of covered content as part of a program or program matter that is intended for broadcasting over a broadcast station, between any person in connection with the production or preparation of such program or program matter and any registered foreign agent who developed, produced, disseminated, or funded the covered content, shall be treated as acceptance by such person and payment by such agent of money, service, or other valuable consideration for such inclusion, regardless of whether any such consideration was paid. ``(2) Statement required.-- ``(A) In announcement by station.--In the case of any announcement required by section 317 (including as the application of such section is modified by this subsection) with respect to covered content, such announcement shall-- ``(i) contain, with respect to each registered foreign agent who developed, produced, disseminated, or funded the covered content-- ``(I) the same statement as the statement required by section 4(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 614(b)); or ``(II) for any such agent for whom no statement is required under such section with respect to the covered content, a similar statement that such agent developed, produced, disseminated, or funded (as the case may be) the covered content on behalf of the foreign principal; and ``(ii) be made at regular and periodic intervals throughout the broadcast of the covered content. ``(B) In disclosures by station employees, program producers, and others.--In the case of any disclosure required by section 507 (including as the application of such section is modified by this subsection) with respect to covered content, such disclosure shall contain the same information as the information described in subparagraph (A)(i). ``(3) Applicability to cable operators and satellite providers.--Not later than 180 days after the date of the enactment of this section, the Commission shall promulgate regulations that contain-- ``(A) requirements for cable operators, DBS providers, and SDARS licensees with respect to the transmission of covered content that are comparable to the requirements for broadcast stations under section 317 (including as the application of such section is modified by this subsection) with respect to the broadcast of covered content; ``(B) requirements for employees of cable operators, DBS providers, and SDARS licensees with respect to the transmission of covered content that are comparable to the requirements for employees of broadcast stations under section 507(a) (including as the application of such section is modified by this subsection) with respect to the broadcast of covered content; ``(C) requirements with respect to the inclusion of covered content in any program or program matter that is intended for transmission by any cable operator, DBS provider, or SDARS licensee that are comparable to the requirements with respect to the inclusion of covered content in any program or program matter that is intended for broadcasting over a broadcast station under section 507(b) (including as the application of such section is modified by this subsection); and ``(D) requirements with respect to the supplying of any program or program matter that is intended for transmission by any cable operator, DBS provider, or SDARS licensee, in any case in which covered content is included as a part of the program or program matter being supplied, that are comparable to the requirements with respect to the supplying of any program or program matter that is intended for broadcasting over a broadcast station, in any case in which covered content is included as a part of the program or program matter being supplied, under section 507(c) (including as the application of such section is modified by this subsection). ``(c) Quarterly Reports.-- ``(1) In general.--Not later than 14 days after the end of a calendar quarter during which a covered provider receives a request for which a record is required to be maintained under subsection (a), or broadcasts or otherwise transmits covered content for which an announcement is required by section 317 (including as the application of such section is modified by subsection (b)) or by the regulations of the Commission issued under paragraph (3) of such subsection, such provider shall submit to the Commission, the Attorney General, and the Secretary of State a report that summarizes any such requests received, and any such covered content broadcast or otherwise transmitted, by such provider during such quarter. ``(2) Form and contents.--The Commission may issue regulations prescribing the form and contents of the reports required by paragraph (1). ``(3) Public availability.--The Commission, the Attorney General, and the Secretary of State shall make the reports submitted under paragraph (1) publicly available on their internet websites. ``(d) Definitions.--In this section: ``(1) Agent of a foreign principal.--The term `agent of a foreign principal' has the meaning given such term in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611). ``(2) Broadcast time.--The term `broadcast time' means broadcast time, as such term is used in section 315(e). ``(3) Cablecast time.--The term `cablecast time' means cablecast time, as such term is used in section 76.1701 of title 47, Code of Federal Regulations. ``(4) Cable operator.--The term `cable operator' has the meaning given such term in section 602. ``(5) Covered content.--The term `covered content' means any program or other matter that-- ``(A) is broadcast or otherwise transmitted or intended for broadcast or other transmission by a covered provider; and ``(B) is developed, produced, disseminated, or funded by a registered foreign agent. ``(6) Covered provider.--The term `covered provider' means a broadcast station licensee, cable operator, DBS provider, or SDARS licensee. ``(7) Covered time.--The term `covered time' means-- ``(A) with respect to a broadcast station licensee, broadcast time; ``(B) with respect to a cable operator, cablecast time; ``(C) with respect to a DBS provider, DBS origination time; and ``(D) with respect to an SDARS licensee, SDARS origination time. ``(8) DBS origination time.--The term `DBS origination time' means DBS origination time, as such term is used in section 25.701(d) of title 47, Code of Federal Regulations. ``(9) DBS provider.--The term `DBS provider' has the meaning given such term in section 25.701(a) of title 47, Code of Federal Regulations. ``(10) Foreign principal.--The term `foreign principal' has the meaning given such term in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611). ``(11) Registered foreign agent.--The term `registered foreign agent' means an agent of a foreign principal registered under section 2 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 612). ``(12) SDARS licensee.--The term `SDARS licensee' means a licensee in the Satellite Digital Audio Radio Service, as defined in section 25.103 of title 47, Code of Federal Regulations. ``(13) SDARS origination time.--The term `SDARS origination time' means SDARS origination time, as such term is used in section 25.702(b) of title 47, Code of Federal Regulations.''. (b) Effective Dates.-- (1) Record of requests for covered time from registered foreign agents.--Subsection (a) of section 722 of the Communications Act of 1934, as added by subsection (a) of this section, shall apply with respect to a request for covered time made by a registered foreign agent after the date that is 90 days after the date of the enactment of this Act. (2) Sponsorship identification requirements.--Subsection (b) of section 722 of the Communications Act of 1934, as added by subsection (a) of this section, and the regulations promulgated under paragraph (3) of such subsection (b), shall apply-- (A) in the case of an announcement by a covered provider under section 317 of the Communications Act of 1934 (47 U.S.C. 317) (including as the application of such section is modified by such subsection (b)) or under such regulations, only if the broadcast or other transmission of covered content occurs after the date that is 90 days after the Commission promulgates such regulations; and (B) in the case of a disclosure under section 507 of the Communications Act of 1934 (47 U.S.C. 507) (including as the application of such section is modified by such subsection (b)) or under such regulations, only if the acceptance or agreement to accept or payment or agreement to pay money, service, or other valuable consideration (or the agreement in the absence of any such consideration that is treated as such acceptance and payment as provided in such subsection (b) or such regulations) was made (in the case of a payment) or entered into (in the case of an agreement) after the date that is 90 days after the Commission promulgates such regulations. (3) Definitions.--In this subsection, the terms defined in subsection (d) of section 722 of the Communications Act of 1934, as added by subsection (a) of this section, shall have the meanings given such terms in such subsection (d).

Foreign Entities Reform Act of 2018 This bill amends the Communications Act of 1934 to require broadcast, cable, and satellite providers to record and submit to federal authorities specified information about requests by an entity registered as a foreign agent to broadcast content that is intended for American consumers. Such content must include a statement that the content is being distributed by a foreign agent or by an agent on behalf of a foreign principal.

Foreign Entities Reform Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Respiratory Equipment Access and Transparency to Home Ventilator Care Act of 2017'' or the ``BREATH Act of 2017''. SEC. 2. PROMOTING EVIDENCE-BASED CARE FOR CERTAIN VENTILATORS AND OTHER ITEMS OF DURABLE MEDICAL EQUIPMENT. Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(v) Appropriate Use Criteria for Certain Ventilators.-- ``(1) In general.--Not later than January 1, 2018, subject to paragraph (2), and in consultation with medical experts and applicable stakeholders, the Secretary shall establish and implement policies and standards for determining the appropriate use of ventilators as described in subsection (a)(3)(A). ``(2) Delay in implementation of appropriate use criteria for use by certain individuals.--The Secretary may, as the Secretary determines appropriate, delay until such date as the Secretary determines appropriate but not later than January 1, 2020, the establishment and implementation of appropriate use criteria as described in paragraph (1) (which may be the same appropriate use criteria established and implemented under such paragraph) for ventilators furnished to individuals diagnosed with neuromuscular or other thoracic restrictive diseases or cystic fibrosis.''. SEC. 3. REIMBURSEMENT FOR HOME MECHANICAL VENTILATORS. (a) In General.--Section 1834(a)(3) of the Social Security Act (42 U.S.C. 1395m(a)(3)) is amended-- (1) in subparagraph (B)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv)-- (i) by inserting ``, except as provided in clause (v),'' after ``subsequent year''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(v) for an item or device furnished on or after January 1, 2018, in the case of a ventilator described in subparagraph (A), the payment rate determined for the ventilator under subparagraph (D) for the year.''; and (2) by adding at the end the following new subparagraphs: ``(D) 2018 and subsequent years payment rates for ventilators.--For purposes of subparagraph (B)(v), the payment rate determined under this subparagraph for a ventilator described in subparagraph (A) is the following: ``(i) 2018.--For 2018, the payment amount specified in subparagraph (B) for an item or device furnished on or after July 1, 2017, and before January 1, 2018, increased by the covered item update for 2018. ``(ii) 2019.--For 2019, the rate determined under clause (i) for 2018-- ``(I) increased by the covered item update for 2019; and ``(II) if applicable, increased by the budget neutrality adjustment under subparagraph (E). ``(iii) 2020 and subsequent years.--For 2020 and subsequent years, the rate determined under this subparagraph for an item or device furnished on December 31 of the previous year, increased by the covered item update for the year. ``(E) Budget neutrality adjustment of payment rates for ventilators for 2019.-- ``(i) In general.--Subject to the succeeding clauses of this subparagraph, the Secretary shall implement the provisions of subparagraphs (B)(v) and (D) in a budget neutral manner and any budget neutrality adjustment under this subparagraph shall be limited to payments for a ventilator described in subparagraph (A) furnished during 2019. ``(ii) Computation of aggregate budget neutrality adjustment.--The aggregate budget neutrality adjustment under this subparagraph shall be an amount equal to the difference (if any) between-- ``(I) aggregate payments under this part for ventilators described in subparagraph (A) furnished during 2017, as adjusted under subclause (I) of clause (iii); and ``(II) aggregate payments under this part for such ventilators furnished during 2018, as adjusted under subclause (II) of such clause. ``(iii) Adjustments.--For purposes of clause (ii)-- ``(I) payments described in subclause (I) of such clause shall be increased by the covered item update for 2018; and ``(II) payments described in subclause (II) of such clause shall be increased or decreased by the percentage change in the total number of individuals enrolled under this part (other than Medicare Advantage enrollees) from 2017 to 2018.''.

Beneficiary Respiratory Equipment Access and Transparency to Home Ventilator Care Act of 2017 or the BREATH Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish by January 1, 2018, policies and standards for determining the appropriate use of certain ventilators under the Medicare program. The CMS may delay such establishment until January 1, 2020, for certain ventilators furnished to individuals with specified medical diagnoses. Subject to budget neutrality requirements, the bill increases the Medicare payment rate for such ventilators for 2018 and subsequent years.

Beneficiary Respiratory Equipment Access and Transparency to Home Ventilator Care Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``DebtPatriots.Gov Act of 2011''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the total public debt as of November 17, 2011, is over $15 trillion and that every American's share is $47,080; (2) www.pay.gov, launched in October 2000, is a secure Government-wide collection portal, which is Web-based and allows customers to access their accounts from any computer with Internet access; (3) www.pay.gov satisfies agencies and consumers demands for electronic alternatives by providing the ability to complete forms, make payments, and submit queries 24 hours a day electronically; (4) citizens who wish to make a general donation to the United States Government may send contributions to a specific account called ``Gifts to the United States'', an account established in 1843 to accept gifts, such as bequests, from individuals wishing to express their patriotism to the United States; (5) citizens who wish to make a general donation to a specific account called ``Gifts to Reduce the Public Debt of the United States'' may use TreasuryDirect, a section of www.pay.gov and Treasury Direct; (6) gifts to reduce the public debt are accepted under the provisions of section 3113 of title 31, United States Code, which authorizes the Secretary of the Treasury to accept conditional gifts to the United States for the purpose of reducing the public debt; (7) gifts to reduce the public debt are voluntary donations, and no goods, services, or other considerations are provided to the donors, including, but not limited to, benefits on future tax liability; and (8) gifts to reduce the public debt do not supersede the constitutional powers nor the responsibility of Congress to ``pay the debts'', as described in article I, section 8 of the Constitution of the United States. (b) Purpose.--The purpose of this Act is to publically recognize the patriotism of certain individuals and corporations which are willing to contribute additional funds, above and beyond their tax obligations, in order to reduce the public debt of the United States. SEC. 3. NEW WEB SITE. (a) In General.--Using the existing infrastructure of www.pay.gov, the Secretary of the Treasury shall create a new Web site, www.DebtPatriots.gov, to specifically receive gifts to reduce the public debt. The Web site shall be known as ``Gifts to Reduce the Public Debt'' and shall include the following: (1) Improved features and user interface from the existing infrastructure for ease of use. (2) An easily accessible domain name, www.DebtPatriots.gov. (3) an opt-in check-box to allow donor names to be publically recognized for their donation. (4) A linked Web site on which the publically recognized donors can be published according to the following levels of donation: (A) Corporation Award Levels: (i) Corporate Founder ($50B). (ii) Corporate Son of Liberty ($10B). (iii) Corporate Constitutional Delegate ($1B). (iv) Corporate Minuteman ($500M). (v) Corporate Patriot ($1M). (B) Individual Award Levels (Premium): (i) Premium Founding Father/Mother ($1B). (ii) Premium Son/Daughter of Liberty ($500M). (iii) Premium Constitutional Delegate ($100M). (iv) Premium Minuteman/woman ($10M). (v) Premium Patriot ($1M). (C) Individual Award Levels: (i) Founding Father/Mother ($100K). (ii) Son/Daughter of Liberty ($10K). (iii) Constitutional Delegate ($1K). (iv) Minuteman/woman ($100). (v) Patriot ($10). (5) A clearly published list of the aforementioned award levels on DebtPatriots.Gov. (6) A printable form and address for those who prefer to make a gift through the mail by check. (b) Required Links to Web Site.--The Secretary of the Treasury and the President shall provide a link to this Web site on their main pages. SEC. 4. CERTIFICATE OF APPRECIATION. The President shall issue a signed certification of appreciation recognizing the award level of each donor who contributes to ``Gifts to Reduce the Public Debt''.

DebtPatriots.Gov Act of 2011 - Directs the Secretary of the Treasury to create a new website, www.DebtPatriots.gov, specifically for receiving gifts to reduce the public debt. Requires the Secretary and the President to provide a link to such website on the main page of their websites. Sets forth the required features of such website, including: (1) an opt-in check-box to allow donor names to be publically recognized, and (2) a linked website on which donors can be published according to specified levels of corporate and individual donations. Requires the President to issue a signed certification of appreciation recognizing the award level of each donor.

To provide for a website to receive gifts to reduce the public debt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection for On-Line Games Act''. SEC. 2. FEDERAL TRADE COMMISSION RULES REQUIRED. (a) In General.--The Commission shall prescribe rules in accordance with this section to prohibit unfair and deceptive acts and practices in the labeling and advertising of games of chance and games of skill offered by means of the communications networks by network game operators. Such rules shall-- (1) prohibit network game operators from making false, nonsubstantiated, nonverifiable, or misleading claims regarding-- (A) the fairness of any specific such game of chance or game of skill, or combination thereof played by the consumer; (B) whether the game offered is a game of skill or a game of chance, or a combination thereof; and (C) if the game offered is a game of chance, or a combination of skill and chance, whether all participants (including the game operator) are accorded equal or unequal chance; (2) prohibit such operators from displaying or advertising any seal or insignia attesting to the fairness of any game of chance or game of skill, or other matters described in paragraph (1), unless such seal or insignia has been awarded by a self-regulatory organization that complies with section 4. (b) Evasions.--The rules issued by the Commission under this section shall include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this Act. SEC. 4. ROLE OF SELF-REGULATORY ORGANIZATIONS. For purposes of section 3(a)(2), a self-regulatory organization does not comply with the requirements of this section unless-- (1) the self-regulatory organization is registered with the Commission, by filing with the Commission an application for registration that-- (A) is in such form as the Commission, by rule, may prescribe; (B) contains the rules of the self-regulatory organization and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate; (2) the Commission determines that-- (A) such self-regulatory organization is so organized and has the capacity to be able to carry out the purposes of this Act and to comply, and to enforce compliance by its members, with the provisions of this Act, the rules thereunder, and the rules of the self- regulatory organization; (B) the rules of the self-regulatory organization are designed to prevent fraudulent and deceptive acts and practices, and, in general, to protect consumers and the public interest; (C) the rules of the self-regulatory organization provide that its members shall be appropriately disciplined for violation of the provisions of this Act, the rules thereunder, or the rules of the self- regulatory organization, by expulsion, revocation of the authority to display or advertise any seal or insignia, or any other fitting sanction; and (D) the rules of the self-regulatory organization provide a fair procedure for the disciplining of members; and (3) the Commission has not revoked or suspended the Commission's determination under paragraph (2) with respect to such self-regulatory organization. SEC. 5. ACTIONS BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice which violates any rule of the Commission under section 3(a), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such pattern or practice, to enforce compliance with such rule of the Commission, to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate. (b) Notice.--The State shall serve prior written notice of any civil action under subsection (a) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. (c) Venue.--Any civil action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. (d) Investigatory Powers.--For purposes of bringing any civil action under this section, nothing in this Act shall prevent the attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Effect on State Court Proceedings.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal antifraud statute of such State. (f) Limitation.--Whenever the Commission has instituted a civil action for violation of any rule or regulation under this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for violation of any rule as alleged in the Commission's complaint. (g) Actions by Other State Officials.-- (1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. (2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State for protection of consumers and who are designated by the Commission to bring an action under subsection (a) against persons that the Commission has determined have or are engaged in a pattern or practice which violates a rule of the Commission under section 3(a). SEC. 6. ADMINISTRATION AND APPLICABILITY. (a) In General.--Except as otherwise provided in section 5, this Act shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this Act, except for purposes of this Act. (b) Rulemaking.--The Commission shall prescribe the rules under section 3(a) within 270 days after the date of enactment of this Act. A rule issued under this subsection shall be treated as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Enforcement.--Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule respecting unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this Act. (d) Actions by the Commission.--The Commission shall prevent any person from violating a rule of the Commission under section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Network game operator.--The term ``network game operator'' means a public or private business enterprise that engages in the business of providing game playing services (as opposed to the sale or download of a game as a publisher or distributor), either for a fee or for free, using a communication path between the player and the game operator that is part of a communications network. (3) Communications network.--The term ``communications network'' means a public or private communication system that is used for the exchange of information or participation in transactions (or both) and includes systems such as the telephone system, cable systems, satellite systems, wireless systems, or the Internet. (4) Game of skill.--The term ``game of skill'' means a game in which there are few or no independent chance elements (such as die rolls, spinning wheels, drawn cards, or other random event generators) that substantially affect a game's outcome beyond the control of one or more of the players.

Consumer Protection for On-Line Games Act - Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in the labeling and advertising of games of chance and games of skill offered by means of the communications networks by network game operators. Requires that such rules prohibit: (1) making false, unsubstantiated, non-verifiable, or misleading claims regarding the fairness of the game; (2) displaying or advertising any seal or insignia attesting to the fairness of any game of chance or skill unless such seal or insignia has been awarded by a self-regulatory organization that complies with this Act; and (3) unfair or deceptive acts or practices that evade such rules or undermine customer rights.Requires a self-regulatory organization, to be in compliance, to: (1) be able to enforce compliance by its members; and (2) have rules designed to prevent fraudulent and deceptive acts and practices, to protect consumers and the public interest, and to discipline violating members.Authorizes State attorneys general to bring civil actions on behalf of residents in U.S. district court to enjoin a pattern or practice which violates such FTC rules.

To prevent fraud and deception in network recreational games.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Families United Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The rights and interests of U.S. citizens should be protected by our Nation's immigration laws. (2) It is the intent of Congress to provide the Attorney General and Secretary of Homeland Security with the limited ability to provide fairness to the spouses, children and parents of American citizens in immigration proceedings on a case-by-case basis. SEC. 3. RULES OF CONSTRUCTION. Nothing in this Act shall be construed-- (1) to provide the Attorney General or the Secretary of Homeland Security with the ability to expand the discretionary authority beyond a case-by-case basis; or (2) to provide, confirm or concur legalization or nationalization of persons covered under this Act, it is solely designed to address hardships incurred by a small minority of American families that are adversely affected by inadmissibility and deportation provisions that cause family separation. SEC. 4. WAIVERS OF INADMISSIBILITY. (a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following: ``(VI) Aliens who entered as children.--Clause (i) shall not apply to an alien who is the beneficiary of an approved petition under 101(a)(15)(H) and who has earned a baccalaureate or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and had not yet reached the age of 16 years at the time of initial entry to the United States.''. (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1181(a)(9)(B)(v)) is amended-- (1) by striking ``spouse or son or daughter'' and inserting ``spouse, son, daughter, or parent''; (2) by striking ``extreme''; and (3) by inserting ``, child,'' after ``lawfully resident spouse''. (c) Previous Immigration Violations.--Section 212(a)(9)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding ``, other than an alien described in clause (iii) or (iv) of subparagraph (B),'' after ``Any alien''. (d) False Claims.-- (1) Inadmissibility.-- (A) In general.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended to read as follows: ``(C) Misrepresentation.-- ``(i) In general.--Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or within the last 3 years has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. ``(ii) Falsely claiming citizenship.-- ``(I) Inadmissibility.--Subject to subclause (II), any alien who knowingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is inadmissible. ``(II) Special rule.--An alien shall not be inadmissible under this clause if the misrepresentation described in subclause (I) was made by the alien when the alien-- ``(aa) was under 18 years of age; or ``(bb) otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship. ``(iii) Waiver.--The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of clause (i) or (ii)(I) for an alien, regardless whether the alien is within or outside the United States, if the Attorney General or the Secretary find that a determination of inadmissibility to the United States for such alien would-- ``(I) result in hardship to the alien or to the alien's parent, spouse, son, or daughter who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(II) in the case of a VAWA self- petitioner, result in hardship to the alien or a parent or child of the alien who is a citizen of the United States, an alien lawfully admitted for permanent residence, or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b))). For purposes of this clause, family separation in and of itself shall be deemed to be a hardship. ``(iv) Limitation on review.--No court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary regarding a waiver under clause (iii).''. (B) Conforming amendment.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by striking subsection (i). (2) Deportability.--Section 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows: ``(D) Falsely claiming citizenship.--Any alien described in section 212(a)(6)(C)(ii) is deportable.''. (e) Definition of Conviction.-- (1) Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) The term `conviction' means, with respect to an alien, a final, formal judgment of guilt entered by a court. Where a State or Federal court enters an adjudication or judgment of guilt that has been withheld, deferred, expunged, annulled, invalidated or vacated, or enters an order of probation without entry of judgment, or any similar disposition under State or Federal law such judgment or adjudication shall not be considered a conviction for purposes of this Act. ``(B) Any pardon entered by a State or Federal authority shall render the prior conviction null and void for all purposes under this Act. ``(C) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law. The suspension of the imposition or execution of that imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of this Act.''. (2) Effective date and application.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act. SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION, INELIGIBILITY OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE FAMILY MEMBERS. (a) Applications for Relief From Removal.--Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following: ``(D) Judicial discretion.--In the case of an alien subject to removal, deportation, ineligibility or inadmissibility, the immigration judge may exercise discretion to decline to order the alien removable, deportable, ineligible or inadmissible from the United States and terminate proceedings or grant permission to reapply for admission or any application for relief from removal if the judge determines that such removal, deportation, ineligibility or inadmissibility is against the public interest or would result in hardship to the alien's United States citizen or lawful permanent resident parent, spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines-- ``(i) is inadmissible or deportable under-- ``(I) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2); ``(II) section 212(a)(3); ``(III) subparagraph (A), (C), or (D) of section 212(a)(10); or ``(IV) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or ``(ii) has-- ``(I) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or ``(II) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. For purposes of this subparagraph, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest.''. (b) Secretary's Discretion.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following: ``(u) Secretary's Discretion.--In the case of an alien who is inadmissible under this section or deportable under section 237 or ineligible under any provision of this Act, the Secretary of Homeland Security may exercise discretion to waive a ground of ineligibility, inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the Secretary determines that such ineligibility, removal or refusal of admission is against the public interest or would result in hardship, including family separation, to the alien's United States citizen or permanent resident parent, spouse, or child. For purposes of this subsection, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. This subsection shall not apply to an alien whom the Secretary determines-- ``(1) is inadmissible or deportable under-- ``(A) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2); ``(B) subsection (a)(3); ``(C) subparagraph (A), (C), or (D) of subsection (a)(10); ``(D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or ``(E) section 240(c)(4)(D)(ii)(II); or ``(2) has-- ``(A) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); ``(B) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction;''. (c) Reinstatement of Removal Orders.--Section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended by striking the period at the end and inserting ``, unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship, including family separation, to the alien's United States citizen or permanent resident parent, spouse, or child.''.

American Families United Act - States that nothing in this Act shall be construed to enable the Attorney General (DOJ) or the Secretary of Homeland Security (DHS) to expand his or her discretionary authority beyond a case-by-case basis, or to provide legalization or nationalization of persons covered under this Act. Amends the Immigration and Nationality Act (INA) to revise waiver of inadmissibility requirements, among other things waiving inadmissibility for: (1) certain persons who entered the United States before age 16 who have earned a degree from a U.S. institution of higher education, (2) false claims of U.S. citizenship by persons under age 18 or lacking mental competence to knowingly misrepresent a claim, and (3) false claims of U.S. citizenship if inadmissibility would create family separation hardship for the alien (including a self-petitioner under the Violence Against Women Act) or for a U.S. citizen or lawful permanent resident family member. Authorizes parents of U.S. citizens or lawful permanent residents to apply for a waiver of inadmissibility for unlawful presence. Places a three-year limit on immigration-related misrepresentations rendering aliens inadmissible. Revises the definition "conviction" for INA purposes. Authorizes an immigration judge in specified circumstances, including family separation hardship, but with certain exceptions, to decline to order an alien removed, deported, or excluded and terminate related proceedings or grant permission to reapply for admission or for relief from removal.

American Families United Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Leave Transfer Act of 2011''. SEC. 2. AUTHORITY TO TRANSFER SICK LEAVE. (a) Direct Transfers of Leave.-- (1) In general.--Subchapter III of chapter 63 of title 5, United States Code, is amended by inserting after section 6338 the following: ``Sec. 6338a. Sick leave ``(a) The Office of Personnel Management shall by regulation modify the program established under the preceding provisions of this subchapter so as to permit, in addition to annual leave, the transfer and use of sick leave. ``(b) To the extent feasible, the terms and conditions governing the transfer and use of sick leave under the regulations shall be the same as those governing the transfer and use of annual leave under the preceding provisions of this subchapter, subject to the following: ``(1) Sick leave may not be transferred or used in connection with any purpose for which accrued sick leave could not be used by the leave recipient under subchapter I. ``(2) Sick leave received under this subchapter-- ``(A) may not be used before the exhaustion requirement under section 6333(b) has been met; and ``(B) shall not (for restoration purposes, if applicable) be considered to have been used before all transferred annual leave has been exhausted. ``(3) Nothing in this section shall affect the maximum amount of sick leave or annual leave which may be accrued by a leave recipient while using any leave received under this subchapter in connection with a particular medical emergency. ``(4) An employee who donates sick leave pursuant to this section shall not be conferred any benefit (including an appointment, promotion, or compensation) in connection with such donation.''. (2) Technical and conforming amendments.-- (A) Prohibition of coercion.--Section 6338(a) of title 5, United States Code, is amended by striking ``annual leave'' and inserting ``annual or sick leave''. (B) Excepted agencies.--Section 6339(b)(1) of such title is amended-- (i) by striking ``annual leave accrued'' and inserting ``annual or sick leave accrued''; and (ii) by striking ``annual leave account'' and inserting ``annual or sick leave account (as applicable)''. (C) Table of contents.--The table of sections for chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6338 the following: ``6338a. Sick leave.''. (b) Leave Bank Program.-- (1) In general.--Subchapter IV of chapter 63 of title 5, United States Code, is amended by inserting after section 6371 the following: ``Sec. 6371a. Sick leave ``(a) The Office of Personnel Management shall by regulation modify the program established under the preceding provisions of this subchapter so as to permit, in addition to annual leave, the contribution and use of sick leave. ``(b) To the extent feasible, the terms and conditions governing the contribution and use of sick leave under the regulations shall be the same as those governing the contribution and use of annual leave under the preceding provisions of this subchapter, subject to the following: ``(1) Sick leave may not be used in connection with any purpose for which accrued sick leave could not be used by the leave recipient under subchapter I. ``(2) Sick leave may be contributed instead of annual leave in order to satisfy, in whole or in part, the requirements of section 6366(a)(2)(A). ``(3) Sick leave received under this subchapter may not be used before the exhaustion requirement under section 6367(c) has been met. ``(4) Nothing in this section shall affect the maximum amount of sick leave or annual leave which may be accrued by a leave recipient while using leave received under this subchapter in connection with a particular medical emergency. ``(5) An employee who donates sick leave pursuant to this section shall not be conferred any benefit (including an appointment, promotion, or compensation) in connection of such donation.''. (2) Technical and conforming amendments.-- (A) Prohibition of coercion.--Section 6370(a) of title 5, United States Code, is amended by striking ``annual leave'' and inserting ``annual or sick leave''. (B) Excepted agencies.--Section 6372(c)(1) of such title is amended by striking ``annual leave accrued'' and inserting ``annual or sick leave accrued''. (C) Table of contents.--The table of sections for chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6371 the following: ``6371a. Sick leave.''. (c) Effective Date.--Regulations required to be prescribed by the Office of Personnel Management under the amendments made by this section shall become effective not later than 90 days after the date of enactment of such section.

Federal Employees Leave Transfer Act of 2011 - Directs the Office of Personnel Management (OPM) to modify by regulation the program for voluntary transfer of unused leave to allow federal employees to transfer unused sick leave and contribute such leave to agency leave banks for the use of other employees, on the same basis as is allowed for annual leave.

To amend title 5, United States Code, to permit the transfer of sick leave in leave-transfer programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Evaluation Parity for Servicemembers Act of 2015''. SEC. 2. PRELIMINARY MENTAL HEALTH SCREENINGS FOR INDIVIDUALS BECOMING MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 31 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 520d. Preliminary mental health screenings ``(a) Provision of Mental Health Screening.--Before any individual enlists in an armed force or is commissioned as an officer in an armed force, the Secretary concerned shall provide the individual with a mental health screening. ``(b) Use of Screening.--(1) The Secretary shall use the results of a mental screening conducted under subsection (a) as a baseline for any subsequent mental health examinations of the individual, including such examinations provided under sections 1074f and 1074m of this title. ``(2) The Secretary may not consider the results of a mental health screening conducted under subsection (a) in determining the promotion of a member of the armed forces. ``(c) Application of Privacy Laws.--With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health screening conducted under subsection (a) in the same manner as the medical records of a member of the armed forces.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 520c the following new item: ``520d. Preliminary mental health screenings.''. (c) Reports.-- (1) Initial report.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the National Institute of Mental Health of the National Institutes of Health shall submit to Congress and the Secretary of Defense a report on preliminary mental health screenings of members of the Armed Forces. (B) Matters included.--The report under subparagraph (A) shall include the following: (i) Recommendations with respect to establishing a preliminary mental health screening of members of the Armed Forces to bring mental health screenings to parity with physical screenings of members. (ii) Recommendations with respect to the composition of the mental health screening, evidenced-based best practices, and how to track changes in mental health screenings relating to traumatic brain injuries, post- traumatic stress disorder, and other conditions. (C) Coordination.--The National Institute of Mental Health shall carry out subparagraph (A) in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the surgeons general of the military departments, and other relevant experts. (2) Reports on efficacy of screenings.-- (A) Secretary of defense.--Not later than one year after the date on which the Secretary of Defense begins providing preliminary mental health screenings under section 520d(a) of title 10, United States Code, as added by subsection (a), the Secretary shall submit to Congress a report on the efficacy of such preliminary mental health screenings. (B) Comptroller general.--Not later than one year after the submittal of the report under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report on the efficacy of the preliminary mental health screenings described in such subparagraph. (C) Matters included.--The reports required by subparagraphs (A) and (B) shall include the following: (i) An evaluation of the evidence-based best practices used by the Secretary in composing and conducting preliminary mental health screenings of members of the Armed Forces under such section 520d(a). (ii) An evaluation of the evidence-based best practices used by the Secretary in tracking changes in mental health screenings relating to traumatic brain injuries, post- traumatic stress disorder, and other conditions among members of the Armed Forces. (d) Implementation of Preliminary Mental Health Screening.--The Secretary of Defense may not provide a preliminary mental health screening under section 520d(a) of title 10, United States Code, as added by subsection (a), until the Secretary receives and evaluates the initial report required by subsection (c)(1). SEC. 3. REPORT ON EFFICACY OF PHYSICAL EXAMINATIONS FOR CERTAIN MEMBERS OF THE ARMED FORCES UPON SEPARATION FROM ACTIVE DUTY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the efficacy of the mental health components of the physical examinations provided under paragraph (5) of section 1145(a) of title 10, United States Code, to members of the Armed Forces who are separated from active duty as described in paragraph (2) of such section. (b) Evaluation of Effectiveness.--The report required by subsection (a) shall include an evaluation of the effectiveness of the physical examinations described in such subsection in-- (1) identifying members of the Armed Forces with traumatic brain injury, post-traumatic stress disorder, and other mental health conditions; and (2) ensuring that health care is provided for such members.

Medical Evaluation Parity for Servicemembers Act of 2015 Directs the Secretary of the military department concerned to: (1) provide an individual with a mental health screening before such individual enlists or is commissioned as an officer in the Armed Forces, and (2) use such results as a baseline for any subsequent mental health examinations. Prohibits the Secretary from considering the results of such screening in determining the promotion of a member of the Armed Forces. Directs the Secretary to treat a screening in the same manner as medical records with respect to laws and regulations relating to the privacy of information. Requires the National Institute of Mental Health of the National Institutes of Health to submit to Congress and the Department of Defense (DOD) a report on preliminary mental health screenings of members of the Armed Forces, including recommendations regarding: (1) establishing preliminary mental health screenings to establish parity with physical screenings; and (2) the composition of the mental health screening, evidenced-based best practices, and how to track changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. Directs DOD and the Government Accountability Office to report on the efficacy of preliminary mental health screenings. Requires DOD to report on the efficacy of the mental health components of the physical examinations to members of the Armed Forces who are separated from active duty.

Medical Evaluation Parity for Servicemembers Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND COST-SHARING REDUCTIONS UNDER ACA. (a) In General.-- (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion.-- (A) In general.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code)''. (B) Option to purchase or offer separate coverage or plan.--Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion.-- Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term''; and (B) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.-- ``(A) In general.--The term `qualified health plan' does not include any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code). ``(B) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section.''. (3) Conforming aca amendments.--Section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended-- (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to Multi-State Plans.--Paragraph (6) of section 1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read as follows: ``(6) Coverage consistent with federal abortion policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2015, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION PREMIUM SURCHARGES. (a) In General.--Paragraph (3) of section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended to read as follows: ``(3) Rules relating to notice.-- ``(A) In general.--The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). ``(B) Separate disclosure of abortion surcharges.-- In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act. Passed the House of Representatives January 22, 2015. Attest: KAREN L. HAAS, Clerk.

. No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015 TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS (Sec. 101) This bill prohibits federal funds, including funds in the budget of the District of Columbia, from being expended for abortion or health coverage that includes coverage of abortion. Abortions are eligible for federal funding only in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed. Currently, federal funding of abortion and health coverage that includes abortion is prohibited, with the same exceptions. Health care provided in a federal health care facility or by a federal employee may not include abortions that are ineligible for federal funding. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT (Sec. 201) This bill amends the Internal Revenue Code to disallow premium assistance tax credits or health insurance tax credits for qualified health plans that cover abortions ineligible for federal funding. This bill amends the Patient Protection and Affordable Care Act to require the Office of Personnel Management to ensure that multi-state qualified health plans offered on health insurance exchanges do not cover abortions ineligible for federal funding. (Sec. 202) A qualified health plan's coverage of abortion must be disclosed to enrollees at the time of enrollment and must be prominently displayed in marketing materials, comparison tools, or any summary of benefits and coverage made available by the plan issuer, a health insurance exchange, or the Department of Health and Human Services. The amount of a plan's premium that is attributable to coverage of abortions ineligible for federal funding must be disclosed in material where the premium is disclosed.

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Elections Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) for Congress to address the existing problems in the Federal election laws, Congress must act in a nonpartisan manner and engage in a debate based on academic studies and empirical findings instead of partisan rhetoric; (2) when addressing Federal election laws, Congress must be cognizant of the freedoms of speech and association protected under the Constitution; and (3) the current Federal election laws unduly favor incumbent Members of Congress, and, in previous years, Congress has not been able to eliminate this bias when addressing the reform of the Federal election laws. SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Fair Elections Commission'' (hereinafter in this Act referred to as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Congress and to report and recommend legislation to reform those laws. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 12 members appointed within 15 days after the date of the enactment of this Act by the President, by and with the advice and consent of the Senate, from among individuals who are not incumbent Members of Congress and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult-- (1) the Speaker of the House of Representatives with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (2) the majority leader of the Senate with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (3) the minority leader of the House of Representatives with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; and (4) the minority leader of the Senate with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party. (b) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. The Chairman may not be affiliated with either the Republican Party or the Democratic Party. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. A majority of the full Commission is required when approving all or a portion of the recommended legislation. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 6. REPORT AND RECOMMENDED LEGISLATION. Not later than 90 days after the date of the enactment of this Act, the Commission shall submit to the Congress a report of the activities of the Commission, together with a draft of legislation (including technical and conforming provisions) recommended by the Commission to reform the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other laws relating to elections for Congress. SEC. 7. PRIMARY OBJECTIVES OF THE COMMISSION. In formulating its draft of legislation under section 6, the Commission shall consider the following to be its primary objectives: (1) Encouraging fair and open Congressional elections that provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Congressional elections. (3) Creating a system in which incumbent Members of Congress do not possess an inherent advantage over challengers. SEC. 8. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft of legislation referred to in section 6. (c) Introduction and Referral.--Within 3 days after the Commission submits its draft legislation under section 6, a Federal election bill shall be introduced (by request) in the House by the majority leader of the House and shall be introduced (by request) in the Senate by the majority leader of the Senate. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.--No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House; nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.-- (1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 20th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.-- (1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a Federal election bill shall be decided without debate. (g) Floor Consideration in the Senate.-- (1) A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate is not debatable. A motion to recommit a Federal election bill is not in order. SEC. 9. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff.--(1) Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be 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 maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (d) Details.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (e) Experts and Consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. SEC. 10. TERMINATION. The Commission shall cease to exist 90 days after the date of the submission of its report under section 6. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Fair Elections Act - Establishes the Fair Elections Commission to study and recommend reforms in the laws relating to elections for Congress. Sets forth as the primary objectives of the Commission: (1) encouraging fair and open congressional elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of congressional elections; and (3) creating a system in which incumbent Members of Congress do not possess an inherent advantage over challengers. Sets forth fast-track procedures for consideration of such reform legislation. Authorizes appropriations.

Fair Elections Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Campaign Integrity Act''. SEC. 2. PROHIBITION ON USE OF LABOR ORGANIZATION DUES AND FEES FOR POLITICAL ACTIVITIES. 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) Notwithstanding any other provision of this Act or any other law, it shall be unlawful for a labor organization to use dues or fees-- ``(A) to make contributions or expenditures with respect to any Federal election; or ``(B) to support or promote any political activity or organization. ``(2) As used in this subsection, the term `dues or fees' means, with respect to a labor organization, any amount of dues or fees required to be paid to such labor organization by reason of the employment of the individual who pays the dues or fees.''. SEC. 3. PROHIBITION OF PERSONAL LOANS BY CANDIDATES TO THEIR CAMPAIGNS. 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) A candidate for Federal office may not make any loan to a campaign committee of the candidate or otherwise provide reimbursable financial support for the campaign of the candidate.''. SEC. 4. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO OTHER PERSONS. (a) Persons Generally.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,000''. (b) Multicandidate Political Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,000''. SEC. 5. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN IN-STATE INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 3, is further amended by adding at the end the following new subsection: ``(j)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to an election, accept contributions from persons other than in-State individual residents totaling the same as, or in excess of, the total of contributions accepted from in-State individual residents. ``(2) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the congressional district involved is located.''. SEC. 6. SOFT MONEY OF POLITICAL PARTIES. 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: ``soft money of political parties ``Sec. 323. (a) A national committee of a political party, including the national congressional campaign committees of a political party, and any officers or agents of such party committees, shall not solicit or receive any contributions, donations, or transfers of funds, or spend any funds, not subject to the limitations, prohibitions, and reporting requirements of this Act. This subsection shall apply to any entity that is established, financed, maintained, or controlled by a national committee of a political party, including the national congressional campaign committees of a political party, and any officers or agents of such party committees. ``(b)(1) Any amount expended or disbursed by a State, district, or local committee of a political party, during a calendar year in which a Federal election is held, for any activity which might affect the outcome of a Federal election, including but not limited to any voter registration and get-out-the-vote activity, any generic campaign activity, and any communication that identifies a Federal candidate (regardless of whether a State or local candidate is also mentioned or identified) shall be made from funds subject to the limitations, prohibitions and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to expenditures or disbursements made by a State, district or local committee of a political party for-- ``(A) a contribution to a candidate other than for Federal office, provided that such contribution is not designated or otherwise earmarked to pay for activities described in paragraph (1); ``(B) the costs of a State or district/local political convention; ``(C) the non-Federal share of a State, district or local party committee's administrative and overhead expenses (but not including the compensation in any month of any individual who spends more than 20 percent of his or her time on activity during such month which may affect the outcome of a Federal election). For purposes of this provision, the non-Federal share of a party committee's administrative and overhead expenses shall be determined by applying the ratio of the non- Federal disbursements to the total Federal expenditures and non-Federal disbursements made by the committee during the previous presidential election year to the committee's administrative and overhead expenses in the election year in question; ``(D) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, which materials solely name or depict a State or local candidate; or ``(E) the cost of any campaign activity conducted solely on behalf of a clearly identified State or local candidate, provided that such activity is not a get-out-the-vote activity or any other activity covered by paragraph (1). ``(3) Any amount spent by a national, State, district or local committee or entity of a political party to raise funds that are used, in whole or in part, to pay the costs of any activity covered by paragraph (1) shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. This paragraph shall apply to any entity that is established, financed, maintained, or controlled by a State, district or local committee of a political party or any agent or officer of such party committee in the same manner as it applies to that committee. ``(c) No national, State, district or local committee of a political party shall solicit any funds for or make any donations to any organization that is exempt from Federal taxation under section 501(c) of the Internal Revenue Code of 1986. ``(d)(1) No candidate for Federal office, individual holding Federal office, or any agent of such candidate or officeholder, may solicit or receive (A) any funds in connection with any Federal election unless such funds are subject to the limitations, prohibitions and reporting requirements of this Act; (B) any funds that are to be expended in connection with any election for other than a Federal election unless such funds are not in excess of the amounts permitted with respect to contributions to Federal candidates and political committees under section 315(a) (1) and (2), and are not from sources prohibited from making contributions by this Act with respect to election for Federal office. This paragraph shall not apply to the solicitation or receipt of funds by an individual who is a candidate for a non-Federal office if such activity is permitted under State law for such individual's non-Federal campaign committee. ``(2)(A) No candidate for Federal office or individual holding Federal office may directly or indirectly establish, maintain, finance or control any organization described in section 501(c) of the Internal Revenue Code of 1986 if such organization raises funds from the public. ``(B) No candidate for Federal office or individual holding Federal office may raise funds for any organization described in section 501(c) of the Internal Revenue Code of 1986 if the activities of the organization include voter registration or get-out-the-vote campaigns. ``(C) For purposes of this paragraph, an individual shall be treated as holding Federal office if such individual-- ``(i) holds a Federal office; or ``(ii) holds a position described in level I of the Executive Schedule under 5312 of title 5, United States Code.''. SEC. 7. REPORTING REQUIREMENTS. (a) Reporting Requirements.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) Political Committees.--(1) A political committee other than a national committee of a political party, any congressional campaign committee of a political party, and any subordinate committee of either, to which section 325(b)(1) applies shall report all receipts and disbursements. ``(2) Any political committee other than the committees of a political party shall report any receipts or disbursements that are used in connection with a Federal election. ``(3) If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in subsection (b) (3)(A), (5), or (6). ``(4) Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. (b) Reports by State Committees.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by subsection (a), is further amended by adding at the end the following new subsection: ``(e) Filing of State Reports.--In lieu of any report required to be filed by this Act, the Commission may allow a State committee of a political party to file with the Commission a report required to be filed under State law if the Commission determines such reports contain substantially the same information.''. (c) Other Reporting Requirements.-- (1) Authorized committees.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (A) by striking out ``and'' at the end of subparagraph (H); (B) by inserting ``and'' at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: ``(J) in the case of an authorized committee, disbursements for the primary election, the general election, and any other election in which the candidate participates;''. (2) Names and addresses.--Section 304(b)(5)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A)) is amended-- (A) by striking out ``within the calendar year''; and (B) by inserting ``, and the election to which the operating expenditure relates'' after ``operating expenditure''. SEC. 8. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 7, is further amended by adding at the end the following new subsection: ``(f) Election Activity of Persons Other Than Political Parties.-- (1)(A)(i) If any person to which section 325 does not apply makes (or obligates to make) disbursements for activities described in section 325(b)(1) in excess of $2,000, such person shall file a statement-- ``(I) within 48 hours after the disbursements (or obligations) are made; or ``(II) in the case of disbursements (or obligations) that are required to be made within 20 days of the election, within 24 hours after such disbursements (or obligations) are made. ``(ii) An additional statement shall be filed each time additional disbursements aggregating $2,000 are made (or obligated to be made) by a person described in clause (i). ``(B) This paragraph shall not apply to-- ``(i) a candidate or a candidate's authorized committees; or ``(ii) an independent expenditure (as defined in section 301(17)). ``(2) Any statement under this section shall be filed with the Commission and shall contain such information as the Commission shall prescribe, including whether the disbursement is in support of, or in opposition to, 1 or more candidates or any political party.''.

Congressional Campaign Integrity Act - Amends the Federal Election Campaign Act of 1971 to prohibit the use of labor organization dues and fees for contributions or expenditures in any Federal election or to promote any political activity or organization. (Sec. 3) Prohibits candidates for Federal office from making any loans to their campaigns. (Sec. 4) Increases the contribution limitation applicable to individuals. Decreases the limitation on multicandidate political committee contributions to be equal to the limitation applicable in the preceding. (Sec. 5) Prohibits a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress from accepting contributions from individuals other than in-State individual residents which total the same as, or in excess of, the total of contributions accepted from in-State individual residents. (Sec. 6) Limits soft money contributions and expenditures of political parties. (Sec. 7) Sets forth reporting requirements concerning political committees. Allows a State political party committee to file a State report in lieu of any report required to be filed by this Act, if the Federal Election Commission determines such reports contain substantially the same information. (Sec. 8) Modifies reporting requirements concerning soft money for election activity aggregating in excess of $2,000 disbursed or obligated by any individual other than political parties.

Congressional Campaign Integrity Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fueling America Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INCREASED PRODUCTION OF NATURAL GAS AND LIQUEFIED PETROLEUM GAS VEHICLES Sec. 101. Definitions. Sec. 102. Natural gas and liquefied petroleum gas vehicle research, development, and demonstration projects. Sec. 103. Study of increasing natural gas and liquefied petroleum gas vehicles in Federal fleet. Sec. 104. Clean school bus program. TITLE II--TAX INCENTIVES Sec. 201. Credit for natural gas and liquefied petroleum gas refueling property. Sec. 202. Credit for purchase of vehicles fueled by natural gas or liquefied petroleum gas. TITLE I--INCREASED PRODUCTION OF NATURAL GAS AND LIQUEFIED PETROLEUM GAS VEHICLES SEC. 101. DEFINITIONS. In this title: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Natural gas.--The term ``natural gas'' means-- (A) compressed natural gas; (B) liquefied natural gas; (C) biomethane; and (D) mixtures of-- (i) hydrogen; and (ii) methane, biomethane, compressed natural gas, or liquefied natural gas. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 102. NATURAL GAS AND LIQUEFIED PETROLEUM GAS VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS. (a) In General.--The Secretary, in coordination with the Administrator, shall conduct a program of natural gas and liquefied petroleum gas vehicle research, development, and demonstration. (b) Purposes.--The purposes of the program conducted under this section are to focus on-- (1) the continued improvement and development of new, cleaner, more efficient light-duty, medium-duty, and heavy-duty natural gas and liquefied petroleum gas vehicle engines; (2) the integration of those engines into light-duty, medium-duty, and heavy-duty natural gas and liquefied petroleum gas vehicles for onroad and offroad applications; (3) expanding product availability by assisting manufacturers with the certification of the engines or vehicles described in paragraph (1) or (2) to comply with Federal or California certification requirements and in-use emission standards; (4) the demonstration and proper operation and use of the vehicles described in paragraph (2) under all operating conditions; (5) the development and improvement of nationally recognized codes and standards for the continued safe operation of vehicles described in paragraph (2) and the components of the vehicles; (6) improvement in the reliability and efficiency of natural gas and liquefied petroleum gas fueling station infrastructure; (7) the certification of natural gas and liquefied petroleum gas fueling station infrastructure to nationally recognized and industry safety standards; (8) the improvement in the reliability and efficiency of onboard natural gas and liquefied petroleum gas fuel storage systems; (9) the development of new natural gas and liquefied petroleum gas fuel storage materials; (10) the certification of onboard natural gas and liquefied petroleum gas fuel storage systems to nationally recognized and industry safety standards; and (11) the use of natural gas and liquefied petroleum gas engines in hybrid vehicles. (c) Certification of Aftermarket Conversion Systems.-- (1) In general.--The Secretary shall coordinate with the Administrator on issues related to streamlining the certification of natural gas and liquefied petroleum gas aftermarket conversion systems to comply with appropriate Federal certification requirements and in-use emission standards. (2) Streamlined certification.--For purposes of paragraph (1), streamlined certification shall include providing aftermarket conversion system manufacturers the option to continue to sell and install systems on engines and test groups for which the manufacturers have previously received a certificate of conformity without having to request a new certificate in future years. (d) Cooperation and Coordination With Industry.--In developing and carrying out the program under this section, the Secretary shall coordinate with the natural gas and liquefied petroleum gas vehicle industry to ensure, to the maximum extent practicable, cooperation between the public and the private sector. (e) Administration.--The program under this section shall be conducted in accordance with sections 3001 and 3002 of the Energy Policy Act of 1992 (42 U.S.C. 13541, 13542). (f) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the implementation of this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $30,000,000 for each of fiscal years 2010 through 2014. SEC. 103. STUDY OF INCREASING NATURAL GAS AND LIQUEFIED PETROLEUM GAS VEHICLES IN FEDERAL FLEET. Not later than 180 days after the date of enactment of this Act, the Administrator of General Services, in consultation with the Administrator, shall-- (1) conduct a study on whether or not the Federal fleet should increase the number of light-duty, medium-duty, and heavy-duty natural gas and liquefied petroleum gas vehicles in the fleet; (2) assess the barriers to increasing the number of natural gas and liquefied petroleum gas vehicles in the fleet; (3) assess the potential for maximizing the use of natural gas and liquefied petroleum gas vehicles in the fleet; and (4) submit to the appropriate committees of Congress a report on the results of the study. SEC. 104. CLEAN SCHOOL BUS PROGRAM. (a) In General.--Section 6015 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (42 U.S.C. 16091a) is amended-- (1) in subsection (b)(5)-- (A) in subparagraph (A)-- (i) in the subparagraph heading, by striking ``50'' and inserting ``65''; (ii) in the matter preceding clause (i), by striking ``one-half'' and inserting ``65 percent''; (iii) in clause (i)(II), by striking ``or'' after the semicolon at the end; (iv) in clause (ii), by striking the period at the end and inserting as semicolon; and (v) by adding at the end the following: ``(iii) clean school buses with engines manufactured in model year 2010, 2011, 2012, 2013, or 2014 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in that model year; or ``(iv) clean school buses with engines only fueled by compressed natural gas, liquefied natural gas, or liquefied petroleum gas, except that school buses described in this clause may be eligible for a grant that is equal to an additional 25 percent of the acquisition costs of the school buses (including fueling infrastructure).''; and (B) in subparagraph (B)-- (i) in the subparagraph heading, by striking ``25'' and inserting ``50''; and (ii) in the matter preceding clause (i), by striking ``one-fourth'' and inserting ``50 percent''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking ``2008, 2009, and 2010.'' and inserting ``2008 and 2009; and''; and (C) by adding at the end the following: ``(3) $75,000,000 for each of fiscal years 2010 through 2014.''. (b) Technical Correction.--Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is repealed. TITLE II--TAX INCENTIVES SEC. 201. CREDIT FOR NATURAL GAS AND LIQUEFIED PETROLEUM GAS REFUELING PROPERTY. (a) Increase in Credit Percentage for Natural Gas and Liquefied Petroleum Gas Refueling Property.--Subsection (e) of section 30C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Special rule for qualified natural gas vehicle refueling property and qualified liquefied petroleum gas vehicle refueling property.-- ``(A) In general.--In the case of any qualified natural gas vehicle refueling property and any qualified liquefied petroleum gas vehicle refueling property to which paragraph (6) does not apply-- ``(i) subsection (a) shall be applied by substituting `50 percent' for `30 percent', ``(ii) subsection (b)(1) shall be applied by substituting `$50,000' for `$30,000', and ``(iii) subsection (b)(2) shall be applied by substituting `$2,000' for `$1,000'. ``(B) Qualified natural gas vehicle refueling property.--For purposes of this paragraph, the term `qualified natural gas vehicle refueling property' has the same meaning as the term `qualified alternative fuel vehicle refueling property' would have under subsection (c) if only natural gas, compressed natural gas, and liquefied natural gas were treated as clean- burning fuels for purposes of section 179A(d). ``(C) Qualified liquefied petroleum gas vehicle refueling property.--For purposes of this paragraph, the term `qualified liquefied petroleum gas vehicle refueling property' has the same meaning as the term `qualified alternative fuel vehicle refueling property' would have under subsection (c) if only liquefied petroleum gas were treated as a clean-burning fuel for purposes of section 179A(d).''. (b) Extension of Credit.--Subsection (g) of section 30C of the Internal Revenue Code of 1986 is amended to read as follows: ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2014.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008, in taxable years ending after such date. SEC. 202. CREDIT FOR PURCHASE OF VEHICLES FUELED BY NATURAL GAS OR LIQUEFIED PETROLEUM GAS. (a) In General.--Subsection (e) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Higher incremental cost limits for natural gas vehicles and liquefied petroleum gas vehicles.-- ``(A) In general.--In the case of any eligible natural gas motor vehicle and any eligible liquefied petroleum gas motor vehicle, paragraph (3) shall be applied by multiplying each of the dollar amounts contained in such paragraph by 2. ``(B) Eligible natural gas motor vehicle.--For purposes of this paragraph, the term `eligible natural gas motor vehicle' means (except as provided in clause (ii)) a new qualified alternative fuel motor vehicle or aftermarket conversion system the final assembly of which is in the United States and that-- ``(i) is only capable of operating on compressed natural gas or liquefied natural gas, or ``(ii) is capable of operating for more than 175 miles on compressed natural gas or liquefied natural gas and is capable of operating on gasoline or diesel fuel. ``(C) Eligible liquefied petroleum gas motor vehicle.--For purposes of this paragraph, the term `eligible liquefied petroleum gas motor vehicle' means (except as provided in clause (ii)) a new qualified alternative fuel motor vehicle or aftermarket conversion system the final assembly of which is in the United States and that-- ``(i) is only capable of operating on liquefied petroleum gas, or ``(ii) is capable of operating for more than 175 miles on liquefied petroleum gas and is capable of operating on gasoline or diesel fuel. ``(D) Aftermarket conversion system.--For purposes of this paragraph, the term `aftermarket conversion system' means property that converts a vehicle that is not described in this paragraph into an eligible natural gas motor vehicle (for purposes of subparagraph (B)) or an eligible liquefied petroleum gas motor vehicle (for purposes of subparagraph (C)).''. (b) Extension of Credit for Natural Gas and Liquefied Petroleum Gas Vehicles.--Paragraph (4) of section 30B(k) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of paragraph (3), (2) by striking the period at the end of paragraph (4) and inserting ``, and'', (3) by striking ``(as described in subsection (e))'' in paragraph (4) and inserting ``(as described in paragraph (4) or (5) of subsection (e))'', and (4) by adding at the end the following new paragraph: ``(5) in the case of a new qualified alternative fuel vehicle described in subsection (e)(6), December 31, 2014.''. (c) Effective Date.--The amendments made by this section shall apply to vehicles placed in service after December 31, 2008, in taxable years ending after such date.

Fueling America Act of 2009 - Directs the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency (EPA), to: (1) conduct a natural gas and liquefied petroleum gas vehicle research, development, and demonstration program; and (2) address the streamlining of manufacturer certification of natural gas and liquefied petroleum gas aftermarket conversion systems to comply with federal requirements and in-use emission standards. Requires the Administrator of General Services to study and report to Congress on whether the federal fleet should increase the number of its light-duty, medium-duty, and heavy-duty natural gas and liquefied petroleum gas vehicles. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to increase from 50% to 65% of acquisition costs the federal matching grants for replacing school buses under the clean school bus program. Extends eligibility for such grants to clean school buses with: (1) engines manufactured in model years 2010-2014 that satisfy federal requirements for emissions of oxides of nitrogen and particulate matter; or (2) engines only fueled by compressed natural gas, liquefied natural gas, or liquefied petroleum gas (including eligibility for a grant for an additional 25% of the acquisition costs of such school buses). Amends the Internal Revenue Code to increase the percentage rate of, and extend through calendar 2014, the tax credit for the purchase of natural gas vehicle refueling property and liquefied petroleum gas vehicle refueling property. Doubles the incremental cost limits for vehicles fueled by natural gas or liquefied petroleum gas in the formula for determining the new qualified alternative fuel motor vehicle credit.

A bill to encourage increased production of natural gas and liquified petroleum gas vehicles and to provide tax incentives for natural gas and liquefied petroleum gas vehicle infrastructure, and for other purposes.

SECTION 1. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS AND OTHER FEDERAL ACCOUNTS. (a) Protection of Federal Funds.--Notwithstanding any other provision of law-- (1) no officer or employee of the United States may-- (A) delay the deposit of any amount into (or delay the credit of any amount to) any Federal fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in any Federal fund, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (2) no officer or employee of the United States may disinvest amounts in any Federal fund which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of Benefits and Expenditures for Administrative Expenses.-- (1) In general.--Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from a covered benefits fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such covered benefits fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the covered benefits fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by a covered benefits fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such covered benefits fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public Debt Obligation.--For purposes of this section, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code. (d) Federal Fund.--For purposes of this section, the term ``Federal fund'' means any Federal trust fund or Government account established pursuant to Federal law to which the Secretary of the Treasury has issued or is expressly authorized by law directly to issue obligations under chapter 31 of title 31, United States Code, in respect of public money, money otherwise required to be deposited in the Treasury, or amounts appropriated. (e) Covered Benefits Fund.--For purposes of subsection (b), the term ``covered benefits fund'' means any Federal fund from which cash benefits are payable by law in the form of retirement benefits, separation payments, life or disability insurance benefits, or dependent's or survivor's benefits, including (but not limited to) the following: (1) the Federal Old-Age and Survivors Insurance Trust Fund; (2) the Federal Disability Insurance Trust Fund; (3) the Civil Service Retirement and Disability Fund; (4) the Government Securities Investment Fund; (5) the Department of Defense Military Retirement Fund; (6) the Unemployment Trust Fund; (7) each of the railroad retirement funds and accounts; (8) the Department of Defense Education Benefits Fund and the Post-Vietnam Era Veterans Education Fund; and (9) the Black Lung Disability Trust Fund. SEC. 2. CONFORMING AMENDMENT. (a) In General.--Subsections (j), (k), and (l) of section 8348 of title 5, United States Code, and subsections (g) and (h) of section 8438 of such title are hereby repealed. (b) Retention of Authority To Restore Trust Funds With Respect to Actions Taken Before Date of Enactment.-- (1) In general.--The repeals made by subsection (a) shall not apply to the restoration requirements imposed on the Secretary of the Treasury (or the Executive Director referred to in section 8438(g)(5) of title 5, United States Code) with respect to amounts attributable to actions taken under subsection (j)(1) or (k) of section 8348, or section 8438(g)(1), of such title before the date of the enactment of this Act. (2) Restoration requirements.--For purposes of paragraph (1), the term ``restoration requirements'' means the requirements imposed by-- (A) paragraphs (2), (3), and (4) of subsection (j), and subsection (l)(1), of section 8348 of such title, and (B) paragraphs (2), (3), (4), and (5) of subsection (g), and subsection (h)(1), of section 8438 of such title. Passed the House of Representatives December 14, 1995. Attest: ROBIN H. CARLE, Clerk.

Prohibits a U.S. officer or employee from: (1) delaying the deposit or credit of any amount into any Federal fund, otherwise varying from normal procedures for making deposits or credits, or refraining from investments in public debt obligations of amounts in such fund if the purpose of such action or inaction is to not increase the amount of outstanding public debt obligations; and (2) disinvesting amounts in any such fund which are invested in public debt obligations if a purpose is to reduce the amount of outstanding public debt obligations. Prescribes that during any period for which cash benefits or administrative expenses would not be payable from a covered benefits fund because of an inability to issue further public debt obligations due to the applicable public debt limit, such obligations held by a covered benefits fund will only be sold or redeemed for payment of: (1) such benefits; or (2) administrative expenses and only if cash assets of such fund are not available from month to month for the purpose of making such payments. Requires the Secretary of the Treasury to notify each House of the Congress and the Comptroller General not less than three days before an expected sale or redemption.

To enforce the public debt limit and to protect the social security trust funds and other federal trust funds and accounts invested in public debt obligations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to Independence Act of 2005''. SEC. 2. STATE OPTION TO RECEIVE CREDIT FOR RECIPIENTS WHO ARE DETERMINED BY APPROPRIATE AGENCIES WORKING IN COORDINATION TO HAVE A DISABILITY AND TO BE IN NEED OF SPECIALIZED ACTIVITIES. (a) In General.--Section 407(c)(2) of the Social Security Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the following: ``(E) State option to receive credit for recipients who are determined by appropriate agencies working in coordination to have a disability and to be in need of specialized activities.-- ``(i) Initial 3-month period.--At the option of the State, if the State agency responsible for administering the State program funded under this part determines that an individual described in clause (iv) is not able to meet the State's full work requirements, but is engaged in activities prescribed by the State, the State may deem the individual as being engaged in work for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b) for not more than 3 months in any 24-month period. ``(ii) Additional 3-month period.--A State may extend the 3-month period under clause (i) for an additional 3 months only if, during such additional 3-month period, the individual engages in rehabilitative services prescribed by the State and a work activity described in subsection (d) for such number of hours per month as the State determines appropriate. ``(iii) Rules for credit in succeeding months.-- ``(I) In general.-- If the State agency responsible for administering the State program funded under this part works in collaboration or has a referral relationship with other governmental or private agencies with expertise in disability determinations or appropriate services plans for adults with disabilities (including agencies that receive funds under this part) and one of these entities determines that an individual treated as being engaged in work under clauses (i) and (ii) continues to be unable to meet the State's full work requirements because of the individual's disability and continuing need for rehabilitative services after the conclusion of the periods applicable under such clauses, then for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), the State may receive credit in accordance with subclause (II) for certain activities undertaken with respect to the individual. ``(II) Credit for activities undertaken through collaborative agency process.--Subject to subclause (III), if the State undertakes to provide services for an individual to which subclause (I) applies through a collaborative process that includes governmental or private agencies with expertise in disability determinations or appropriate services for adults with disabilities, the State shall be credited for purposes of the monthly participation rates determined under paragraphs (1)(B)(i) and (2)(B) of subsection (b) with the lesser of-- ``(aa) the sum of the number of hours the individual participates in an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) for the month and the number of hours that the individual participates in rehabilitation services under this clause for the month; or ``(bb) twice the number of hours the individual participates in an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) for the month. ``(III) Limitation.--A State shall not receive credit under this clause towards the monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b) unless the State reviews the disability determination of an individual to which subclause (I) applies and the activities in which the individual is participating not less than every 6 months. ``(iv) Individual described.--For purposes of this subparagraph, an individual described in this clause is an individual who the State has determined has a disability, including a substance abuse problem, and would benefit from participating in rehabilitative services while combining such participation with other work activities. ``(v) Definition of disability.--In this subparagraph, the term `disability' means a physical or mental impairment, including substance abuse, that-- ``(I) constitutes or results in a substantial impediment to employment; or ``(II) substantially limits 1 or more major life activities.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on October 1, 2005.

Pathways to Independence Act of 2005 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to give States the option to receive credit for recipients who are determined by appropriate agencies to have a disability and to be in need of specialized activities.

A bill to amend part A of title IV of the Social Security Act to permit a State to receive credit towards the work requirements under the temporary assistance for needy families program for recipients who are determined by appropriate agencies working in coordination to have a disability and to be in need of specialized activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Wheat Gluten Act of 1996''. SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION. (a) In General.--In addition to any other duty that may apply, there is imposed a duty of 25 percent ad valorem on wheat gluten described in subsection (b). (b) Wheat Gluten Described.--Wheat gluten described in this subsection is wheat gluten, whether or not dried, described in heading 1109.00 of the Harmonized Tariff Schedule of the United States, that is imported directly or indirectly from any member country of the European Union. (c) Applicability.--The rate of duty imposed under subsection (a) shall apply to goods described in subsection (b) that are entered, or withdrawn from warehouse for consumption, during the period beginning on the date that is 15 days after the date of the enactment of this Act and ending on whichever of the following dates occurs first with respect to an investigation initiated under section 3: (1) The date the investigation is suspended pursuant to section 3(b)(2). (2) The date on which a final negative determination is made by the Commission pursuant to section 705 of the Tariff Act of 1930. (3) The date on which an order is issued pursuant to section 706 of such Act. (d) Refunds; Collections.--If the amount of the duty imposed under this section is different from the amount of the cash deposit, bond, or other security required for the countervailing duty imposed under a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e) as a result of the investigation initiated under section 3, such difference shall be refunded, released, or collected, as the case may be, in accordance with section 707 of the Tariff Act of 1930 (19 U.S.C. 1671f). SEC. 3. INITIATION OF INVESTIGATION. (a) In General.--Notwithstanding any other provision of law, not later than 30 days after the date of the enactment of this Act, the administering authority shall initiate an investigation pursuant to section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to the importation and sales for importation into the United States of wheat gluten described in section 2(b). (b) Application of Title VII of the Tariff Act of 1930.-- (1) In general.--Except as otherwise provided in this Act, the provisions of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall apply to the countervailing duty investigation initiated under subsection (a). (2) Termination or suspension of investigation.-- (A) Termination.--Subsections (a) and (k) of section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c (a) and (k)) shall not apply to the investigation initiated pursuant to subsection (a). (B) Suspension.--The investigation initiated pursuant to subsection (a) may be suspended pursuant to subsection (b) or (c) of section 704 of such Act, if the requirements of such section 704 and subparagraph (C) are satisfied. (C) Suspension of investigation procedure.--The requirements of this subparagraph are satisfied if, not less than 30 days before suspending the investigation, the administering authority-- (i) notifies the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Commission, and other parties to the investigation, of the administering authority's intention to suspend the investigation; (ii) consults with such committees regarding such suspension; (iii) provides to such committees a copy of the proposed agreement pursuant to which the investigation is to be suspended, together with an explanation of-- (I) how the agreement will be carried out and enforced; (II) how the agreement meets the requirements of subsections (b), (c), (d), and (e) of section 704 of the Tariff Act of 1930; and (III) any action required of the European Union; and (iv) permits all interested parties to submit comments and information for the record before the date on which notice of suspension of the investigation is published. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Administering authority.--The term ``administering authority'' has the meaning given such term by section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)). (2) Commission.--The term ``Commission'' means the United States International Trade Commission.

Emergency Wheat Gluten Act of 1996 - Impose s a 25 percent ad valorem duty on wheat gluten imported from European Union countries. Directs the administering authority to initiate a countervailing duty investigation with respect to such wheat.

Emergency Wheat Gluten Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Courts of Appeals Modernization Act''. SEC. 2. ESTABLISHMENT. There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 5 members who shall be appointed by the Chief Justice of the United States. (b) Appointment.--The members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. (c) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (d) Chair.--The Commission shall elect a chair and vice chair from among its members. (e) Quorum.--Three members of the Commission shall constitute a quorum. SEC. 4. DUTIES. The Commission shall-- (1) study the present division of the United States courts of appeals, with particular references to the United States Court of Appeals for the Ninth Circuit; and (2) submit to the President and Congress a report on the recommendations of the Commission with respect to changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the United States courts of appeals, consistent with fundamental concepts of fairness and due process. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to $300 for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates not greater than those described in section 456 of title 28, United States Code. SEC. 6. STAFF. (a) Executive Director.--The Commission may appoint an executive director who shall be compensated at a rate not greater than the daily equivalent of the annual rate of basic pay prescribed for a position at GS-15 of the General Schedule for each day (including travel time) during which the executive director is engaged in the performance of the duties of the Commission. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that a rate of pay fixed under this subsection may not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure by contract the temporary or intermittent services of experts or consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals that are not greater than the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, to the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services to the Commission on a reimbursable basis. SEC. 7. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the United States any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 8. STUDY AND REPORT. (a) Study.--Not later than the 10-month period beginning on the date on which a quorum of the Commission is present, the Commission shall conclude a study on the issues described in section 4(1). (b) Report.--Not later than 60 days after the date on which the period described in subsection (a) expires, the Commission shall submit to the President and Congress the report described in section 4(1). SEC. 9. TERMINATION. The Commission shall terminate 90 days after the Commission submits the report described in section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary not to exceed $1,000,000 to carry out this Act, to remain available until expended.

Federal Courts of Appeals Modernization Act This bill establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the U.S. courts of appeals, with particular references to the U.S. Court of Appeals for the Ninth Circuit; and (2) submit to the President and Congress recommendations for changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of such courts. The commission shall be composed of five members appointed by the Chief Justice of the United States.

Federal Courts of Appeals Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small, Safe Schools Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Research related to school size indicates that elementary and middle schools with 300-400 students, and secondary schools with 400-800 students, are more effective than schools with larger student populations. (2) Smaller school size promotes learning and improves students' grades and test scores, especially for ethnic minority and low income students. Smaller school size has been found to be the second most important factor, after high socioeconomic status, in creating positive educational outcomes. (3) Students who attend smaller schools have more positive personal and academic self-concepts. Students and staff at smaller schools have a stronger sense of personal efficacy, and the students take more of the responsibility for their own learning, which includes more individualized and experimental learning relevant to the world outside of school. (4) Studies on school dropout rates show a decrease in the rates as schools get smaller. (5) Creating smaller schools and smaller learning communities within larger schools promotes school safety. Behavioral problems, including truancy, classroom disruption, vandalism, aggressive behavior, theft, substance abuse, and gang participation are greater in larger schools. Teachers in smaller schools learn of disagreements between students and can resolve problems before problems become severe. (6) School size plays a very important role in shaping the kinds of social relationships that form within schools. Smaller schools and learning communities reduce the isolation that causes violence. Smaller schools allow students to form closer relationships with their teachers and create a sense of ownership and belonging to their school. Young people who feel more connected to their school are less likely to be involved in violence. Smaller schools and learning communities are especially effective in reducing the types of violence parents fear most, particularly gang activity and serious violent incidents. (7) Students in smaller schools are less likely to have problems with drugs or alcohol. (8) Based on studies of secondary school violence, researchers have concluded that the first step in ending school violence must be to break through the impersonal atmosphere of larger secondary schools by creating smaller communities of learning within larger structures, where students and teachers can come to know each other well. (9) Research demonstrates that students attending smaller schools are more likely to participate in extracurricular activities. The students are also involved in a greater variety of activities, while students in larger schools tend to be polarized into a group that participates and a group that does not participate in any extracurricular activities. Because everyone in smaller schools is needed to populate teams, offices, and clubs, even shy and less able students are encouraged to participate and given a sense of belonging. (10) Larger schools contribute to negative teacher attitudes and low staff morale. (11) Smaller schools can be established cost effectively. Larger schools can be more expensive because the sheer size of the larger schools requires more administrative support. More importantly, additional bureaucracy translates into less flexibility and innovation. SEC. 3. SMALL SCHOOLS AND SMALLER LEARNING COMMUNITIES. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``Part L--Small Schools and Smaller Learning Communities ``SEC. 10995. DEFINITIONS. ``In this part: ``(1) Eligible applicant.--The term `eligible applicant' means a local educational agency, an elementary school, a secondary school, or a Bureau funded school (as defined in section 1146(3) of this Act (25 U.S.C. 2026(3))) that is working independently or in partnership with other public agencies or private non-profit organizations. ``(2) Small school.--The term `small school' means a school-- ``(A) that has few enough students and teachers so that all teachers are able to know all students, and has a maximum student population of-- ``(i) 350 students in the case of an elementary school; and ``(ii) 400 to 800 students in the case of a secondary school; ``(B) in which teachers coordinate and cooperate in developing and implementing curricula; ``(C) in which a sense of shared leadership and ownership among teachers, administrators, and staff exists; and ``(D) in which parents are considered a valued part of the educational team. ``(3) Smaller learning community.--The term `smaller learning community' means a cohesive unit that-- ``(A) exists within a larger school; and ``(B) meets the requirements of subparagraphs (B) through (D) of paragraph (2). ``SEC. 10996. SMALLER LEARNING COMMUNITIES. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible applicants to enable eligible applicants to carry out the authorized activities described in subsection (c). ``(b) Applications.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall describe-- ``(1) strategies and methods the eligible applicant will use to create the smaller learning community; ``(2) curriculum and instructional practices, including any particular themes or emphases, to be used in the learning environment; ``(3) the extent of involvement of teachers and other school personnel in investigating, designing, implementing, and sustaining the smaller learning community; ``(4) the process to be used for involving students, parents, and other stakeholders in the development and implementation of the smaller learning community; ``(5) any cooperation or collaboration among community agencies, organizations, businesses, and others to develop or implement a plan to create the smaller learning community; ``(6) the training and professional development activities that will be offered to teachers and others involved in the activities assisted under this section; ``(7) the goals and objectives of the activities assisted under this section, including a description of how such activities will better enable all students to reach challenging State content standards and State student performance standards; ``(8) the methods by which the eligible applicant will assess progress in meeting such goals and objectives; ``(9) if the smaller learning community exists as a school- within-a-school, the relationship, including governance and administration, of the smaller learning community to the rest of the school; ``(10) a description of the administrative and managerial relationship between the eligible applicant and the smaller learning community, including how such eligible applicant will demonstrate a commitment to the continuity of the smaller learning community, including the continuity of student and teacher assignment to a particular learning community; ``(11) how the eligible applicant will coordinate or use funds provided under this section with other funds provided under this Act or other Federal laws; ``(12) grade levels or ages of students who will participate in the smaller learning community; and ``(13) the method of placing students in the smaller learning community, such that students are not placed according to ability, performance, or any other measure, so that students are placed at random or by their own choice, not pursuant to testing or other judgments. ``(c) Authorized Activities.--Funds under this section may be used-- ``(1) to study the feasibility of creating the smaller learning community as well as effective and innovative organizational and instructional strategies that will be used in the smaller learning community; ``(2) to research, develop, and implement strategies for creating the smaller learning community, as well as effective and innovative changes in curriculum and instruction, geared to high State content standards and State student performance standards; ``(3) to provide professional development for school staff in innovative teaching methods that challenge and engage students and will be used in the smaller learning community; and ``(4) to develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community members in the smaller learning communities as facilitators of activities that enable teachers-- ``(A) to participate in professional development activities; and ``(B) to provide links between students and their community. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 3 succeeding fiscal years. ``SEC. 10997. TECHNICAL ASSISTANCE. ``(a) Technical Assistance.--The Secretary is authorized to provide technical assistance to eligible applicants seeking to create smaller learning communities in the elementary schools or secondary schools served by the eligible applicants. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,500,000 for fiscal year 2001 and such sums as may be necessary for each of the 3 succeeding fiscal years. ``SEC. 10998. SCHOOL CONSTRUCTION AND RENOVATION. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible applicants to enable the eligible applicants to carry out construction described in paragraph (c), or renovation described in paragraph (d), of elementary schools or secondary schools. ``(b) Applications.-- ``(1) In general.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Increasing the number of small schools and smaller learning environments.--Each such application shall describe how the construction or renovation assisted under this section will enable more students to be educated in a small school or smaller learning environment than would otherwise be possible without funds made available under this section. ``(3) Priority.--The Secretary shall give priority to an application submitted under this subsection that demonstrates-- ``(A) that the eligible applicant is located in an area densely populated with school-aged children; or ``(B) that more students will be educated in the small school or smaller learning environment than would otherwise be possible without funds made available under this section. ``(c) Construction.--The Secretary shall only award grants under subsection (a) for construction of elementary schools or secondary schools that have the following maximum student capacities: ``(1) 350 students in the case of an elementary school. ``(2) 400 students in the case of a middle school. ``(3) 800 students in the case of a secondary school. ``(d) Renovation.--The Secretary shall only award a grant under subsection (a) for renovation of an elementary school or a secondary school, that has the maximum student capacity described in subsection (b), related to the creation of small schools, or smaller learning environments, within a larger school. ``(e) Report.--Each recipient of funds under this section shall provide the Secretary with an annual report that contains a capital budget for the construction or renovation to be assisted under this section. Such report shall include a description of-- ``(1) the proposed uses for grant funds authorized under this section; and ``(2) the actual uses of grant funds received under this section in a preceding year. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Authorizes the Secretary of Education to award to local educational agencies, elementary or secondary schools, and schools funded by the Bureau of Indian Affairs: (1) grants for certain activities relating to smaller learning communities; (2) technical assistance in creating smaller learning communities in schools; and (3) grants for construction or renovation of elementary, middle, and secondary schools with specified maximum student capacities. Authorizes appropriations.

Small, Safe Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remedies for Refusal of Repatriation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Homeland Security of the House of Representatives; and (F) the Committee on the Judiciary of the House of Representatives. (2) Crime of violence.--The term ``crime of violence'' has the meaning given that term in section 16 of title 18, United States Code. (3) Felony.--The term ``felony'' means-- (A) a crime classified as a felony in the convicting jurisdiction, excluding State or local offenses for which an essential element was the alien's immigration status; or (B) in the case of an offense under section 276 of the Immigration and Nationality Act (8 U.S.C. 1326), or other Federal immigration-related offense that the Secretary may designate by regulation, an offense for which the term of imprisonment imposed on the defendant exceeded 1 year. SEC. 3. REMEDIES FOR SYSTEMATIC REFUSAL OF REPATRIATION. (a) Criteria for Systematic Refusal or Delay.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish procedures for determining whether the government of a foreign country systematically and unreasonably refuses or delays the repatriation of nationals of such country who-- (1) have been ordered removed from the United States; and (2)(A) have been convicted of a felony; (B) have been convicted of a crime of violence; or (C) are a threat to national security or public safety. (b) Requirements for Inclusion on Refusal or Delay List.--A country shall be deemed to systematically and unreasonably refuse or delay the repatriation of its nationals if-- (1) the country refuses-- (A) to repatriate an individual described in subsection (a) who has been ordered removed notwithstanding the designation of such country as the place to which the individual is to be removed by the United States under section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)); and (B)(i) to secure and analyze all documents within its control that could tend to identify the nationality of such individual; or (ii) to ensure that a government official capable of determining that such individual is a national of such country interviews such individual and, if additional evidence is needed, such individual's family; or (2) other factors indicate that the country systematically and unreasonably refuses or delays the repatriation of nationals of such country who are described in subsection (a) and have been ordered removed to such country by the United States. (c) Notification Requirements.--Upon determining that a country systematically and unreasonably refuses or delays repatriation of its nationals-- (1) the Secretary of Homeland Security shall notify the Secretary of State of such determination in writing not later than 5 days after such determination; and (2) the Secretary of State and the Secretary of Homeland Security shall-- (A) meet concurrently with representatives of the foreign government in the United States and in the foreign country about such determination; and (B) notify such representatives that the United States may discontinue issuance of visas to nationals of such country under section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). (d) Discontinuance of Visas.--In furtherance of section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253) and except as provided under subsection (e), if a country described in subsection (c) continues to systematically and unreasonably refuse or delay the repatriation of its nationals described in subsection (a) after receiving notification under subsection (c)(2)(B)-- (1) the Secretary of Homeland Security shall notify the Secretary of State that the country meets the criteria described in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)); and (2) the Secretary of State shall discontinue the issuance of visas in accordance with such section. (e) Exception.--If the Secretary of Homeland Security determines that it is not in the interests of the United States to discontinue the issuance of visas to nationals of a country described in subsection (d), the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report documenting the reasons for such determination. (f) Public Dissemination of Information.--The Secretary of Homeland Security and the Secretary of State shall list countries that systematically and unreasonably refuse or delay repatriation of their nationals described in subsection (a) on the Web sites of their respective departments. (g) Reports to Congress.--Not later than March 1 of each year, the Secretary of Homeland Security and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that-- (1) identifies the countries that met the criteria developed pursuant to subsection (a) in the previous calendar year; (2) describes the actions taken by the Secretary of Homeland Security and the Secretary of State after determining that a country met the criteria developed pursuant to subsection (a); (3) identifies the countries included in the notifications described in subsections (c) and (d) and the actions taken by the Secretary of State as a result of such notifications; (4) identifies the countries that do not meet the criteria described in subsection (b), but have refused or delayed the repatriation of their nationals; and (5) describes the actions taken by the Secretary of Homeland Security and the Secretary of State with respect to the countries described in paragraph (4).

Remedies for Refusal of Repatriation Act This bill requires the Department of Homeland Security (DHS) to establish procedures for determining whether a foreign government systematically and unreasonably refuses or delays the repatriation of its nationals who: (1) have been ordered removed from the United States; and (2) have been convicted of a felony or a crime of violence or are a threat to national security or public safety. Upon determining that a country does refuse or delay repatriation of its nationals, DHS shall notify the Department of State and the two departments shall meet with the country's representatives and notify them that the United States may deny visas to their nationals. If the country continues to refuse or delay the repatriation of its nationals, the State Department shall discontinue the issuance of visas, unless DHS determines that such discontinuance is not in U.S. interests. DHS and the State Department shall list such countries on their websites.

Remedies for Refusal of Repatriation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raising Employment in Affordable Communities and Homes Act of 2013'' or the ``REACH Act of 2013''. SEC. 2. SECTION 3 ACTION PLANS. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Action Plans.-- ``(1) Public housing and indian housing assistance.-- ``(A) Public housing agencies.-- ``(i) In general.--Except as provided in clause (ii), a public housing agency may not be provided any development assistance pursuant to section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c), or assistance from the Operating Fund or Capital Fund under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g), for any fiscal year unless the agency prepares an action plan under this subsection that describes activities to be carried out in accordance subsections (c) and (d) of this section during such fiscal year. ``(ii) Inapplicability to qualified public housing agencies.--Clause (i) shall not apply to any qualified public housing agency, as such term is defined in section 5A(b)(3)(C) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(b)(3)(C)). ``(B) Indian tribes.-- ``(i) In general.--Except as provided in clause (ii), an Indian tribe or tribally designated housing entity (as such terms are defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) may not be provided any grant amounts under such Act for any program year unless the tribe or entity prepares an action plan under this subsection that describes activities to be carried out in accordance subsections (c) and (d) of this section during such fiscal year. ``(ii) Inapplicability.--Clause (i) shall not apply to any recipient of grant amounts under the Native American Housing Assistance and Self-Determination Act of 1996 for which the sum of-- ``(I) the number of affordable housing dwelling units administered by such recipient and assisted with such grant amounts, and ``(II) the number of households provided tenant-based rental assistance with such grant amounts by such recipient, is 550 or fewer. ``(C) Incorporation in annual plan.--Such an action plan for a year shall be incorporated-- ``(i) in the case of a public housing agency, in the annual plan under section 5A of such Act (42 U.S.C. 1437c-1) for the agency for such fiscal year; and ``(ii) in the case of an Indian tribe or tribally designated housing entity, the Indian housing plan under section 102 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4112) for the tribe for the program year. ``(D) Retroactive funding.--Funds may be provided to any public housing agency, and to any Indian tribe or tribally designated housing entity, retroactively upon the development and inclusion of an action plan under this subsection in an agency's annual plan, or the tribe's or tribally designated housing entity's Indian housing plan, respectively. ``(2) Other programs.--The Secretary shall require that each application for housing and community development assistance in an amount exceeding $200,000 shall include an action plan under this subsection that describes activities to be carried out in accordance subsections (c) and (d) of this section. ``(3) Content.--An action plan under this subsection for a public housing agency, for an Indian tribe or tribally designated housing entity, or for a recipient of housing and community development assistance, shall specify the agency's, tribe's or entity's, or recipient's-- ``(A) intended outreach efforts under this section within the community; ``(B) planned training programs; ``(C) relevant employment opportunities under this section; and ``(D) timeline for planned implementation under this section. ``(4) Oversight.--The Secretary shall take such actions as may be necessary to review the implementation of annual action plans under this subsection. ``(5) Penalties.--The Secretary may establish and impose penalties for public housing agencies, Indian tribes and tribally designated housing entities, recipients of housing and community development assistance that do not comply with their action plans to the satisfaction of the Secretary. Such penalties may include-- ``(A) in the case of a public housing agency, or tribe or tribally designated housing entity, withholding of assistance from the Department until compliance is achieved; and ``(B) in the case of recipients of housing and community development assistance-- ``(i) enforcement actions through the Departmental Enforcement Center of the Department of Housing and Urban Development; ``(ii) withholding future assistance payments; ``(iii) a flag in the Active Partners Performance System; and ``(iv) rejection of any further applications for assistance from the Department until compliance is achieved. ``(6) Authorization of appropriation.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.''. SEC. 3. EFFECTIVE DATE. The amendment under section 2 shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

Raising Employment in Affordable Communities and Homes Act of 2013 or REACH Act of 2013 - Amends the Housing and Urban Development Act of 1968 with respect to providing economic opportunities for low- and very low-income persons, particularly recipients of federal assistance for housing. Prohibits any assistance to a public housing agency (PHA) under the United States Housing Act of 1937 for any fiscal year for low-income housing projects (development assistance), or assistance from the Operating Fund or Capital Fund under the same Act, unless the PHA prepares an action plan describing activities that will: (1) provide such individuals the training and employment opportunities generated by such assistance, and (2) award contracts for work in connection with such assistance to business concerns that also provide economic opportunities for such individuals. Waives this prohibition for any qualified PHA: (1) the sum of the public housing dwelling units it administers, and the number of tenant-based rental assistance vouchers it administers, is 550 or fewer; and (2) that is not a troubled PHA, and does not have a failing score under the Section 8 Management Assessment Program during the prior 12 months. Prohibits an Indian tribe or tribally designated housing entity (as defined in the Native American Housing Assistance and Self-Determination Act of 1996) from providing any grant amounts under the Act for any program year unless the tribe or entity prepares an action plan meeting the same criteria. Waives this prohibition for any recipient of such grant amounts for which the sum of the affordable housing dwelling units it administers and the number of households provided tenant-based rental assistance with such grant amounts, is 550 or fewer. Requires incorporation of the yearly action plan in: (1) a PHA's annual plan for the fiscal year, or (2) an Indian tribe's (or designated entity's) Indian housing plan for the program year. Allows retroactive funding to any PHA, Indian tribe, or tribally designated entity upon the development and inclusion of an action plan in the PHA's annual plan or the tribe's or tribal entity's Indian housing plan. Directs the Secretary to require that each application for housing and community development assistance exceeding $200,000 include an action plan. Authorizes the Secretary to establish and impose penalties for PHAs, Indian tribes and tribally designated entities, and recipients of housing and community development assistance that do not comply with their action plans to the Secretary's satisfaction.

REACH Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Atlantic Fisheries Convention Act of 1993''. SEC. 2. REPRESENTATION OF UNITED STATES UNDER CONVENTION. (a) Commissioners.-- (1) Appointments, generally.--The Secretary shall appoint not more than three individuals to serve as the representatives of the United States on the General Council and the Fisheries Commission, who shall each-- (A) be known as a ``United States Commissioner to the Northwest Atlantic Fisheries Organization''; and (B) serve at the pleasure of the Secretary. (2) Requirements for appointments.-- (A) The Secretary shall ensure that of the individuals serving as Commissioners.-- (i) at least one is appointed from among representatives of the commercial fishing industry; and (ii) one (but no more than one) is an official of the Government. (B) The Secretary may not appoint as a Commissioner an individual unless the individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies. (3) Terms.-- (A) The term of an individual as a Commissioner-- (i) shall be specified by the Secretary at the time of appointment; and (ii) may not exceed four years. (B) An individual who is not a Government official may not serve more than two consecutive terms as a Commissioner. (b) Alternate Commissioners.-- (1) Appointment.--The Secretary may, for any anticipated absence of a duly appointed Commissioner at a meeting of the General Council or the Fisheries Commission, designate an individual to serve as an Alternate Commissioner. (2) Functions.--An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated. (c) Representatives.-- (1) Appointment.--The Secretary shall appoint not more than three individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a ``United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council''. (2) Eligibility for appointment.-- (A) The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Representative at least one individual who is an official of the Government. (3) Term.--An individual appointed as a Representative-- (A) shall serve for a term of not to exceed four years, as specified by the Secretary at the time of appointment; (B) may be reappointed; and (C) shall serve at the pleasure of the Secretary. (d) Alternate Representatives.-- (1) Appointment.--The Secretary may, for any anticipated absence of a duly appointed Representative at a meeting of the Scientific Council, designate an individual to serve as an Alternate Representative. (2) Functions.--An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Commissioner is designated, at any meeting of the Scientific Council for which the Alternate Representative is designated. (e) Experts and Advisers.--The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers. (f) Coordination and Consultation.-- (1) In general.--In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall-- (A) coordinate with the appropriate Regional Fishery Management Councils established by section 302 of the Magnuson Act (16 U.S.C. 1852); and (B) consult with the committee established under section 9. (2) Relationship to other law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coordination and consultations under this subsection. SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE. (a) Restriction.--The Representatives may not make a request or specification described in subsection (b)(1) or (2), respectively, unless the Representatives have first-- (1) consulted with the appropriate Regional Fishery Management Councils; and (2) received the consent of the Commissioners for that action. (b) Requests and Terms of Reference Described.--The requests and specifications referred to in subsection (a) are, respectively-- (1) any request, under Article VII(1) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and (2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(1) of the Convention. SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION. The Secretary of State may, on behalf of the Government of the United States-- (1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs; (2) object, or withdraw an objection, to the proposal of the Fisheries Commission; (3) give or withdraw notice of intent not to be bound by a measure of the Fisheries Commission; (4) object or withdraw an objection, to an amendment to the convention; and (5) act upon, or refer to any other appropriate authority, any other communication referred to in paragraph (1). SEC. 5. INTERAGENCY COOPERATION. (a) Authorities of Secretary.--In carrying out the provisions of the Convention and this Act, the Secretary may arrange for cooperation with other agencies of the United States, the States, the New England Fishery Management Council, and private institutions and organizations. (b) Other Agencies.--The head of any Federal agency may-- (1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and (2) accept reimbursement from the Organization for providing such services, facilities, and personnel. SEC. 6. RULEMAKING. The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located. SEC. 7. PROHIBITED ACTS AND PENALTIES. (a) Prohibition.--It is unlawful for any person or vessel that is subject to the jurisdiction of the United States-- (1) to violate any regulation issued under this Act or any measure that is legally binding on the United States under the Convention; (2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person's control for purposes of conducting any search or inspection in connection with the enforcement of this Act, any regulation issued under this Act, or any measure that is legally binding on the United States under the Convention; (3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search or inspection described in paragraph (2); (4) to resist a lawful arrest for any act prohibited by this section; (5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this section; or (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section. (b) Civil Penalty.--Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States for a civil penalty, or may be subject to a permit sanction, under section 308 of the Magnuson Act (16 U.S.C. 1858). (c) Criminal Penalty.--Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d) Civil Forfeiture.-- (1) In general.--Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act that is unlawful under subsection (a), and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). (2) Disposal of fish.--Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations issued by the Secretary. (e) Enforcement.--The Secretary and the Secretary of the Department in which the Coast Guard is operating shall enforce the provisions of this Act and shall have the authority specified in sections 311(a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)) for that purpose. (f) Jurisdiction of Courts.--The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time-- (1) enter restraining orders or prohibitions; (2) issue warrants, process in rem, or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interests of justice. SEC. 8. UNITED STATES-CANADA FISHERY MANAGEMENT AGREEMENT. (a) Negotiations.--Not later than one hundred and eighty days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce and the Committee established under section 9, is authorized and encouraged to initiate negotiations with the Government of Canada for the purpose of entering into an international fishery agreement with Canada for the conservation and management of fisheries of mutual concern in the northwest Atlantic Ocean, with particular emphasis on transboundary stocks of groundfish and ensuring the success of New England groundfish restoration efforts pursuant to the Magnuson Act. (b) Contents of Agreement.--An agreement entered into pursuant to this section shall-- (1) provide for timely and periodic exchanges of scientific information relating to the conservation and management of fisheries stocks of mutual concern; (2) provide for routine meetings between the officials of the United States and Canada responsible for the conservation and management of fisheries; (3) establish procedures for the identification of conservation and management measures that would be mutually beneficial; and (4) identify procedures for the implementation within each country of conservation and management measures identified as mutually beneficial. (c) Application of Existing Law.--An agreement entered into pursuant to this section shall be subject to section 203 of the Magnuson Act (16 U.S.C. 1823). (d) Letter.--Not later than one year after the date of enactment of this Act, and annually thereafter until the effective date of an agreement entered into pursuant to this section, the Secretary of State shall transmit to the Congress a letter describing activities of the Secretary under this section. SEC. 9. CONSULTATIVE COMMITTEE. (a) Establishment.--The Secretary of State and the Secretary of Commerce, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention and in the development and implementation of a fishery agreement pursuant to section 8. (b) Membership.--(1) The membership of the Committee shall include representatives from the New England Fishery Management Council, the States represented on that Council, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. (2) Terms and Reappointment.--Each member of the consultative committee shall serve for a term of two years and shall be eligible for reappointment. (c) Duties of the Committee.-- (1) Northwest atlantic fisheries organization.--Members of the consultative committee may attend-- (A) all public meetings of the General Council or the Fisheries Commission; (B) any other meetings to which they are invited by the General Council or the Fisheries Commission; and (C) all nonexecutive meetings of the United States Commissioners. (2) United states-canada fisheries management agreement.-- Members of the consultative committee shall advise the the Secretaries on any agreements established under section 8. (d) Relationship to Other Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultative committee established under this section. SEC. 10. ADMINISTRATIVE MATTERS. (a) Prohibition on Compensation.--A person shall not receive any compensation from the Government by reason of any service of the person as-- (1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative; (2) an expert or adviser authorized under section 2(e); or (3) a member of the consultative committee established by section 9. (b) Travel and Expenses.--The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six experts and advisers authorized under section 2(e) with respect to their actual performance of their official duties pursuant to this Act, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (c) Status as Federal Employees.--A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5, United States Code, and chapter 17 of title 28, United States Code, respectively. SEC. 11. DEFINITIONS. In this Act the following definitions apply: (1) Authorized enforcement officer.--The term ``authorized enforcement officer'' means a person authorized to enforce this Act, any regulation issued under this Act, or any measure that is legally binding on the United States under the Convention. (2) Commissioner.--The term ``Commissioner'' means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 2(a). (3) Convention.--The term ``Convention'' means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978. (4) Fisheries commission.--The term ``Fisheries Commission'' means the Fisheries Commission provided for by Articles II, XI, XII, XIII, and XIV of the Convention. (5) General council.--The term ``General Council'' means the General Council provided for by Article II, III, IV, and V of the Convention. (6) Magnuson act.--The term ``Magnuson Act'' means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (7) Organization.--The term ``Organization'' means the Northwest Atlantic Fisheries Organization provided for by Article II of the Convention. (8) Person.--The term ``person'' means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State). (9) Representative.--The term ``Representative'' means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 2(c). (10) Scientific council.--The term ``Scientific Council'' means the Scientific Council provided for by Articles II, VI, VII, VIII, IX, and X of the Convention. (11) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, including use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention, $500,000 for each of the fiscal years 1994, 1995, and 1996. HR 3058 IH----2

Northwest Atlantic Fisheries Convention Act of 1993 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including regarding: (1) appointment of U.S. representatives and alternate representatives as Commissioners and on the Scientific Council; (2) handling of requests for scientific advice; (3) the authorities of the Secretary of State; and (4) cooperation between various agencies, private institutions, and organizations. Makes certain actions unlawful, including: (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention; (2) resisting, impeding, intimidating, or interfering with certain actions; and (3) transporting, selling, or possessing fish taken in violation of these provisions. Provides for: (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish; (2) enforcement by the Coast Guard; and (3) U.S. district court exclusive jurisdiction. Authorizes and encourages the Secretary of State to initiate negotiations with the Government of Canada toward an international fishery agreement for the conservation and management of fisheries of mutual concern in the northwest Atlantic Ocean. Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention and the agreement with Canada. Authorizes appropriations.

Northwest Atlantic Fisheries Convention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Health Care in Rural America Act''. SEC. 2. GRANT PROGRAMS. Section 330A of the Public Health Service Act (42 U.S.C. 254c) is amended to read as follows: ``SEC. 330A. RURAL HEALTH SERVICES OUTREACH, RURAL HEALTH NETWORK DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVEMENT GRANT PROGRAMS. ``(a) Purpose.--The purpose of this section is to provide grants for expanded delivery of health services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities. ``(b) Definitions.-- ``(1) Director.--The term `Director' means the Director specified in subsection (d). ``(2) Federally qualified health center; rural health clinic.--The terms `Federally qualified health center' and `rural health clinic' have the meanings given the terms in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). ``(3) Health professional shortage area.--The term `health professional shortage area' means a health professional shortage area designated under section 332. ``(4) Health services.--The term `health services' includes mental and behavioral health services and substance abuse services. ``(5) Medically underserved area.--The term `medically underserved area' has the meaning given the term in section 799B. ``(6) Medically underserved population.--The term `medically underserved population' has the meaning given the term in section 330(b)(3). ``(c) Program.--The Secretary shall establish, under section 301, a small health care provider quality improvement grant program. ``(d) Administration.-- ``(1) Programs.--The rural health services outreach, rural health network development, and small health care provider quality improvement grant programs established under section 301 shall be administered by the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, in consultation with State offices of rural health or other appropriate State government entities. ``(2) Grants.-- ``(A) In general.--In carrying out the programs described in paragraph (1), the Director may award grants under subsections (e), (f), and (g) to expand access to, coordinate, and improve the quality of essential health services, and enhance the delivery of health care, in rural areas. ``(B) Types of grants.--The Director may award the grants-- ``(i) to promote expanded delivery of health services in rural areas under subsection (e); ``(ii) to provide for the planning and implementation of integrated health care networks in rural areas under subsection (f); and ``(iii) to provide for the planning and implementation of small health care provider quality improvement activities under subsection (g). ``(e) Rural Health Services Outreach Grants.-- ``(1) Grants.--The Director may award grants to eligible entities to promote rural health services outreach by expanding the delivery of health services to include new and enhanced services in rural areas. The Director may award the grants for periods of not more than 3 years. ``(2) Eligibility.--To be eligible to receive a grant under this subsection for a project, an entity-- ``(A) shall be a rural public or nonprofit private entity; ``(B) shall represent a consortium composed of members-- ``(i) that include 3 or more health care providers or providers of services; and ``(ii) that may be nonprofit or for-profit entities; and ``(C) shall not previously have received a grant under this subsection or section 330A for the project. ``(3) Applications.--To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a description of the project that the applicant will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural underserved populations in the local community or region to be served; ``(C) a description of how the local community or region to be served will be involved in the development and ongoing operations of the project; ``(D) a plan for sustainability of the project after Federal support for the project has ended; and ``(E) a description of how the project will be evaluated. ``(f) Rural Health Network Development Grants.-- ``(1) Grants.-- ``(A) In general.--The Director may award rural health network development grants to eligible entities to promote, through planning and implementation, the development of integrated health care networks that have integrated the functions of the entities participating in the networks in order to-- ``(i) achieve efficiencies; ``(ii) expand access to, coordinate, and improve the quality of essential health services; and ``(iii) strengthen the rural health care system as a whole. ``(B) Grant periods.--The Director may award such a rural health network development grant for implementation activities for a period of 3 years. The Director may also award such a rural health network development grant for planning activities for a period of 1 year, to assist in the development of an integrated health care networks, if the proposed participants in the network have a history of collaborative efforts and a 3-year implementation grant would be inappropriate. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity-- ``(A) shall be a rural public or nonprofit private entity; ``(B) shall represent a network composed of members-- ``(i) that include 3 or more health care providers or providers of services; and ``(ii) that may be nonprofit or for-profit entities; and ``(C) shall not previously have received a grant (other than a 1-year grant for planning activities) under this subsection or section 330A for the project. ``(3) Applications.--To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a description of the project that the applicant will carry out using the funds provided under the grant; ``(B) an explanation of the reasons why Federal assistance is required to carry out the project; ``(C) a description of-- ``(i) the history of collaborative activities carried out by the participants in the network; ``(ii) the degree to which the participants are ready to integrate their functions; and ``(iii) how the local community or region to be served will benefit from and be involved in the activities carried out by the network; ``(D) a description of how the local community or region to be served will experience increased access to quality health services across the continuum of care as a result of the integration activities carried out by the network; ``(E) a plan for sustainability of the project after Federal support for the project has ended; and ``(F) a description of how the project will be evaluated. ``(g) Small Health Care Provider Quality Improvement Grants.-- ``(1) Grants.--The Director may award grants to provide for the planning and implementation of small health care provider quality improvement activities. The Director may award the grants for periods of 1 to 3 years. ``(2) Eligibility.--In order to be eligible for a grant under this subsection, an entity-- ``(A) shall be a rural public or nonprofit private health care provider, such as a critical access hospital or a rural health clinic; ``(B) shall be another rural provider or network of small rural providers identified by the Secretary as a key source of local care; or ``(C) shall not previously have received a grant under this subsection for the project. ``(3) Applications.--To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a description of the project that the applicant will carry out using the funds provided under the grant; ``(B) an explanation of the reasons why Federal assistance is required to carry out the project; ``(C) a description of the manner in which the project funded under the grant will assure continuous quality improvement in the provision of services by the entity; ``(D) a description of how the local community or region to be served will experience increased access to quality health services across the continuum of care as a result of the activities carried out by the entity; ``(E) a plan for sustainability of the project after Federal support for the project has ended; and ``(F) a description of how the project will be evaluated. ``(4) Preference.--In awarding grants under this subsection, the Secretary shall give preference to entities that-- ``(A) are located in health professional shortage areas or medically underserved areas, or serve medically underserved populations; or ``(B) propose to develop projects with a focus on primary care, and wellness and prevention strategies. ``(h) Coordination With Other Agencies.--The Secretary shall coordinate activities carried out under grant programs described in this section, to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar grant programs, to maximize the effect of public dollars in funding meritorious proposals. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2002 through 2006.''. SEC. 3. CONSOLIDATION AND REAUTHORIZATION OF PROVISIONS. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330I. TELEHOMECARE DEMONSTRATION PROJECT. ``(a) Definitions.--In this section: ``(1) Distant site.--The term `distant site' means a site at which a certified home care provider is located at the time at which a health service (including a health care item) is provided through a telecommunications system. ``(2) Telehomecare.--The term `telehomecare' means the provision of health services through technology relating to the use of electronic information, or through telemedicine or telecommunication technology, to support and promote, at a distant site, the monitoring and management of home health services for a resident of a rural area. ``(b) Establishment.--Not later than 9 months after the date of enactment of the Health Care Safety Net Amendments of 2001, the Secretary may establish and carry out a telehomecare demonstration project. ``(c) Grants.--In carrying out the demonstration project referred to in subsection (b), the Secretary shall make not more than 5 grants to eligible certified home care providers, individually or as part of a network of home health agencies, for the provision of telehomecare to improve patient care, prevent health care complications, improve patient outcomes, and achieve efficiencies in the delivery of care to patients who reside in rural areas. ``(d) Periods.--The Secretary shall make the grants for periods of not more than 3 years. ``(e) Applications.--To be eligible to receive a grant under this section, a certified home care provider shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Use of Funds.--A provider that receives a grant under this section shall use the funds made available through the grant to carry out objectives that include-- ``(1) improving access to care for home care patients served by home health care agencies, improving the quality of that care, increasing patient satisfaction with that care, and reducing the cost of that care through direct telecommunications links that connect the provider with information networks; ``(2) developing effective care management practices and educational curricula to train home care registered nurses and increase their general level of competency through that training; and ``(3) developing curricula to train health care professionals, particularly registered nurses, serving home care agencies in the use of telecommunications. ``(g) Coverage.--Nothing in this section shall be construed to supercede or modify the provisions relating to exclusion of coverage under section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)), or the provisions relating to the amount payable to a home health agency under section 1895 of that Act (42 U.S.C. 1395fff). ``(h) Report.-- ``(1) Interim report.--The Secretary shall submit to Congress an interim report describing the results of the demonstration project. ``(2) Final report.--Not later than 6 months after the end of the last grant period for a grant made under this section, the Secretary shall submit to Congress a final report-- ``(A) describing the results of the demonstration project; and ``(B) including an evaluation of the impact of the use of telehomecare, including telemedicine and telecommunications, on-- ``(i) access to care for home care patients; and ``(ii) the quality of, patient satisfaction with, and the cost of, that care. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2002 through 2006.''.

Improving Health Care in Rural America Act - Amends the Public Health Service Act to replace the current program of grants for integrated health care delivery systems or networks in rural areas and regions. Directs the Secretary of Health and Human Services to establish, and the Director of the Rural Health Policy of the Health Resources and Services Administration to administer, grant programs for rural health services outreach, rural health network development, and small health care provider quality improvement to expand access to, coordinate, and improve the quality of essential health services, and to enhance the delivery of health care in rural areas.Authorizes the Secretary to establish a telehomecare demonstration project of up to five three-year grants to eligible certified home care providers, individually or as part of a network of home health agencies, for the provision of telehomecare to improve patient care, prevent health care complications, improve patient outcomes, and achieve efficiencies in the delivery of care to patients who reside in rural areas.

A bill to amend the Public Health Service Act to provide for rural health services outreach, rural health network planning and implementation, and small health care provider quality improvement grant programs, and telehomecare demonstration projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prehistoric Trackways National Monument Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Monument.--The term ``Monument'' means the Prehistoric Trackways National Monument established by section 4(a). (2) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. Congress finds that-- (1) in 1987, a major deposit of Paleozoic Era fossilized footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico; (2) the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, and petrified wood dating back approximately 280,000,000 years, which collectively provide new opportunities to understand animal behaviors and environments from a time predating the dinosaurs; (3) title III of Public Law 101-578 (104 Stat. 2860)-- (A) provided interim protection for the site at which the trackways were discovered; and (B) directed the Secretary of the Interior to-- (i) prepare a study assessing the significance of the site; and (ii) based on the study, provide recommendations for protection of the paleontological resources at the site; (4) the Bureau of Land Management completed the Paleozoic Trackways Scientific Study Report in 1994, which characterized the site as containing ``the most scientifically significant Early Permian tracksites'' in the world; (5) despite the conclusion of the study and the recommendations for protection, the site remains unprotected and many irreplaceable trackways specimens have been lost to vandalism or theft; and (6) designation of the trackways site as a National Monument would protect the unique fossil resources for present and future generations while allowing for public education and continued scientific research opportunities. SEC. 4. ESTABLISHMENT. (a) In General.--In order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of the public land described in subsection (b), there is established the Prehistoric Trackways National Monument in the State of New Mexico. (b) Description of Land.--The Monument shall consist of approximately 5,367 acres of public land in Dona Ana County, New Mexico, as generally depicted on the map entitled ``Prehistoric Trackways National Monument'' and dated June 1, 2006. (c) Map; Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an official map and legal description of the Monument. (2) Corrections.--The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the legal description and the map. (3) Conflict between map and legal description.--In the case of a conflict between the map and the legal description, the map shall control. (4) Availability of map and legal description.--Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Minor Boundary Adjustments.--If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, the Secretary may make minor boundary adjustments to the Monument to include the resources in the Monument. SEC. 5. ADMINISTRATION. (a) Management.-- (1) In general.--The Secretary shall manage the Monument-- (A) in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in section 4(a); and (B) in accordance with-- (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (iii) other applicable laws. (2) National landscape conservation system.--The Monument shall be managed as a component of the National Landscape Conservation System. (3) Protection of resources and values.--The Secretary shall manage public land adjacent to the Monument in a manner that is consistent with the protection of the resources and values of the Monument. (b) Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument. (2) Components.--The management plan under paragraph (1)-- (A) shall-- (i) describe the appropriate uses and management of the Monument, consistent with the provisions of this Act; and (ii) allow for continued scientific research at the Monument during the development of the management plan; and (B) may-- (i) incorporate any appropriate decisions contained in any current management or activity plan for the land described in section 4(b); and (ii) use information developed in studies of any land within or adjacent to the Monument that were conducted before the date of enactment of this Act. (c) Authorized Uses.--The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established. (d) Interpretation, Education, and Scientific Research.-- (1) In general.--The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Dona Ana County, New Mexico. (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1). (e) Special Management Areas.-- (1) In general.--The establishment of the Monument shall not change the management status of any area within the boundary of the Monument that is-- (A) designated as a wilderness study area and managed in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or (B) managed as an area of critical environment concern. (2) Conflict of laws.--If there is a conflict between the laws applicable to the areas described in paragraph (1) and this Act, the more restrictive provision shall control. (f) Motorized Vehicles.-- (1) In general.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan prepared under subsection (b). (2) Permitted events.--The Secretary may issue permits for special recreation events involving motorized vehicles within the boundaries of the Monument, including the ``Chile Challenge''-- (A) to the extent the events do not harm paleontological resources; and (B) subject to any terms and conditions that the Secretary determines to be necessary. (g) Withdrawals.--Subject to valid existing rights, any Federal land within the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act are withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws. (h) Grazing.--The Secretary may allow grazing to continue in any area of the Monument in which grazing is allowed before the date of enactment of this Act, subject to applicable laws (including regulations). (i) Hunting.-- (1) In general.--Nothing in this Act diminishes the jurisdiction of the State of New Mexico with respect to fish and wildlife management, including regulation of hunting on public land within the Monument. (2) Regulations.--The Secretary, after consultation with the New Mexico Department of Game and Fish, may issue regulations designating zones in which and establishing periods during which hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. (j) Water Rights.--Nothing in this Act constitutes an express or implied reservation by the United States of any water or water rights with respect to the Monument. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Prehistoric Trackways National Monument Establishment Act - Establishes the Prehistoric Trackways National Monument in New Mexico in order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of specified public land in Dona Ana County, New Mexico. Directs the Secretary of the Interior to: (1) develop a comprehensive management plan for the long-term protection and management of the Monument; and (2) provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Dona Ana County.

A bill to establish the Prehistoric Trackways National Monument in the State of New Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jupiter Inlet Lighthouse Outstanding Natural Area Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (2) Lighthouse.--The term ``Lighthouse'' means the Jupiter Inlet Lighthouse located in Palm Beach County, Florida. (3) Local partners.--The term ``Local Partners'' includes-- (A) Palm Beach County, Florida; (B) the Town of Jupiter, Florida; (C) the Village of Tequesta, Florida; and (D) the Loxahatchee River Historical Society. (4) Management plan.--The term ``management plan'' means the management plan developed under section 4(a). (5) Map.--The term ``map'' means the map entitled ``Jupiter Inlet Lighthouse: Outstanding Natural Area'' and dated October 29, 2007. (6) Outstanding natural area.--The term ``Outstanding Natural Area'' means the Jupiter Inlet Lighthouse Outstanding Natural Area established by section 3(a). (7) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means the State of Florida. SEC. 3. ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA. (a) Establishment.--Subject to valid existing rights, there is established for the purposes described in subsection (b) the Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map. (b) Purposes.--The purposes of the Outstanding Natural Area are to protect, conserve, and enhance the unique and nationally important historic, natural, cultural, scientific, educational, scenic, and recreational values of the Federal land surrounding the Lighthouse for the benefit of present generations and future generations of people in the United States, while-- (1) allowing certain recreational and research activities to continue in the Outstanding Natural Area; and (2) ensuring that Coast Guard operations and activities are unimpeded within the boundaries of the Outstanding Natural Area. (c) Availability of Map.--The map shall be on file and available for public inspection in-- (1) the Office of the Director of the Bureau of Land Management; and (2) the Eastern States Office of the Bureau of Land Management in the State of Virginia. (d) Withdrawal.-- (1) In general.--Subject to valid existing rights, section 6, and any existing withdrawals under the Executive orders and public land order described in paragraph (2), the Federal land and any interests in the Federal land included in the Outstanding Natural Area are withdrawn from-- (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the public land mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (2) Description of executive orders.--The Executive orders and public land order described in paragraph (1) are-- (A) the Executive order dated October 22, 1854; (B) Executive Order No. 4254 (June 12, 1925); and (C) Public Land Order No. 7202 (61 Fed. Reg. 29758). SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Commandant, shall develop a comprehensive management plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to-- (1) provide long-term management guidance for the public land in the Outstanding Natural Area; and (2) ensure that the Outstanding Natural Area fulfills the purposes for which the Outstanding Natural Area is established. (b) Consultation; Public Participation.--The management plan shall be developed-- (1) in consultation with appropriate Federal, State, county, and local government agencies, the Commandant, the Local Partners, the Loxahatchee River Historical Society, and other partners; and (2) in a manner that ensures full public participation. (c) Existing Plans.--The management plan shall, to the maximum extent practicable, be consistent with existing resource plans, policies, and programs. (d) Inclusions.--The management plan shall include-- (1) objectives and provisions to ensure-- (A) the protection and conservation of the resource values of the Outstanding Natural Area; and (B) the restoration of native plant communities and estuaries in the Outstanding Natural Area, with an emphasis on the conservation and enhancement of healthy, functioning ecological systems in perpetuity; (2) objectives and provisions to maintain or recreate historic structures; (3) an implementation plan for a program of interpretation and public education about the natural and cultural resources of the Lighthouse, the public land surrounding the Lighthouse, and associated structures; (4) a proposal for administrative and public facilities to be developed or improved that-- (A) are compatible with achieving the resource objectives for the Outstanding Natural Area described in section 5(a)(1)(B); and (B) would accommodate visitors to the Outstanding Natural Area; (5) natural and cultural resource management strategies for the Outstanding Natural Area, to be developed in consultation with appropriate departments of the State, the Local Partners, and the Commandant, with an emphasis on resource conservation in the Outstanding Natural Area and the interpretive, educational, and long-term scientific uses of the resources; and (6) recreational use strategies for the Outstanding Natural Area, to be prepared in consultation with the Local Partners, appropriate departments of the State, and the Coast Guard, with an emphasis on passive recreation. (e) Interim Plan.--Until a management plan is adopted for the Outstanding Natural Area, the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) shall be in effect. SEC. 5. MANAGEMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA. (a) Management.-- (1) In general.--The Secretary, in consultation with the Local Partners and the Commandant, shall manage the Outstanding Natural Area-- (A) as part of the National Landscape Conservation System; and (B) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems. (2) Limitation.--In managing the Outstanding Natural Area, the Secretary shall not take any action that precludes, prohibits, or otherwise affects the conduct of ongoing or future Coast Guard operations or activities on lots 16 and 18, as depicted on the map. (b) Uses.--Subject to valid existing rights and section 6, the Secretary shall only allow uses of the Outstanding Natural Area that the Secretary, in consultation with the Commandant and Local Partners, determines would likely further-- (1) the purposes for which the Outstanding Natural Area is established; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) other applicable laws. (c) Cooperative Agreements.--To facilitate implementation of the management plan and to continue the successful partnerships with local communities and other partners, the Secretary shall, in accordance with section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)), enter into cooperative agreements with the appropriate Federal, State, county, other local government agencies, and other partners (including the Loxahatchee River Historical Society) for the long-term management of the Outstanding Natural Area. (d) Research Activities.--To continue successful research partnerships, pursue future research partnerships, and assist in the development and implementation of the management plan, the Secretary may, in accordance with section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)), authorize the conduct of appropriate research activities in the Outstanding Natural Area for the purposes described in section 3(b). (e) Acquisition of Land.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire for inclusion in the Outstanding Natural Area any State or private land or any interest in State or private land that is-- (A) adjacent to the Outstanding Natural Area; and (B) identified in the management plan as appropriate for acquisition. (2) Means of acquisition.--Land or an interest in land may be acquired under paragraph (1) only by-- (A) donation; (B) exchange with a willing party; or (C) purchase from a willing seller. (3) Additions to the outstanding natural area.--Any land or interest in land adjacent to the Outstanding Natural Area acquired by the United States after the date of enactment of this Act under paragraph (1) shall be added to, and administered as part of, the Outstanding Natural Area. (f) Law Enforcement Activities.--Nothing in this Act, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects-- (1) any maritime security, maritime safety, or environmental protection mission or activity of the Coast Guard; (2) any border security operation or law enforcement activity by the Department of Homeland Security or the Department of Justice; or (3) any law enforcement activity of any Federal, State, or local law enforcement agency in the Outstanding Natural Area. (g) Future Disposition of Coast Guard Facilities.--If the Commandant determines, after the date of enactment of this Act, that Coast Guard facilities within the Outstanding Natural Area exceed the needs of the Coast Guard, the Commandant may relinquish the facilities to the Secretary without removal, subject only to any environmental remediation that may be required by law. SEC. 6. EFFECT ON ONGOING AND FUTURE COAST GUARD OPERATIONS. Nothing in this Act, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects ongoing or future Coast Guard operations or activities in the Outstanding Natural Area, including-- (1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the Coast Guard High Frequency antenna site on lot 16; (2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the military family housing area on lot 18; (3) the continued and future use of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the pier on lot 18; (4) the existing lease of the Jupiter Inlet Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical Society; or (5) any easements or other less-than-fee interests in property appurtenant to existing Coast Guard facilities on lots 16 and 18. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the House of Representatives March 4, 2008. Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk.

Jupiter Inlet Lighthouse Outstanding Natural Area Act of 2008 - Establishes the Jupiter Inlet Lighthouse Outstanding Natural Area in Palm Beach County, Florida. Withdraws the federal lands and interests in such land included within the Outstanding Natural Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws, and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. Revokes certain Executive Orders and a certain public land order. Directs the Secretary of the Interior, in consultation with the Commandant of the Coast Guard, to: (1) develop a comprehensive management plan to provide long-term management guidance for the public land in the Outstanding Natural Area; and (2) ensure that the Outstanding Natural Area fulfills the purposes for which it is established. Requires the Secretary to: (1) manage the Outstanding Natural Area as part of the National Landscape Conservation System; and (2) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems. Authorizes the Secretary to: (1) enter into cooperative agreements with federal, state, county, other local government agencies, and other partners (including the Loxahatchee River Historical Society) for the long-term management of the Outstanding Natural Area; and (2) acquire for inclusion in the Outstanding Natural Area any state or private land or any interest in state or private land that is adjacent to the Outstanding Natural Area and identified in the management plan as appropriate for acquisition. Prohibits restrictions on specified law enforcement activities and ongoing and future Coast Guard operations in the Outstanding Natural Area. Authorizes appropriations.

To designate the Jupiter Inlet Lighthouse and the surrounding Federal land in the State of Florida as an Outstanding Natural Area and as a unit of the National Landscape Conservation System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Breakfast and Education Improvement Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) approximately 60 percent of students in the United States are eligible to receive free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (2) in fiscal year 2008, 8,520,000 students in the United States consumed free or reduced-price school breakfasts provided under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); (3) as of the date of enactment of this Act, approximately 83 percent of all public schools in the United States provide 9,500,000 school breakfasts each year under the program established by section 4 of that Act (42 U.S.C. 1773) to at least 130,000 students; (4) less than \1/2\ of the low-income students who participate in the school lunch program also participate in the school breakfast program; (5) many students who are eligible for reduced-price breakfasts and lunches can afford only 1 of those meals per day; (6) almost 17,000 schools that participate in the school lunch program do not participate in the school breakfast program; (7) as of August 2008, over 13,000,000 children, or 18 percent of all children, in the United States were living in poverty, and, in 2007, and 11 percent of households in the United States were food insecure; (8) missing breakfast and the resulting hunger has been shown to lower the ability of children to learn and hinder academic performance; (9) Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), reduces application and administrative burdens for schools that provide universal free meals; (10) schools electing to implement school breakfast programs face significant hurdles, such as start-up costs and lack of participation, that require various additional resources for the best solution; (11) school districts that are participating in the Provision 2 option described in paragraph (9) have found that the school districts can often provide universal free breakfast in schools with as little as 60 to 75 percent of students who are eligible for free and reduced-price school meals due to the savings realized from reduced administrative costs and improved economies of scale; (12) studies suggest that eating breakfast closer to class and test-taking time improves student performance on standardized tests relative to students who skip breakfast or have breakfast at home; (13) studies show that children experiencing hunger are more likely to be hyperactive, absent, tardy, or have behavioral or attention problems; (14) students who eat a complete breakfast have been shown to make fewer mistakes and work faster in math exercises than those who eat a partial breakfast; (15) eating school breakfast has been shown to improve math grades, attendance, and punctuality; (16) providing breakfast in the classroom has been shown in several instances to improve attentiveness and academic performance, while reducing tardiness and disciplinary referrals; (17) providing universal free breakfast, especially in the classroom, has been shown to significantly increase school breakfast participation rates and decrease absences and tardiness; (18) studies suggest that children who eat breakfast have more adequate nutrition and intake of nutrients, such as calcium, fiber, protein, and vitamins A, E, D, and B6; (19) studies suggest that some students who participate in the school breakfast program or other nutrition programs have a lower body mass index and risk of being overweight; and (20) use of local produce-- (A) reduces dependence on foreign oil by reducing fuel consumption rates associated with the production or transportation of fruits and vegetables; and (B) can help to improve the ability of individuals using the procurement system to provide education on nutrition, farming, sustainability, energy efficiency, and the importance of local purchases to the local economy. (b) Purpose.--The purpose of this Act is to improve student learning and the classroom environment through expanded and improved school breakfast programs, particularly universal programs provided during the school day. SEC. 3. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE HEALTH AND EDUCATION OF CHILDREN. The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended by adding at the end the following: ``SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE HEALTH AND EDUCATION OF CHILDREN. ``(a) Definition of Qualifying School.--In this section, the term `qualifying school' means a school providing elementary or secondary education at least 65 percent of the students of which are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(b) Establishment.--The Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to local educational agencies or State educational agencies for use in accordance with this section. ``(c) Grants to Local Educational Agencies or State Educational Agencies.--The amount of grants provided by the Secretary to local educational agencies or State educational agencies for a fiscal year under this section shall not exceed the lesser of-- ``(1) the product obtained by multiplying-- ``(A) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the fiscal year; and ``(B) the maximum amount of a subgrant provided to a qualifying school under subsection (d)(3)(B); or ``(2) $2,000,000. ``(d) Subgrants to Qualifying Schools.-- ``(1) In general.--A local educational agency or State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to individual or groups of qualifying schools to carry out activities in accordance with this section. ``(2) State and district support.--A local educational agency or State educational agency may allocate a portion of each subgrant to support State or local educational agency activities in support of qualified schools for which it is more efficient or appropriate to support the activities in a centralized manner. ``(3) Amount; term.-- ``(A) In general.--Except as otherwise provided in this paragraph, a subgrant provided by a local educational agency or State educational agency to a qualifying school under this section shall be in such amount, and shall be provided for such term, as the local educational agency or State educational agency, respectively, determines appropriate. ``(B) Maximum amount.--The amount of a subgrant provided by a local educational agency or State educational agency to a qualifying school under this subsection shall not exceed-- ``(i) $50,000 for a single fiscal year; or ``(ii) $100,000 for all fiscal years. ``(C) Maximum grant term.--A local educational agency or State educational agency shall not provide subgrants to a qualifying school under this subsection for more than 5 fiscal years. ``(e) Preference.--In providing grants and subgrants under this section, the Secretary, a local educational agency, and a State educational agency shall give priority to qualifying schools-- ``(1) in which 75 percent or more of the students of which are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and ``(2) that demonstrate-- ``(A) an intent to use the grants or subgrants to establish or support connections between the qualifying schools and local agricultural producers and food providers; ``(B) that the qualifying schools have established, or intend to establish, a universal free breakfast program; or ``(C) that the qualifying schools have considered, or intend to establish, service methods that make breakfast a part of the school day. ``(f) Best Practices.--Prior to awarding grants under this section, the Secretary shall make available to State educational agencies information regarding the most effective mechanisms by which to increase school breakfast participation among eligible children at qualifying schools. ``(g) Application.-- ``(1) In general.--To be eligible to receive a grant under this section, a local educational agency or State educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Administration.--In carrying out this section, the Secretary shall-- ``(A) develop an appropriate application process; and ``(B) advertise the availability of funds under this section to qualified schools, local educational agencies, and State educational agencies. ``(h) Use of Funds.-- ``(1) In general.--A qualifying school may use a grant provided under this section-- ``(A) to establish, promote, or expand a school breakfast program of the qualifying school under this section, which shall include a nutritional education component; ``(B) to increase the quantity of local or fresh food available under the school breakfast program of the qualifying school under this section; ``(C) to provide nutritional education materials to students; ``(D) to extend the period during which school breakfast is available at the qualifying school; ``(E) to provide school breakfast to students of the qualifying school during the school day; ``(F) to increase participation in the school breakfast program, including through a universal free breakfast program; ``(G) to compensate for receipts no longer collected from reduced and paid breakfasts when operating a universal free breakfast program; ``(H) to provide to students first-hand knowledge of food systems, including through-- ``(i) occasional activities, such as inviting agricultural producers to speak at the qualifying school or offering student field trips to local agricultural projects; ``(ii) integrating food system information into the curriculum (including mathematics and science classes) of the qualifying school; or ``(iii) collaborating with nutrition experts, food banks, nonprofit organizations, and local farms to develop and integrate relevant service-learning opportunities into classroom instruction; or ``(I) to collaborate with local institutions of higher education or other research entities (including hunger advocacy entities)-- ``(i) to compile data and reports relating to the school breakfast program of the qualifying school; and ``(ii) to submit the data and reports to the Secretary. ``(2) Requirement.--Each activity of a qualifying school under this subsection shall be carried out in accordance with applicable nutritional guidelines and regulations issued by the Secretary. ``(i) Maintenance of Effort.--Grants made available under this section shall not diminish or otherwise affect the expenditure of funds from State and local sources for the maintenance of the school breakfast program. ``(j) Reports.-- ``(1) In general.--The Secretary, in consultation with local educational agencies, State educational agencies, and qualifying schools that receive grants and subgrants under this section, shall submit to Congress an annual report describing the impact of the school breakfast programs of the qualifying schools on and classroom performance and environment. ``(2) Data collection.--The Secretary shall provide guidance and minimum standards for data collection to grant recipients and any collaborating local institutions of higher education or research entities as necessary to ensure that annual reports under this section are able to provide an adequate qualitative and quantitative evaluation of the grant impacts. ``(k) Evaluation.--Not later than 180 days before the end of a grant term under this section, a local educational agency or State educational agency that receives a grant under this section shall-- ``(1) evaluate whether electing to provide universal free breakfasts under the school breakfast program in accordance with Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), would be cost-effective for the qualified schools based on estimated administrative savings and economies of scale; and ``(2) submit the results of the evaluation to the Secretary. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2010 through 2014.''.

Student Breakfast and Education Improvement Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to award competitive grants to state or local educational agencies (LEAs) for the establishment or enhancement of school breakfast programs at, and through the provision of subgrants to, schools where at least 65% of the students are eligible for free or reduced-price school lunches under the school lunch program. Authorizes schools to use the school breakfast subgrants to: (1) increase the quantity of local or fresh food available under their programs; (2) provide nutrition education and first-hand knowledge of food systems to students; (3) extend the period during which breakfast is available, including during the school day; (4) increase participation in their breakfast programs, including through the provision of universal free breakfasts; or (5) collaborate with institutions of higher education or other research entities in compiling data and reports on their breakfast programs. Gives priority to subgrant applicant schools at least 75% of whose students are eligible for free or reduced-price school lunches and which intend to use the funds to procure local produce, provide universal free breakfasts, or provide breakfast during the school day. Directs grantees, at least 180 days before the end of a grant term, to evaluate whether it would be cost-effective for subgrantee schools to provide universal free breakfasts under the school breakfast program.

A bill to amend the Child Nutrition Act of 1966 to establish a program to improve the health and education of children through grants to expand school breakfast programs, and for other purposes.

That this Act may be cited as the ``Unfunded Federal Mandates Relief Act of 1993''. findings and purpose Sec. 2. (a) The Congress finds and declares that-- (1) Federal regulation of State and local governments has become increasingly extensive and intrusive in recent years; (2) such regulation has, adversely affected State and local governments by placing excessive fiscal burdens on such governments; (3) such excessive fiscal burdens have weakened the foundation of the Federal system of government; and (4) there is a lack of adequate fiscal resources to carry out necessary Federal regulation of State and local governments in order to enable such governments to comply with intergovernmental regulations currently in effect. (b) Therefore, it is the purpose of this Act to establish procedures to assure that the Federal Government pays the total amount of additional direct costs incurred by State and local governments in complying with any intergovernmental regulation. definitions Sec. 3. For purposes of this Act, the term-- (1) ``additional direct costs'' means the amount of costs incurred by a State or local government solely in complying with an intergovernmental regulation promulgated pursuant to a Federal law concerning a particular activity which is in excess of the amount that such State or local government would be required to expend in carrying out such activity in the absence of such law, except that such term does not include any amount which a State or local government is required by law to contribute as a non-Federal share under a Federal assistance program; (2) ``Director'' means the Director of the Office of Management and Budget; (3) ``Federal agency'' has the meaning given to the term ``executive agency'' in section 6501(3) of title 31, United States Code; (4) ``Federal assistance'' means any assistance provided by a Federal agency to State and local governments or other recipients, in the form of grants, loans, loan guarantees, property, cooperative agreements, or technical assistance, except that such term does not include direct cash assistance to individuals, contracts for the procurement of goods or services for the United States, or insurance; (5) ``intergovernmental regulation'' means a regulation promulgated by a Federal agency that requires a State or local government to take certain actions or requires a State or local government to comply with certain specified conditions in order to receive or continue to receive Federal assistance and which requires the termination or reduction of such assistance if such government fails to comply with such conditions; (6) ``local government'' has the same meaning as in section 6501(6) of title 31, United States Code; (7) ``significant law'' means any Federal law which is likely to result in additional direct costs to State and local governments; and (8) ``State'' means each of the several States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. TITLE I--REVIEW OF INTERGOVERNMENTAL REGULATIONS report required Sec. 101. (a) Not later than thirty days after the date on which the President transmits a budget for a fiscal year to the Congress pursuant to section 1105 of title 31, United States Code, the President shall submit to the Congress a report specifying and evaluating the economic costs, noneconomic costs, and additional direct costs which have been incurred or which will be incurred by State governments and local governments in complying with intergovernmental regulations during the most recently completed fiscal year, the fiscal year in progress, and the first two fiscal years immediately succeeding the fiscal year in progress. (b) Each report required under subsection (a) shall include-- (1) a list of each intergovernmental regulation in effect during each fiscal year for which the report is made and a citation of statutory and administrative authority for each such intergovernmental regulation; (2) an estimate, for each such intergovernmental regulation, of-- (A) the total amount of economic costs, noneconomic costs, and additional direct costs that have been incurred or will be incurred in each such fiscal year by the government of each State and all local governments in such State in complying with such regulation in each such fiscal year; and (B) the ratio (stated as a percentage) which the total amount of additional direct costs that have been incurred or will be incurred by all local governments in a State in complying with such regulation in each such fiscal year bears to the total amount of additional direct costs that have been incurred or will be incurred by the government of such State and all local governments in such State in complying with such regulation in such fiscal year; (3) an estimate, for each such regulation, of the economic and noneconomic benefits that will be provided in each such fiscal year to each State government and all local governments in such State as a result of compliance with such regulation during each such fiscal year; (4) recommendations for changes in laws and regulations that will reduce the costs specified pursuant to paragraph (2), or that will achieve a more favorable balance between the benefits specified pursuant to paragraph (3) and the costs specified pursuant to paragraph (2); and (5) proposals for legislation, and a statement of planned administrative actions, to implement the recommendations specified pursuant to paragraph (4). procedures for preparation of report Sec. 102. (a) The President may delegate to the Director or to the head of any other Federal agency the responsibility for preparing the annual report required by section 101. (b)(1) In carrying out the provisions of this title, the President, the Director, or the head of a Federal agency to which a delegation is made under subsection (a), shall prescribe standards to be used by Federal agencies in estimating the costs of compliance with, and the benefits provided by, intergovernmental regulations administered by such agencies. (2) The President, the Director, or the head of a Federal agency to which a delegation is made under subsection (a) shall prescribe the standards required under paragraph (1)-- (A) after consultation with State and local governments and the Comptroller General of the United States; and (B) after providing public notice and an opportunity for comment in accordance with section 553 of title 5, United States Code. (3) Standards prescribed under paragraph (1) may be revised from time to time to reflect changes in relevant economic and social circumstances and advances in pertinent branches of knowledge. (c) The standards prescribed under subsection (b) shall provide, to the extent possible, for-- (1) uniform categories of costs of compliance with, and benefits provided by, intergovernmental regulations; (2) methods to be used by the President, and by Federal agencies, in estimating the additional direct costs that will be incurred by State and local governments in complying with each intergovernmental regulation, including methods to estimate the amount of such costs that will be incurred for each fiscal year in which each such regulation is in effect; (3) methods to be used by Federal agencies in compiling the information required to be submitted under subsection (d) which shall be designed to-- (A) minimize the costs that will be incurred by the State and local governments and the Federal assistance recipients from which such information will be collected; and (B) ensure the collection of reasonably accurate information in a form that will be useful to States in complying with section 204(c); (4) methods for preventing disclosure of information about individuals or businesses the confidentiality of which is protected under Federal law; (5) procedures to be followed by Federal agencies in reporting the information required to be submitted under subsection (d); and (6) such other procedures and guidelines as may be necessary for the implementation of this title. (d) Each year, at a time prescribed by the President, the Director, or the head of the Federal agency to which a delegation is made under subsection (a), the head of each Federal agency which administered any intergovernmental regulation during a fiscal year for which a report is required under section 101, shall prepare and submit to the President, the Director, or such agency head, a report setting forth, for each such regulation, the information required to be included for such regulation in the report required under section 101. TITLE II--COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL DIRECT COSTS compensation required Sec. 201. (a) A Federal agency or a court of the United States shall not require State governments or local governments to comply, in any fiscal year, with any intergovernmental regulation unless provisions of law have been enacted which provide a sufficient amount of funds for such fiscal year to reimburse such governments for the total amount of additional direct costs that will be incurred by such governments in complying with such regulation during such fiscal year. (b) For purposes of this section, the total amount of additional direct costs that will be incurred by State governments and local governments in complying with an intergovernmental regulation in any fiscal year shall be the total amount of such costs for such regulation estimated by the Director of the Congressional Budget Office for such fiscal year in the report required under section 202 for such fiscal year. report by the director of the congressional budget office Sec. 202. (a) For each fiscal year in which an intergovernmental regulation promulgated pursuant to a significant law will be in effect, the Director of the Congressional Budget Office shall prepare and transmit to the President and the Congress a report specifying, for such fiscal year and the fiscal year succeeding such fiscal year, an estimate of the total amount of additional direct costs that will be incurred by State governments and local governments in complying with such regulation in each such fiscal year. (b) In preparing each report required by subsection (a), the Director of the Congressional Budget Office shall consider the estimate of additional direct costs for a fiscal year resulting from compliance with an intergovernmental regulation which are specified in the report submitted by the President under title I during the fiscal year preceding such fiscal year. (c) The Director of the Congressional Budget Office shall transmit each report required by subsection (a) for a fiscal year to the President and the Congress by September 1 of the fiscal year preceding such fiscal year. implementation Sec. 203. For each fiscal year in which an intergovernmental regulation promulgated pursuant to a significant law will be in effect, the chairman of the committees of the Senate and of the House of Representatives having legislative jurisdiction over such significant law shall propose, to an appropriate bill or resolution providing funds for such fiscal year, an amendment containing provisions to appropriate funds to reimburse State governments and local governments for the additional direct costs incurred in complying with such regulation. The amount of funds proposed to be appropriated by such amendment shall be equal to or in excess of the amount described in section 201(a). procedures for reimbursements to state and local governments Sec. 204. (a)(1) The head of each Federal agency which administers an intergovernmental regulation promulgated pursuant to a significant law shall pay to each State government in each fiscal year the amount determined pursuant to this section to reimburse the State government and local governments in the State for the additional direct costs incurred by such governments in complying with such regulation in such fiscal year. (2) A State government which receives payments under this section for reimbursement for additional direct costs incurred in complying with an intergovernmental regulation in any fiscal year shall pay to each local government in the State the amount determined pursuant to this section to reimburse such local government for the additional direct costs incurred by such local government in complying with such regulation in such fiscal year. (b) The total amount to be paid to a State to reimburse the government of the State and local governments in the State for additional direct costs incurred by such governments in complying with an intergovernmental regulation in any fiscal year shall be an amount which bears the same ratio to the total amount for reimbursement of additional direct costs for all State governments and local governments described in section 201(a) with respect to such regulation for such fiscal year as the total amount of additional direct costs with respect to such regulation which is specified in the report submitted by the President under title I for such fiscal year for such State government and local governments in such State for such fiscal year bears to the sum of the total amounts of additional direct costs with respect to such regulation which are specified in such report for all State governments and all local governments for such fiscal year. (c)(1) The total amount to be paid by a State government to local governments in such State to reimburse such governments for additional direct costs incurred by such governments in complying with an intergovernmental regulation in any fiscal year shall be the amount which is equal to the product of the amount paid to the State under subsection (b) for such fiscal year multiplied by the ratio determined by the President for such State with respect to such regulation for such fiscal year pursuant to section 101(b)(2)(B). (2)(A) A State government which receives payments under this section to reimburse local governments in the State for the additional direct costs incurred by such governments in complying with an intergovernmental regulation in any fiscal year shall pay to each such local government an amount equal to the product of-- (i) the total amount determined under paragraph (1) with respect to such regulation for such fiscal year, multiplied by (ii) the ratio (stated as a percentage and estimated by the State in accordance with subparagraph (B)) that the total amount of additional direct costs incurred by such local government in complying with such regulation in such fiscal year bears to the total amount of additional direct costs incurred by all local governments in such State in complying with such regulation in such fiscal year. (B) Each State government which receives payments under this section for any fiscal year shall provide by law for the estimation of the amount of additional direct costs incurred by each local government in such State in complying with an intergovernmental regulation for which such payments are received. In providing for the estimation of such costs, the State shall establish procedures and methods for the estimation of such costs which are reasonably related to the actual additional direct costs incurred by such governments in complying with such regulation in such fiscal year. effect of subsequent enactments Sec. 205. No law enacted after the date of enactment of this title shall supersede the provisions of this title unless such law does so in specific terms, referring to this title, and declares that such law supersedes the provisions of this title.

TABLE OF CONTENTS: Title I: Review of Intergovernmental Regulations Title II: Compensation of State and Local Governments for Additional Direct Costs Unfunded Federal Mandates Relief Act of 1993 - Title I: Review of Intergovernmental Regulations - Requires the President, after submitting the annual Federal budget, to submit to the Congress a report specifying and evaluating the costs to State and local governments of complying with intergovernmental regulations during the most recently completed fiscal year, the fiscal year in progress, and the next two fiscal years. Specifies the contents of such report. Authorizes the President to delegate the responsibility of preparing such report to the Director of the Office of Management and Budget or the head of any other Federal agency. Directs the responsible official to prescribe standards to be used by agencies in estimating the compliance costs and benefits of intergovernmental regulations. Directs each agency to furnish such official with required information pertaining to agency regulations. Title II: Compensation of State and Local Governments for Additional Direct Costs - Prohibits any Federal agency or U.S. court from requiring such governments, in any fiscal year, to comply with any intergovernmental regulation unless sufficient funds have been provided to reimburse them for additional compliance costs estimated for the fiscal year. Requires the Director of the Congressional Budget Office to transmit annually to the President and the Congress a report specifying an estimate of the total amount of additional direct costs that will be incurred in upcoming fiscal years by such governments in complying with each intergovernmental regulation promulgated pursuant to a significant law. Directs the chairmen of the congressional committees having jurisdiction over any significant law under which an intergovernmental regulation is promulgated to propose, to a bill providing funds for each fiscal year in which such regulation will be in effect, an amendment to appropriate funds to reimburse such governments for the additional direct costs they will incur in complying with such regulation. Sets forth procedures for reimbursements of such additional direct costs by Federal agencies to States, and by States to local governments.

Unfunded Federal Mandates Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Economic Development and Infrastructure for Housing Act of 2007''. SEC. 2. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES. (a) Authority.--To the extent or in such amounts as are provided in appropriation Acts, the Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') may, subject to the limitations of this section and upon such terms and conditions as the Secretary may prescribe, guarantee and make commitments to guarantee, the notes and obligations issued by Indian tribes or tribally designated housing entities (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) with tribal approval, for the purposes of financing activities, carried out on Indian reservations and in other Indian areas, that under the first sentence of section 108(a) of the Housing and Community Development Act of 1974 are eligible for financing with notes and other obligations guaranteed pursuant to such section 108. (b) Low-Income Benefit Requirement.--Not less than 70 percent of the aggregate funds received by an Indian tribe or tribally designated housing entity as a result of a guarantee under this section shall be used for the support of activities that benefit low-income Indian families (as such term is defined for purposes of the Native American Housing Assistance and Self-Determination Act of 1996) on Indian reservations and other Indian areas. (c) Financial Soundness.--The Secretary shall establish underwriting criteria for guarantees under this section, including fees for such guarantees, as may be necessary to ensure that the program under this section for such guarantees is financially sound. Such fees shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for such program, as determined based upon risk to the Federal Government under such underwriting requirements. (d) Terms of Obligations.--Notes or other obligations guaranteed pursuant to this section shall be in such form and denominations, have such maturities, and be subject to such conditions as may be prescribed by regulations issued by the Secretary. The Secretary may not deny a guarantee under this section on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or the Secretary determines that the period causes the guarantee to constitute an unacceptable financial risk. (e) Limitation on Percentage.--A guarantee made under this section shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed. (f) Security and Repayment.-- (1) Requirements on issuer.--To ensure the repayment of notes or other obligations and charges incurred under this section and as a condition for receiving such guarantees, the Secretary shall require the Indian tribe or housing entity issuing such notes or obligations to-- (A) enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this section; (B) demonstrate that the extent of such issuance and guarantee under this section is within the financial capacity of the tribe; and (C) furnish, at the discretion of the Secretary, such security as may be deemed appropriate by the Secretary in making such guarantees, including increments in local tax receipts generated by the activities assisted by a guarantee under this section or disposition proceeds from the sale of land or rehabilitated property, except that such security may not include any grant amounts received or for which the issuer may be eligible under title I of the Native American Housing Assistance and Self-Determination Act of 1996. (2) Full faith and credit.--The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations. (g) Training and Information.--The Secretary, in cooperation with Indian tribes and tribally designated housing entities, shall carry out training and information activities with respect to the guarantee program under this section. (h) Limitations on Amount of Guarantees.-- (1) Aggregate fiscal year limitation.--Notwithstanding any other provision of law and subject only to the absence of qualified applicants or proposed activities and to the authority provided in this section, to the extent approved or provided in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this section with an aggregate principal amount not to exceed $200,000,000 for each of fiscal years 2008 through 2012. (2) Authorization of appropriations for credit subsidy.-- There are authorized to be appropriated to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of guarantees under this section such sums as may be necessary for each of fiscal years 2008 through 2012. No funds appropriated under this Act shall be expended for the benefit of the Cherokee Nation of Oklahoma until the Secretary shall have certified to the Congress that the Cherokee Nation of Oklahoma is in compliance with the Treaty of 1866 and fully recognizes all Cherokee Freedmen and their descendants as citizens of the Cherokee Nation. (3) Aggregate outstanding limitation.--The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this section shall not at any time exceed $1,000,000,000 or such higher amount as may be authorized to be appropriated for this section for any fiscal year. (4) Fiscal year limitations on tribes.--The Secretary shall monitor the use of guarantees under this section by Indian tribes. If the Secretary finds that 50 percent of the aggregate guarantee authority under paragraph (3) has been committed, the Secretary may-- (A) impose limitations on the amount of guarantees pursuant to this section that any one Indian tribe may receive in any fiscal year of $25,000,000; or (B) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this section. (i) Report.--Not later than the expiration of the 4-year period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress regarding the utilization of the authority under this section by Indian tribes and tribally designated housing entities, identifying the extent of such utilization and the types of projects and activities financed using such authority and analyzing the effectiveness of such utilization in carrying out the purposes of this section. (j) Termination.--The authority of the Secretary under this section to make new guarantees for notes and obligations shall terminate on October 1, 2012.

Native American Economic Development and Infrastructure for Housing Act of 2007 - (Sec. 2) Authorizes the Secretary of Housing and Urban Development to guarantee notes and obligations issued by Indian tribes or tribally designated housing entities, with tribal approval, to finance community and economic development activities on Indian reservations and in other Indian areas. Requires the use of at least 70% of the aggregate funds received as a result of such guarantee to support activities that benefit low-income Indian families. Directs the Secretary to establish underwriting criteria for such guarantees, including necessary fees, to ensure that the guarantee program is financially sound. Prohibits the Secretary from denying a guarantee on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or he determines that the period causes the guarantee to constitute an unacceptable financial risk. Limits a guarantee to repayment of 95% of the unpaid principal and interest due. Requires the Secretary, in cooperation with Indian tribes and tribally designated housing entities, to carry out training and information activities with respect to the guarantee program. Authorizes the Secretary to enter into guarantee commitments with an aggregate principal amount of up to $200 million for each of FY2008-FY2012. Authorizes appropriations for such fiscal years. Prohibits the expenditure of funds appropriated under this Act for the benefit of the Cherokee Nation of Oklahoma until the Secretary certifies to Congress that it is in compliance with the Treaty of 1866 and fully recognizes all Cherokee Freedmen and their descendants as citizens of the Cherokee Nation. Limits to $1 billion, or any authorized higher amount, the total aggregate outstanding obligations guaranteed on a cumulative basis by the Secretary for any fiscal year. Requires the Secretary to monitor the use of such guarantees by Indian tribes. Authorizes the Secretary, upon finding that 50% of such aggregate guarantee authority has been committed, to: (1) limit to $25 million the amount of guarantees that any one Indian tribe may receive in any fiscal year; or (2) request the enactment of legislation increasing the aggregate outstanding limitation. Terminates on October 1, 2012, the Secretary's authority to make new guarantees for notes and obligations.

To establish a demonstration program to authorize the Secretary of Housing and Urban Development to guarantee obligations issued by Indian tribes to finance community and economic development activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreclosure Accountability and Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Alternative to foreclosure.--The term ``alternative to foreclosure''-- (A) means a course of action with respect to a mortgage offered to a borrower as an alternative to a foreclosure action; and (B) includes a short sale and deed in lieu of foreclosure. (2) Borrower.--The term ``borrower'' means a mortgagor who is in default on their covered residential mortgage. (3) Covered residential mortgage.--The term ``covered residential mortgage'' means a federally related mortgage loan, as defined in section 3(1) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), that is secured by a first or subordinate lien on residential real property. (4) Foreclosure action.--The term ``foreclosure action'' means a judicial or nonjudicial foreclosure. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. HOMEOWNER BILL OF RIGHTS. (a) Action Required Before Commencing Foreclosure.--Notwithstanding any other provision of State or Federal law, no foreclosure action may be commenced with respect to a covered residential mortgage unless the person commencing the foreclosure complies with the following requirements: (1) Notice.-- (A) In general.-- (i) Notification.--The borrower shall be notified of the foreclosure action that may be taken, and such notice shall provide detailed information that includes the following: (I) A statement of any rights of the borrower under the applicable laws governing the foreclosure action and consumer rights. (II) A statement of any deadlines for filing answers, defenses, or objections to the foreclosure action, including those rights of the borrower under the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 note) and any applicable State laws. (III) A statement of any penalties and other consequences for the borrower if such borrower does not respond or file answers to the foreclosure action. (IV) A statement of the amounts claimed to be in arrears under the covered residential mortgage and amounts needed to reinstate the account and all associated costs and fees, set forth in itemized and distinct categories. (V) A statement of current contact information, including telephone numbers, electronic mail addresses, and postal addresses, at which the borrower can obtain further information regarding the mortgage account. (VI) A description of-- (aa) any additional options, such as a mortgage workout, modification, mitigation, redemption, and other alternatives to foreclosure that might be available to the borrower to prevent the foreclosure action from proceeding; and (bb) how the borrower can obtain additional information regarding such options. (VII) A statement of the correct names, telephone numbers, electronic mail addresses, postal addresses, and any State licensing numbers of the mortgage holder, the mortgage servicer, and the person or persons authorized to take the actions described pursuant to subclause (V). (ii) Accepted means of notification.--The notification given pursuant to clause (i) shall be made in writing, by electronic mail (if such information is known), by telephone, and by making an in-person visit to the property that secures the loan in connection with the covered residential mortgage. (B) Appeal.-- (i) Filing.--The borrower may file an appeal with the Secretary to dispute the accuracy of the information contained in the notice described in subparagraph (A). (ii) Timing.--The person commencing the foreclosure shall have 30 days after an appeal is filed under clause (i) to submit to the Secretary documentation supporting the information provided in the notification provided under subparagraph (A)(i). (iii) Determination.--The Secretary shall make a determination as to whether or not the information contained in the notice described in subparagraph (A) is accurate and if foreclosure action is permitted not later than 30 days after the documentation is submitted under clause (ii). (2) HUD certified counselors.-- (A) In general.--A borrower notified pursuant to paragraph (1)(A) may seek assistance from a HUD- approved housing counseling agency described under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) to act as their agent in connection with the foreclosure action. (B) Documentation.--If a borrower seeks assistance from a HUD-approved housing counseling agency under subparagraph (A), all information and documentation in connection with the foreclosure action shall be provided to such counseling agency. (3) Homeowner action.-- (A) Application.-- (i) In general.--A borrower shall have not less than the 60-day period after a notification under paragraph (1)(A) is received to apply for a loan modification or commence an alternative to foreclosure, and no foreclosure action shall be initiated before the end of such period. (ii) Tolling.--The 60-day period described in clause (i) shall be tolled during any period of time in which the borrower has filed an appeal pursuant to paragraph (1)(B) and the Secretary, with respect to such appeal, has not made a determination pursuant to clause (iii) of such paragraph. (B) Homeowner modification or alternatives to foreclosure.--If a borrower applies for a loan modification or submits documentation indicating that such borrower is seeking an alternative to foreclosure during the 60-day period described in subparagraph (A), the foreclosure action may not be initiated against such borrower until reasonable efforts have been made by the person commencing the foreclosure action to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. (C) Explanation of denial.--If a borrower is declared ineligible for a loan modification or alternative to foreclosure, such borrower shall be given an explanation that includes the reasons why such borrower is ineligible. (b) Bar to Foreclosure Actions.--A violation of this section shall be a bar to a foreclosure action. (c) Certification.--At the completion of a foreclosure action, the person who commenced such action shall certify that all Federal, State, and local laws and regulations were followed with respect to the foreclosure action and submit all applicable documentation (as such term is defined in regulations promulgated by the Secretary to carry out this Act) in connection with such action to the-- (1) borrower who was a party to the foreclosure action; (2) recorder's office in the municipality that the property that secures the loan in connection with the covered residential mortgage is located; and (3) Secretary. (d) Rule of Construction.--Nothing in this Act may be construed as to require a person commencing a foreclosure action under this section to comply with the requirements under subsection (a) in the case of a borrower who-- (1) was approved for a loan modification in connection with a covered residential mortgage after applying for such modification pursuant to subsection (a)(3)(A); (2) had the terms of such mortgage modified after such approval; and (3) is in default on such mortgage. (e) Relation to State Law.--This Act does not annul, alter, or affect, or exempt any person subject to the provisions of this Act from complying with, the laws of any State or subdivision thereof with respect to a foreclosure action on a covered residential mortgage, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. No provision of the laws of any State or subdivision thereof may be determined to be inconsistent with any provision of this Act if such law is determined to require greater disclosure or notice than is required under this Act or to provide greater protection to the borrower than is required under this Act. (f) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out this Act. SEC. 4. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, and shall apply to covered residential mortgages in which foreclosure action has not commenced.

Foreclosure Accountability and Transparency Act - Prohibits commencement of a foreclosure action with respect to a federally related residential mortgage loan secured by a first or subordinate lien unless the person commencing the foreclosure complies with specified requirements pertaining to borrower: (1) notification, (2) assistance obtained from a Department of Housing and Urban Development (HUD)-approved housing counseling agency, and (3) application for loan modification or commencement of an alternative to foreclosure. Makes a violation of this Act a bar to a foreclosure action. Requires the person who commenced a foreclosure action, at the completion of such action, to certify that all federal, state, and local laws and regulations were followed and submit all applicable documentation in connection with such action to: (1) the borrower who was a party to the foreclosure action, (2) the recorder's office in the muncipality where the property securing the loan in connection with the covered residential mortgage is located, and (3) the Secretary of HUD.

To provide homeowners with additional protections and safeguards against foreclosure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Act Amendments of 2002''. SEC. 2. AMENDMENTS TO FINDINGS. Section 202(a)(6) of the National Sea Grant College Program Act (33 U.S.C. 1121(a)(6)) is amended by striking the period at the end and inserting ``, including strong collaborations between Administration scientists and scientists at academic institutions.''. SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM. (a) Quadrennial Strategic Plan.--Section 204(c)(1) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(1)) is amended to read as follows: ``(1) The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop at least every 4 years a strategic plan that establishes priorities for the national sea grant college program, provides an appropriately balanced response to local, regional, and national needs, and is reflective of integration with the relevant portions of the strategic plans of the Department of Commerce and of the Administration.''. (b) Program Evaluation and Rating.-- (1) Evaluation and rating requirement.--Section 204(d)(3)(A) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(A)) is amended to read as follows: ``(A)(i) evaluate the performance of the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary under subsection (c), and determine which of the programs are the best managed and carry out the highest quality research, education, extension, and training activities; and ``(ii) rate the programs according to their relative performance (as determined under clause (i)) into no less than 5 categories, with each of the 2 best-performing categories containing no more than 25 percent of the programs;''. (2) Review of evaluation and rating process.--(A) After 3 years after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall contract with the National Academy of Sciences-- (i) to review the effectiveness of the evaluation and rating system under the amendment made by paragraph (1) in determining the relative performance of programs of sea grant colleges and sea grant institutes; (ii) to evaluate whether the sea grant programs have improved as a result of the evaluation process; and (iii) to make appropriate recommendations to improve the overall effectiveness of the evaluation process. (B) The National Academy of Sciences shall submit a report to the Congress on the findings and recommendations of the panel under subparagraph (A) by not later than 4 years after the date of the enactment of this Act. (c) Allocation of Funding.--Section 204(d)(3)(B) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by striking ``and'' after the semicolon at the end of clause (ii) and by adding at the end the following: ``(iv) encourage and promote coordination and cooperation between the research, education, and outreach programs of the Administration and those of academic institutions; and''. SEC. 4. COST SHARE. Section 205(a) of the National Sea Grant College Program Act (33 U.S.C. 1124(a)) is amended by striking ``section 204(d)(6)'' and inserting ``section 204(c)(4)(F)''. SEC. 5. FELLOWSHIPS. (a) Ensuring Equal Access.--Section 208(a) of the National Sea Grant College Program Act (33 U.S.C. 1127(a)) is amended by adding at the end the following: ``The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection. Not later than 1 year after the date of the enactment of the National Sea Grant College Program Act Amendments of 2002, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection, and the results of such efforts.''. (b) Postdoctoral Fellows.--Section 208(c) of the National Sea Grant College Program Act (33 U.S.C. 1127(c)) is repealed. SEC. 6. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL. Section 209(c)(2) of the National Sea Grant College Program Act (33 U.S.C. 1128(c)(2)) is amended by striking the first sentence and inserting the following: ``The term of office of a voting member of the panel shall be 3 years for a member appointed before the date of enactment of the National Sea Grant College Program Act Amendments of 2002, and 4 years for a member appointed or reappointed after the date of enactment of the National Sea Grant College Program Act Amendments of 2002. The Director may extend the term of office of a voting member of the panel appointed before the date of enactment of the National Sea Grant College Program Act Amendments of 2002 by up to 1 year.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Subsections (a), (b), and (c) of section 212 of the National Sea Grant College Program Act (33 U.S.C. 1131) are amended to read as follows: ``(a) Authorization.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this title-- ``(A) $60,000,000 for fiscal year 2003; ``(B) $75,000,000 for fiscal year 2004; ``(C) $77,500,000 for fiscal year 2005; ``(D) $80,000,000 for fiscal year 2006; ``(E) $82,500,000 for fiscal year 2007; and ``(F) $85,000,000 for fiscal year 2008. ``(2) Priority activities.--In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated for each of fiscal years 2003 through 2008-- ``(A) $5,000,000 for competitive grants for university research on the biology and control of zebra mussels and other important aquatic nonnative species; ``(B) $5,000,000 for competitive grants for university research on oyster diseases, oyster restoration, and oyster- related human health risks; ``(C) $5,000,000 for competitive grants for university research on the biology, prevention, and forecasting of harmful algal blooms, including Pfiesteria piscicida; and ``(D) $3,000,000 for competitive grants for fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding. ``(b) Limitations.-- ``(1) Administration.--There may not be used for administration of programs under this title in a fiscal year more than 5 percent of the lesser of-- ``(A) the amount authorized to be appropriated under this title for the fiscal year; or ``(B) the amount appropriated under this title for the fiscal year. ``(2) Use for other offices or programs.--Sums appropriated under the authority of subsection (a)(2) shall not be available for administration of this title by the National Sea Grant Office, for any other Administration or department program, or for any other administrative expenses. ``(c) Distribution of Funds.--In any fiscal year in which the appropriations made under subsection (a)(1) exceed the amounts appropriated for fiscal year 2003 for the purposes described in such subsection, the Secretary shall distribute any excess amounts (except amounts used for the administration of the sea grant program) to any combination of the following: ``(1) sea grant programs, according to their rating under section 204(d)(3)(A); ``(2) national strategic investments authorized under section 204(b)(4); ``(3) a college, university, institution, association, or alliance for activities that are necessary for it to be designated as a sea grant college or sea grant institute; and ``(4) a sea grant college or sea grant institute designated after the date of enactment of the National Sea Grant College Program Act Amendments of 2002 but not yet evaluated under section 204(d)(3)(A).''. SEC. 8. ANNUAL REPORT ON PROGRESS IN BECOMING DESIGNATED AS SEA GRANT COLLEGES AND SEA GRANT INSTITUTES. Section 207 of the National Sea Grant College Program Act (16 U.S.C. 1126) is amended by adding at the end the following: ``(e) Annual Report on Progress.-- ``(1) Report requirement.--The Secretary shall report annually to the Committee on Resources and the Committee on Science of the House of Representatives, and to the Committee on Commerce, Science, and Transportation of the Senate, on efforts and progress made by colleges, universities, institutions, associations, and alliances to become designated under this section as sea grant colleges or sea grant institutes, including efforts and progress made by sea grant institutes in being designated as sea grant colleges. ``(2) Territories and freely associated states.--The report shall include description of-- ``(A) efforts made by colleges, universities, associations, institutions, and alliances in United States territories and freely associated States to develop the expertise necessary to be designated as a sea grant institute or sea grant college; ``(B) the administrative, technical, and financial assistance provided by the Secretary to those entities seeking to be designated; and ``(C) the additional actions or activities necessary for those entities to meet the qualifications for such designation under subsection (a)(1).''. SEC. 9. COORDINATION. Not later than February 15 of each year, the Under Secretary of Commerce for Oceans and Atmosphere and the Director of the National Science Foundation shall jointly submit to the Committees on Resources and Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on how the oceans and coastal research activities of the National Oceanic and Atmospheric Administration, including the Coastal Ocean Program and the National Sea Grant College Program, and of the National Science Foundation will be coordinated during the fiscal year following the fiscal year in which the report is submitted. The report shall describe in detail any overlapping ocean and coastal research interests between the agencies and specify how such research interests will be pursued by the programs in a complementary manner. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Sea Grant College Program Act Amendments of 2002 - Amends the National Sea Grant College Program Act to require the Secretary of Commerce to develop a strategic plan for the national sea grant college program at least quadrennially. Requires that such plan integrate with the strategic plans of the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) as well as balance local, regional, and national needs.Revises requirements for evaluation of sea grant college and institute programs. Requires the Director of the National Sea Grant College Program to rate such programs according to their relative performance into at least five categories, with each of the two best-performing categories containing at most 25 percent of the programs.Requires the Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, to contract with the National Academy of Sciences to evaluate such rating system.Requires the Secretary to report to Congress on efforts to ensure equal access for minority and economically disadvantaged students to the graduate and post-graduate fellowship program.Eliminates the postdoctoral fellowship program.Increases from three years to four years the membership term for the sea grant review panel.Authorizes appropriations for: (1) FY 2004 through 2008; (2) competitive grants for research on the biology and control of zebra mussels and other important aquatic nonnative species, on oyster health issues, on harmful algal blooms (including Pfiesteria piscicida); and (3) competitive grants for fishery extension activities to enhance (and not supplant) existing core program funding. Limits the percentage of funds available for administration.Requires the Secretary to distribute any appropriations in excess of FY 2003 levels to any combination of: (1) sea grant programs, according to their performance rating; (2) national strategic investments; (3) sea grant program qualifying activities; and (4) sea grant colleges or institutes designated after this Act's enactment, but not yet evaluated.Requires annual reports to specified congressional committees by: (1) the Secretary of Commerce on qualifying efforts of institutions to become a part of this program, including institutions in the territories and freely associated States; and (2) the Under Secretary of Commerce for Oceans and Atmosphere jointly with the Director of the National Science Foundation on the coordination during the following fiscal year of the ocean and coastal research activities of NOAA (including the National Sea Grant College and Coastal Ocean Programs) and the National Science Foundation.

To reauthorize the National Sea Grant College Program Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Port Workforce Act''. SEC. 2. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS. Section 70105 of title 46, United States Code, is amended-- (1) in subsection (b)(1), by striking ``decides that the individual poses a security risk under subsection (c)'' and inserting ``determines under subsection (c) that the individual poses a security risk''; and (2) in subsection (c), by amending paragraph (1) to read as follows: ``(1) Disqualifications.-- ``(A) Permanent disqualifying criminal offenses.-- Except as provided under paragraph (2), an individual is permanently disqualified from being issued a transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies: ``(i) Espionage or conspiracy to commit espionage. ``(ii) Sedition or conspiracy to commit sedition. ``(iii) Treason or conspiracy to commit treason. ``(iv) A crime listed in chapter 113B of title 18, a comparable State law, or conspiracy to commit such crime. ``(v) A crime involving a transportation security incident. In this clause, a transportation security incident-- ``(I) is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area (as defined in section 70101 of title 46); and ``(II) does not include a work stoppage or other nonviolent employee- related action, resulting from an employer-employee dispute. ``(vi) Improper transportation of a hazardous material under section 5124 of title 49, or a comparable State law;. ``(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or incendiary device (as defined in section 232(5) of title 18, explosive materials (as defined in section 841(c) of title 18), or a destructive device (as defined in 921(a)(4) of title 18). ``(viii) Murder. ``(ix) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (viii). ``(x) A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.), or a comparable State law, if 1 of the predicate acts found by a jury or admitted by the defendant consists of 1 of the offenses listed in clauses (iv) and (viii). ``(xi) Any other felony that the Secretary determines to be a permanently disqualifying criminal offense. ``(B) Interim disqualifying criminal offenses.-- Except as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 7-year period ending on the date on which the individual applies for such or card, or was released from incarceration during the 5- year period ending on the date on which the individual applies for such a card, of any of the following felonies: ``(i) Assault with intent to murder. ``(ii) Kidnapping or hostage taking. ``(iii) Rape or aggravated sexual abuse. ``(iv) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. In this clause, a firearm or other weapon includes, but is not limited to-- ``(I) firearms (as defined in section 921(a)(3) of title 18); and ``(II) items contained on the United States Munitions Import List under 447.21 of title 27 Code of Federal Regulations. ``(v) Extortion. ``(vi) Dishonesty, fraud, or misrepresentation, including identity fraud. ``(vii) Bribery. ``(viii) Smuggling. ``(ix) Immigration violations. ``(x) A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961, et seq.) or a comparable State law, other than a violation listed in subparagraph (A)(x). ``(xi) Robbery. ``(xii) Distribution of, possession with intent to distribute, or importation of a controlled substance. ``(xiii) Arson. ``(xiv) Conspiracy or attempt to commit any of the crimes in this subparagraph. ``(xv) Any other felony that the Secretary determines to be a disqualifying criminal offense under this subparagraph. ``(C) Other potential disqualifications.--Except as provided under subparagraphs (A) and (B), an individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual-- ``(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony-- ``(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or ``(II) for causing a severe transportation security incident; ``(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i); ``(iii) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or ``(iv) otherwise poses a terrorism security risk to the United States.''.

Secure Port Workforce Act - Amends the Maritime Transportation Security Act of 2002 to enumerate those felony offenses which would permanently disqualify or disqualify for a specified period an individual convicted of any such offenses (or found not guilty by reason of insanity) from being issued a transportation security card.

A bill to prohibit the issuance of transportation security cards to individuals who have been convicted of certain crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Routes to School Program Reauthorization Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1101(a) of the SAFETEA-LU (119 Stat. 1155) is amended by striking paragraph (17) and inserting the following: ``(17) Safe routes to school program.--For the safe routes to school program under section 1404 of this Act, $600,000,000 for each of fiscal years 2010 through 2014.''. SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM. Section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1228) is amended to read as follows: ``SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM. ``(a) Definition of Vicinity.--In this section, the term `vicinity' means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles). ``(b) Establishment.--Subject to this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in kindergarten through the twelfth grade, with a preference for primary and middle schools. ``(c) Purposes.--The purposes of the program shall be-- ``(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; ``(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age and throughout adolescence; and ``(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. ``(d) Apportionment of Funds.-- ``(1) In general.--Subject to paragraphs (2) through (5), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the proportion that-- ``(A) the total student enrollment in kindergarten through the twelfth grade in each State; bears to ``(B) the total student enrollment in kindergarten through the twelfth grade in all States. ``(2) Minimum apportionment.--No State shall receive an apportionment under this section for a fiscal year in an amount less than an amount equal to 0.5 percent of the amounts made available to carry out this section for the fiscal year. ``(3) State incentive matching fund.-- ``(A) In general.--Subject to subparagraph (B), before apportioning amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than 10 percent of the amounts to provide additional funds to States that match Federal funds with additional State funds for the purposes of this section. ``(B) Requirements.--With respect to additional funds set aside under subparagraph (A)-- ``(i) the additional amount provided to a State from those funds shall be directly proportional to the amount of matching funds provided by the State; and ``(ii) any funds remaining after additional amounts are provided to States shall be distributed among all States in accordance with the formula described in paragraph (1). ``(4) Set-asides for administrative expenses, research, and evaluation.--Before apportioning amounts made available to carry out this section for a fiscal year, the Secretary shall set aside-- ``(A) not more than 1.5 percent of the amounts for use in paying the administrative expenses of the Secretary in carrying out this subsection; and ``(B) not less than 1.5 nor more than 2.5 percent of the amounts for use in carrying out research and evaluation activities under subsection (k). ``(5) Determination of student enrollments.--Determinations under this subsection relating to student enrollments and funds provided to States shall be made by the Secretary. ``(e) Administration of Amounts.--Amounts apportioned to a State under this section shall be administered by the department of transportation of the State. ``(f) Eligible Recipients.--Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies (including nonprofit organizations), Indian tribes, and tribal organizations that demonstrate an ability to meet the requirements of this section. ``(g) Eligible Projects and Activities.-- ``(1) Infrastructure-related projects.-- ``(A) In general.--Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk, bicycle, or use other nonmotorized modes of transportation to school, including sidewalk improvements, traffic-calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. ``(B) Location of projects.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of a school. ``(C) Safe routes to bus stops.-- ``(i) Use of funds.--Each State may use up to 10 percent of amounts apportioned to the State and used for infrastructure purposes under this section to assist eligible recipients in making infrastructure improvements that create safe routes to bus stops that are located outside of the vicinity of schools, as determined by the Secretary. ``(ii) Exclusion of structures.--Bus stop structures may not be constructed using amounts apportioned to a State under this section. ``(2) Noninfrastructure-related activities.-- ``(A) In general.--Subject to subparagraph (C), in addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking, bicycling, and other nonmotorized forms of transportation to school, including for-- ``(i) public awareness campaigns and outreach to press and community leaders; ``(ii) traffic education for children at a school, regardless of whether the children live in the vicinity of the school; ``(iii) traffic enforcement in the vicinity of schools; ``(iv) student sessions on bicycle and pedestrian safety, health, and environment; and ``(v) funding for training, volunteers, and managers of safe routes to school programs. ``(B) Management.--The use of funds to pay managers of local safe routes to school programs shall be an allowable use of funding, and shall not be considered a prohibited, reoccurring cost. ``(C) Maximum allowable amount.--Not less than 10 percent nor more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. ``(3) Planning grants.--Amounts apportioned to a State under this section may be used to provide planning grants to assist eligible recipients in developing a comprehensive safe routes to school plan that encompasses infrastructure and noninfrastructure activities. ``(4) Equitable distribution.--Each State receiving an apportionment under this section shall ensure that funds to be used for infrastructure and noninfrastructure purposes are distributed in such a way that a fair balance of funding is provided to all types of communities, including low-income communities and urban, rural, and suburban school districts. ``(5) Safe routes to school coordinator.--Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator for the safe routes to school program of the State. ``(6) Advisory committee.--Each State receiving an apportionment under this section shall form a multidisciplinary State advisory committee that includes relevant State agencies and other stakeholders (including nonprofit organizations, cities, and schools)-- ``(A) to provide guidance on program structure; ``(B) to review applications for funding; and ``(C) to provide biennial progress reports on the implementation of safe routes to school program of the State. ``(h) Clearinghouse.-- ``(1) In general.--The Secretary shall provide grants to a national nonprofit organization engaged in promoting safe routes to schools-- ``(A) to operate a national safe routes to school clearinghouse; ``(B) to develop information and educational programs on safe routes to school; ``(C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs, including for inclusion of children with disabilities; ``(D) to carry out a national awareness and promotion campaign on the benefits of walking and bicycling to school and driver safety in the vicinity of schools; ``(E) to maintain a national database of all projects assisted under this subsection; and ``(F) to collect data relating to the purposes of this program, including information on the prevalence of inclusion of children with disabilities. ``(2) Funding.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(4)(A). ``(i) Task Force.-- ``(1) In general.--The Secretary shall establish a permanent, national safe routes to school task force composed of individuals who are leaders in health, transportation, and education (including representatives of appropriate Federal agencies and nonprofit organizations), to assess and make recommendations on the implementation and evaluation of the safe routes to school program. ``(2) Reports.--Not later than 30 months after the date of enactment of this paragraph, and not later than 90 days before the end of the final fiscal year for which funds are authorized to be appropriated to carry out this section, respectively, the Secretary shall submit to Congress a report that includes-- ``(A) a description of the status of implementation of the safe routes to school program; ``(B) recommendations on strategies for successful implementation of that program; and ``(C) guidance on evaluation strategies for that program. ``(3) Funding.--The Secretary shall carry out this subsection using amounts set aside for research and evaluation activities under subsection (d)(4)(B). ``(j) Treatment of Projects.-- ``(1) Noninfrastructure projects.--A noninfrastructure project and an infrastructure project that does not involve or lead directly to construction for which assistance is provided under this section shall not be considered to be a project on a Federal-aid system for purposes of chapter 1 of title 23, United States Code. ``(2) Infrastructure projects.--Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations for Federal-aid construction projects under this section that encourage the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditure of funds for projects that are small, low-impact, and constructed within an existing built environment. ``(3) State processes.--The Secretary shall work with State departments of transportation to ensure that the regulations promulgated pursuant to paragraph (2) are implemented consistently by States and staff of the Federal Highway Administration to avoid unnecessary delays in implementing projects and ensuring effective use of Federal funds. ``(k) Research and Evaluation.-- ``(1) In general.--The Secretary shall develop and implement a comprehensive evaluation plan that includes-- ``(A) collaboration with the Centers for Disease Control and Prevention, the Environmental Protection Agency, and the Department of Education to develop measures of the effectiveness of safe routes to school with respect to health, safety, the environment, student academics, and student behavior; ``(B) mandatory collection of standardized evaluation data on those measures for any project funded under this section; ``(C) evaluation of data to determine the impact of safe routes to school on all purposes of the program, areas for improvement, and proven best practices at the national, State, and local levels; and ``(D) the issuance not less than annually of updated best practices on State and local implementation. ``(2) Research.--The Secretary shall designate independent research organizations or authorities to conduct research and issue reports for wide dissemination that benefit the safe routes to school program, including-- ``(A) robust, reliable, consistent, and frequent measures of the use and safety of nonmotorized modes of transportation, including walking and bicycling for school-related travel; ``(B) a school travel safety index capable of measuring both the mode share and crash history for school-related travel at the national, State, and local levels; and ``(C) such additional research as the Secretary determines will advance the safe routes to school program. ``(3) School siting.--The Secretary shall assemble a working group composed of representatives of the Department of Transportation, the Department of Health and Human Services, the Department of Education, the Centers for Disease Control and Prevention, the Environmental Protection Agency, States, and stakeholder groups (including nonprofit organizations and schools)-- ``(A) to examine the complex issue of school siting (including the impact of school siting on levels of walking and bicycling to school); and ``(B) to develop and annually update recommendations, strategies, and best practices to assist States and local governments in making decisions about siting schools. ``(l) Funding.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except to the extent that the Secretary determines that any requirement of that title (other than section 113 of that title) is not consistent with the objectives of this section. ``(2) Availability.--Funds made available to carry out this section-- ``(A) shall not be transferable; ``(B) shall remain available for obligation for a period of 3 years beginning on the date on which the funds are made available; and ``(C) if allowed by a State to expire, shall be redistributed by the Secretary among States that obligated funds made available to the States during the 2-year period beginning on the date on which the funds were made available to the States. ``(3) Federal share.-- ``(A) In general.--The Federal share of the cost of a project or activity carried out with funds made available under this section shall be 100 percent. ``(B) Other funds.-- ``(i) In general.--A State or other eligible recipient of funds under this section may elect to contribute other funds to a safe routes to school project. ``(ii) Disadvantaged schools and higher- risk areas.--If a State elects to consider supplemental funds as part of the application of an eligible recipient for a grant from funds made available under this section, the State shall ensure that disadvantaged schools and schools in areas with higher risks of death and injury to child pedestrians and cyclists are not at a competitive disadvantage in the selection process.''.

Safe Routes to School Program Reauthorization Act - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to reauthorize appropriations for FY2010-FY2014 for the safe routes to school program. Revises program requirements to specify children kindergarten through 12th grade as the ones to be benefited by the program. Revises apportionments to replace the current specific dollar amounts with formulae. Includes projects for other nonmotorized modes of transportation besides walking and bicycling as noninfrastructure-related projects. Authorizes states to set-aside up to 10% of apportioned funds for infrastructure improvements that create safe routes to bus stops located outside of the vicinity of schools. Requires any state that receives an apportionment of funds to form a multidisciplinary state advisory committee. Prescribes requirements for the treatment of noninfrastructure and infrastructure projects. Requires the Secretary of Transportation to: (1) develop and implement a comprehensive plan for evaluating the effectiveness of safe routes to school; and (2) establish a working group of federal agencies, states, and stakeholders to examine the issue of school siting.

A bill to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to reauthorize and improve the safe routes to school program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remove Explicit Material Offensive to Victims Expeditiously Act of 2018'' or the ``REMOVE Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The Internet and other communications technologies have generated tremendous benefits for consumers and businesses across all sectors of society. The United States is a world leader in harnessing these benefits to advance the social and economic well-being of its citizens. It is vital that U.S. law and policy support these advances and do not unduly restrict innovation or inhibit beneficial uses of these technologies. (2) Like all technologies, the Internet and other communications technologies can be misused by malicious actors. These actors often target those in society who are most vulnerable, including children, the elderly, and those whose circumstances make them particularly susceptible to fraud, harassment, or abuse. (3) In recent years, there has been a dramatic increase in the nonconsensual online distribution of images depicting the exposure of adult individuals' intimate body parts or depicting adult individuals engaged in sexually explicit conduct. In many cases, these adult individuals either did not consent to the creation of this imagery, or had a reasonable expectation that such material would remain private. (4) The nonconsensual distribution of sexually intimate imagery constitutes a gross violation of personal privacy and human dignity. This distribution can have devastating impacts on individuals depicted in such imagery, including on their professional lives, personal relationships, personal safety, and emotional well-being. Persons who intentionally distribute private, sexually intimate imagery often do so to humiliate, degrade, harass, threaten, or extort the individuals depicted. (5) In some cases, the nonconsensual distribution of sexually intimate imagery may violate Federal or State civil or criminal law. In this regard, Congress notes efforts by the Federal Trade Commission to address the nonconsensual distribution of sexually explicit images through its powers under the Federal Trade Commission Act. (6) Those who perpetrate the nonconsensual distribution of sexually intimate images often rely on interactive computer services to facilitate such distribution. This conduct may violate the terms of service or other terms imposed by providers of these services. Many providers have adopted policies, standards and procedures pursuant to which they will remove or block access to nonconsensual sexually intimate images upon notice. (7) It is in the public interest to incentivize providers of interactive computer services to adopt and enforce policies that are reasonably calculated to remove or block access through their services to sexually intimate imagery that has been distributed without the consent of one or more individuals depicted in that imagery. SEC. 3. REQUIREMENT TO REMOVE NONCONSENSUAL SEXUALLY INTIMATE IMAGERY. (a) Rules Required.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe rules in accordance with section 553 of title 5, United States Code, that require the following: (1) Publication of registrations.--The Commission to create and maintain a dedicated web page or other online resource, located within or accessible through the public-facing website of the Commission, through which individuals may obtain the information submitted by registered providers in accordance with paragraph (2). (2) Provider registration requirements.--A provider to submit a registration with the Commission by providing the following: (A) Current and accurate contact details of a single agent, designated to receive the takedown request form described in subsection (b), who is authorized to act on the provider's behalf, including the employment title or division, email address or other online contact information, and telephone number of the agent. (B) The URL of the location at which an individual may obtain access to and submit to the designated agent of a provider a takedown request form that meets the requirements of subsection (b). (3) Registration by commission.--Not later than 7 calendar days after the date on which the Commission receives a registration that meets the requirements of paragraph (2), the Commission to register the provider by publishing the registration in accordance with paragraph (1). (4) Removal of nonconsensual sexually intimate imagery.--A designated agent of a provider to expeditiously review and remove sexually intimate imagery if requested by an individual identifiable in the imagery if-- (A) a takedown request form that meets the requirements of subsection (b) is submitted to the designated agent of the provider; (B) the designated agent of the provider can identify the imagery with reasonable certainty; and (C) the imagery was produced in a location with a reasonable expectation of privacy. (5) Standardized sexually intimate takedown request form.-- The Commission to provide on its public-facing web page or online resource as required under paragraph (1) access to a standardized sexually intimate takedown request form that meets the requirements of subsection (b). (6) General guidance.--The Commission to develop and implement a comprehensive awareness and educational campaign designed to-- (A) provide guidance for providers that lack a process to expeditiously remove sexually intimate imagery from their services; and (B) inform Internet users about the resources made available to them by providers to request removal of a sexually intimate images that have been distributed without the consent of one or more individuals depicted in such images. (7) Penalty for noncompliance.--Penalties for a violation of this Act or any rule prescribed under this Act-- (A) that are commensurate with the circumstance of the offense taking into account the totality of the circumstances; (B) that are greater for repeat offenders; and (C) that are greater if the provider solicited the nonconsensual sexually intimate imagery or profited from the posting of such imagery. (b) Requirements of Sexually Intimate Takedown Request Form.--A sexually intimate takedown request form satisfies the requirements of this subsection if the form requires an individual seeking removal of sexually intimate imagery distributed without consent of the submitter that is available or accessible through a provider's service to submit the following information in writing to the designated agent of the provider as described under subsection (a)(2)(A): (1) A URL for each location where a sexually intimate image depicting the submitter appears on the provider's service. (2) An affirmation that the submitter had a reasonable expectation of privacy in the location in which each image was taken or recorded. (3) A description of any other private information that appears in the images. (4) An affirmation that the submitter did not consent to the distribution of the images on the provider's service. (5) A statement about whether the submitter has sought one or more protective measures in connection with any individual who took or recorded the images, any other individual who appears in the images, or any individual responsible for the distribution of the images. (6) An attestation that the submitter appears in the images and that all information provided in the takedown request form is true and accurate to the best of the submitter's knowledge. (c) Incentives for Responsible Provider Action.-- (1) In general.--No cause of action shall lie in any court against any provider (including any officer, employee, or agent) if the provider meets the registration requirements under subsection (a)(2)-- (A) for any decision about whether to remove sexually intimate images that the provider makes in a good-faith response to the submission of a takedown request form that meets the requirements of subsection (b); and (B) based on any knowledge obtained in the course of the provider's good-faith processing of an individual's takedown request form if-- (i) the Commission has registered the provider under subsection (a)(3); and (ii) the provider adheres to a publicly accessible policy reasonably calculated to remove or disable access through the services of the provider to the sexually intimate images that have been distributed without the consent of one or more individuals who appear in the images. (2) Policy defined.--In this subsection, the term ``policy'' means a publicly accessible document that describes how an individual may submit a takedown request for sexually intimate imagery, which may be included in the terms of service, a statement of community standards, or other document. (3) Rule of construction.--Paragraph (1) shall not be construed to-- (A) impair the enforcement of any Federal criminal statute; (B) limit or expand any law pertaining to intellectual property; (C) limit or expand section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)); or (D) subject a provider that meets the requirements under subsection (a)(2) to civil liability under State law for not removing sexually intimate imagery. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of a rule prescribed under section 3(a) shall be treated as a violation of a rule prescribed 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 the rules prescribed under section 3(a) 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 violation of such a rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 5. STUDY BY THE COMMISSION. (a) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Commission shall conduct a study and submit to Congress a report that-- (1) provides a detailed analysis of the effectiveness of the takedown request policies and procedures of providers that have registered with the Commission under section 3; (2) evaluates whether these policies and procedures have had a material impact in diminishing the public availability of, and access to, sexually intimate images distributed without the consent of one or more individuals appearing in such images; and (3) makes recommendations to Congress, as appropriate, on ways in which the provisions of this Act should be updated to take account of new technologies or new avenues through which such sexually intimate images are distributed. (b) Stakeholder Input.--The Commission shall prepare the study required under subsection (a) by working with industry, victim and victim support groups, and other stakeholders. SEC. 6. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Image; imagery.--The term ``image'' or ``imagery'' means a photograph, film, video, or other reprographic representation of an individual, whether recorded or live. (3) Interactive computer service.--The term ``interactive computer service'' has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). (4) Protective measure.--The term ``protective measure'' means a restraining order, court order, police report, contact with an appropriate victim's advocacy organization, or other measure or conduct reasonably intended to protect the individual seeking the measure against another individual responsible for or associated with a sexually intimate image that is the subject of a takedown request form. (5) Provider.--The term ``provider'' means a provider of an interactive computer service. (6) Sexually explicit conduct.--The term ``sexually explicit conduct'' has the meaning given that term in section 2256(2)(A) of title 18, United States Code. (7) Single agent.--The term ``single agent'' means one individual or entity authorized by a provider pursuant to section 3(a)(2)(A), which may include an individual, a specific position or title held by an individual, a specific department within the provider's organization, or a third-party entity. (8) Sexually intimate image; sexually intimate imagery.-- The terms ``sexually intimate image'' and ``sexually intimate imagery'' mean an image of a individual that depicts-- (A) a nude intimate body part; or (B) sexually explicit conduct. (9) Submitter.--The term ``submitter'' means the individual who submits a sexually intimate image takedown request form to a provider. (10) Takedown request.--The term ``takedown request'' means a request to remove or block access to a sexually intimate image that depicts the individual submitting the request but was distributed without the explicit consent of the individual to public distribution. (11) URL.--The term ``URL'' means the address of an Internet web page or an item generally available on the Internet, such as a file.

Remove Explicit Material Offensive to Victims Expeditiously Act of 2018 or the REMOVE Act This bill requires the Federal Trade Commission to prescribe rules for the creation of a public website where an individual may: (1) obtain information regarding the existence of sexually-intimate imagery depicting such individual, submitted by a registered interactive computer-service provider; and (2) submit a takedown-request form. If the form meets specified requirements, a designated agent of a provider must review and remove the imagery from the interactive computer service.

Remove Explicit Material Offensive to Victims Expeditiously Act of 2018

SECTION 1. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. (a) Increase in Criminal Penalties for Computer Crimes.--Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(4), by striking all beginning with ``, unless'' through the semicolon and inserting ``or causes damage;''; and (2) in subsection (c)-- (A) in paragraph (2)(B), by striking ``5 years'' and inserting ``10 years''; (B) in paragraph (2)(C), by striking ``ten years'' and inserting ``20 years''; (C) in paragraph (3)(A), by striking ``five years'' and inserting ``10 years''; and (D) in paragraph (3)(B), by striking ``ten years'' and inserting ``20 years''. (b) Improved Damage Threshold.--Section 1030(e)(8) of title 18, United States Code, is amended-- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) causes loss or interruption of service to the general public;''. SEC. 2. NATIONAL COMMISSION ON CYBERSECURITY. (a) Establishment of National Commission on Cybersecurity.--There is established the National Commission on Cybersecurity (in this section referred to as the ``Commission''). (b) Membership of Commission.-- (1) Appointment.--The Commission shall be composed of 12 members as follows: (A) Three individuals shall be appointed by the Speaker of the House of Representatives. (B) One individual shall be appointed by the Minority Leader of the House of Representatives. (C) Three individuals shall be appointed by the Majority Leader of the Senate. (D) One individual shall be appointed by the Minority Leader of the Senate. (E) Four individuals shall be appointed by the President of the United States. (2) Qualifications.--Each of the individuals appointed under paragraph (1) shall be-- (A) individuals with a background in Federal, State, or local law enforcement; (B) individuals from the technology industry; or (C) individuals with expertise in security in the technology industry. (3) Chairperson and vice chairperson.--The members of the Commission shall elect a Chairperson and a Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson shall assume the duties of the Chairperson. (4) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (5) Appointments.--All appointments under paragraph (1) shall be made within 30 days after the date of enactment of this Act. (6) Voting.--Each member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission. (7) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (8) Prohibition of additional pay.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service to the extent funds are available for such expenses. (9) Initial meeting.--The initial meeting of the Commission shall occur within 90 days after the date of enactment of this Act. (c) Functions of Commission.-- (1) Specific findings and recommendations.--The Commission shall study the incidents of computer crimes and the need for enhanced methods of combating computer crimes. The Commission shall make findings and specific recommendations relating to-- (A) improved coordination among all Federal agencies in combating computer crimes, including a central information sharing mechanism; (B) the need for criminal laws designed to deter computer crimes; (C) development of a strategic plan for improved international coordination to combat computer crimes targeted at the United States from foreign countries; (D) the need for additional Federal resources, as well as State and local resources to combat computer crimes; and (E) the enhancement of overall computer security in the United States without creating legal or regulatory burdens on the private sector. (2) Final report.-- (A) In general.--Subject to subparagraph (B), the Commission shall submit to the President and Congress, not later than 1 year after the date of the first meeting of the Commission, a report that shall contain a detailed statement of the findings and conclusions of the Commission, including the Commission's recommendations for administrative and legislative action that the Commission considers advisable. (B) Majority vote required for recommendations.-- Any recommendation described in subparagraph (A) shall be made by the Commission to the President and Congress only if such recommendation is adopted by a majority vote of the members of the Commission who are present and voting. (d) Powers of Commission.-- (1) Hearings.--For the purpose of carrying out this Act, the Commission may hold such hearings and sit and act at such times and places as the Commission may find advisable. (2) Rules and regulations.--The Commission may adopt such rules and regulations as may be necessary to establish the Commission's procedures and to govern the manner of the Commission's operations, organization, and personnel. (3) Assistance from federal agencies.-- (A) Information.--The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this Act. Each such agency or instrumentality shall, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), furnish such information to the Commission, upon request made by the Chairperson of the Commission. (B) Facilities and services; personnel detail authorized.--Upon request of the Chairperson of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head-- (i) make any of the facilities and services of such agency or instrumentality available to the Commission; and (ii) detail any of the personnel of such agency or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the Commission's duties under this Act. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (5) Contracting.--The Commission, to such extent and in such amounts as are provided in appropriation Acts, may enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the Commission's duties under this Act. (6) Staff.--Subject to such rules and regulations as may be adopted by the Commission, and to such extent and in such amounts as are provided in appropriation Acts, the Chairperson of the Commission shall have the power to appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an executive director, and of such additional staff as the Chairperson determines advisable to assist the Commission, at rates not to exceed a rate equal to the maximum rate for level IV of the Executive Schedule under section 5332 of such title. (e) Expenses of Commission.--There are authorized to be appropriated to pay any expenses of the Commission such sums as may be necessary not to exceed $500,000. Any sums appropriated for such purposes are authorized to remain available until expended, or until 1 year after the termination of the Commission under subsection (f), whichever occurs first. (f) Termination of Commission.--The Commission shall terminate on the date that is 60 days after the date on which the Commission is required to submit its final report in accordance with section (c)(2).

Redefines "damage" for purposes of the Act to include causing loss or interruption of service to the general public. Establishes the National Commission on Cybersecurity. Directs the Commission to study the incidents of computer crimes and the need for enhanced methods of combating computer crimes. Sets forth reporting requirements.

A bill to increase criminal penalties for computer crimes, establish a National Commission on Cybersecurity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Abuse Prevention Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) methamphetamine is a dangerous drug distributed throughout the United States; (2) the manufacture, distribution, and use of methamphetamine results in increased crime, damage to the environment, hazardous waste that endangers the public, expensive cleanup costs often borne by Federal, State, and local government agencies, and broken families; (3) Congress has acted many times to limit the availability of chemicals and equipment used in the manufacturing of methamphetamine; (4) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of methamphetamine; (5) the United States Drug Enforcement Administration has indicated that methamphetamine manufacturers often obtain pseudoephedrine from retail and wholesale distributors, in both bottles and ``blister packs'', and that the use of pseudoephedrine tablets in blister packs is pervasive in the illicit production of methamphetamine in both small and large clandestine methamphetamine laboratories; (6) while current law establishes a retail sales limit of 9 grams for most pseudoephedrine products, including common cold medicine, there is no such limit on the sale of blister-packed pseudoephedrine products; (7) the 9 gram limit on bottled pseudoephedrine allows an individual to purchase approximately 366 thirty-milligram tablets per transaction, which is significantly more than a typical consumer would need for legitimate purposes; (8) reducing the current 9 gram threshold to 6 grams would allow consumers to continue purchasing sufficient medication for legitimate purposes and would assist efforts to reduce illegal use of the pseudoephedrine products; (9) the United States Drug Enforcement Administration recommended in March 2002 that retail distribution of pseudoephedrine tablets in blister packages should not be exempt from the general retail sales limit; and (10) in recommending legislation to correct the current disparity in the law between bottled and blister-packed pseudoephedrine tablets, the United States Drug Enforcement Administration stated that ``The removal of this difference would significantly prevent illicit access to this methamphetamine precursor and would be easier for both the government and the industry to monitor and would increase compliance by retailers''. SEC. 3. REDUCTION OF RETAIL SALES THRESHOLD TO 6 GRAMS. Section 102(39)(A)(iv)(II) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(II)) is amended-- (1) by striking ``9 grams'' each place such term appears and inserting ``6 grams''; and (2) by striking ``and sold in package sizes of not more than 3 grams of pseudoephedrine base or 3 grams of phenylpropanolamine base; or'' and inserting the following: ``and sold in, with respect to nonliquids, package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base, and packaged in blister packs, each blister containing not more than 2 dosage units, or where the use of blister packs is technically infeasible, packaged in unit dose packets or pouches and, with respect to liquids, sold in package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base; or''. SEC. 4. ELIMINATION OF BLISTER PACK EXEMPTION. (a) Regulated Transaction.--Section 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(I)(aa)) is amended by striking ``, except that'' and all that follows through ``1996)''. (b) Definition.--Section 102 of the Controlled substances Act (21 U.S.C. 802) is amended-- (1) by striking paragraph (45); and (2) by redesignating paragraph (46) as paragraph (45). (c) Rule of Law.--To the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 802 note), the amendment shall control. SEC. 5. NATIONAL UNIFORMITY FOR RESTRICTIONS ON THE SALE OF PSEUDOEPHEDRINE PRODUCTS. Section 708 of the Controlled Substances Act (21 U.S.C. 903) is amended-- (1) by striking ``No'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no''; and (2) by adding at the end the following: ``(b) Pseudoephedrine Drug Product.-- ``(1) State and local requirements.-- ``(A) In general.--No State or political subdivision of a State or State authorized entity may establish with respect to the retail sales of any pseudoephedrine drug product any requirement or restriction that is different from, or in addition to, or that is otherwise not identical with, the requirements and restrictions that apply to pseudoephedrine drug products under this Act. ``(B) State penalties.--Nothing in subparagraph (A) shall be construed as preventing a State or political subdivision of a State from adopting penalties that are different from, or in addition to, or that are otherwise not identical with, the penalties that apply under this Act. ``(C) Grandfather clause.--Subparagraph (A) shall not apply to any requirement or restriction regarding the retail sale of pseudoephedrine drug products established by a State or political subdivision of a State or State authorized entity enacted prior to January 1, 2005, other than a requirement or restriction allowing any individual to purchase more than 6 grams of pseudoephedrine base in any single retail transaction. ``(2) Exemptions.-- ``(A) In general.--Upon application of a State or political subdivision thereof, the Attorney General, not later than 30 days after receiving the application, may exempt from paragraph (1)(A), under such conditions as the Attorney General may prescribe, a State or political subdivision requirement upon a determination by the Attorney General that-- ``(i) pseudoephedrine drug products obtained in that State or political subdivision are being used as a significant source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale; ``(ii) the requirement is likely to substantially decrease the use of pseudoephedrine drug products as a source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale; and ``(iii) the requirement will not unduly burden interstate commerce. ``(B) Judicial review.-- ``(i) Review in court of appeals.--Within 10 days after a determination by the Attorney General under subparagraph (A), the State or political subdivision involved, or an individual affected by the determination, may file a petition for judicial review of such determination in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over any such petitions. ``(ii) Determination by court.-- ``(I) In general.--Within 20 days after a petition under clause (i) is filed with the court, the court shall enter final judgement on the petition. ``(II) Service regarding petition.--With respect to a petition under clause (i), if the court determines that proper service was not made on the Attorney General within 5 days after the date on which the petition was filed with the court, the running of the 20-day period under subclause (I) shall not begin before the day on which proper service was made on the Attorney General. ``(iii) Finality of determination.--Any determination made by the court under this subparagraph shall be final and conclusive and shall not be reviewed by any other court. ``(C) Computation of days.--For purposes of this paragraph, Saturday, Sunday, or a legal holiday in the District of Columbia shall not be counted as the last day of any period. ``(3) Definitions.--As used in this subsection, the term `pseudoephedrine drug product' means a product containing pseudoephedrine that may be marketed or distributed lawfully in the United States as a drug under the Federal Food, Drug, and Cosmetic Act.''.

Methamphetamine Abuse Prevention Act of 2004 - Amends the Controlled Substances Act to: (1) reduce the retail sales threshold for the sale of products containing pseudoephedrine or phenylpropanolamine products from nine grams to six grams; and (2) eliminate the "regulated transaction" exemption for any over-the-counter sale of such products (including blister packs) by retail distributors. Prohibits any State, political subdivision, or State authorized entity from establishing any requirement for retail sales of any pseudoephedrine drug product that is different from the requirements that apply to such products under this Act. Makes this provision inapplicable to any requirement enacted prior to January 1, 2005, other than a requirement allowing any individual to purchase more than six grams of pseudoephedrine base in any single retail transaction. Allows the State to adopt penalties that are different from penalties that apply under this Act. Authorizes exemptions from this prohibition upon a determination by the Attorney General that pseudoephedrine drug products obtained in the State are being used as a significant source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale, that the requirement is likely to substantially decrease such use, and that the requirement will not unduly burden interstate commerce. Sets forth provisions governing judicial review.

To eliminate the safe-harbor exception for certain packaged pseudoephedrine products used in the manufacture of methamphetamine, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel Charles Young Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Colonel Charles Young was-- (A) a distinguished African-American officer in the United States Army; (B) the third African-American to graduate from West Point; (C) a commander of troops in combat in-- (i) the Spanish-American War; and (ii) the Mexican Punitive Expedition against Pancho Villa; (D) the first Black United States military attache to a foreign government; and (E) the highest ranking Black Officer in the United States Armed Forces at the outbreak of World War I. (2) Charles Young was born in 1864 into slavery to Gabriel Young and Arminta Bruen in Mays Lick, Kentucky, a small town near Maysville. (3) Following West Point, Young began his service with the Ninth Cavalry in the American West. From 1889 to 1890 he served at Fort Robinson, Nebraska, and from 1890 to 1894 at Fort Duchesne, Utah. (4) In 1894, Lieutenant Young was assigned to Wilberforce College in Ohio, a historically black college (HBCU), to lead the new military sciences department, established under a special Federal grant. (5) As the commander of an Army unit assigned to protect and develop Sequoia National Park and General Grant National Park in the State of California, Colonel Young is recognized as the first African-American to be the Superintendent of a National Park. (6) During his 32 years of honorable military service, Colonel Young proved to be a valuable asset in the field of military intelligence. (7) With the Army's founding of the Military Intelligence Department, in 1904 it assigned Young as one of the first military attaches, serving in Port-au-Prince, Haiti. (8) In 1908 Young was sent to the Philippines to join his Ninth Regiment and command a squadron of two troops. It was his second tour there. After his return to the United States, he served for 2 years at Fort D.A. Russell, Wyoming. (9) In 1912 Young was assigned as the military attache to Liberia, the first African-American to hold that post. For 3 years, he served as an expert adviser to the Liberian government and also took a direct role, supervising construction of the country's infrastructure. (10) In 1912 Young published The Military Morale of Nations and Races, a remarkably prescient study of the cultural sources of military power. (11) During the 1916 Punitive Expedition by the United States into Mexico, then-Major Young commanded the 2nd squadron of the 10th United States Cavalry. While leading a cavalry pistol charge against Pancho Villa's forces at Agua Caliente, he routed the opposing forces without losing a single man. (12) Because of his exceptional leadership of the 10th Cavalry in the Mexican theater of war, Young was promoted to Lieutenant Colonel in September 1916. He was assigned as commander of Fort Huachuca, the base in Arizona of the Tenth Cavalry, nicknamed the ``Buffalo Soldiers'', until mid-1917. He was the first African-American to achieve the rank of colonel in the United States Army. 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 Colonel Charles Young, in recognition of his pioneering career in the United States Army during exceptionally challenging times. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) National Afro-American Museum and Cultural Center.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the National Afro-American Museum and Cultural Center in Wilberforce, Ohio, 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 National Afro-American Museum and Cultural Center should make the gold medal received under paragraph (1) available for display or for loan as appropriate so that it may be displayed elsewhere, particularly at other appropriate locations associated with the life of Colonel Charles Young. 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. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for the purposes of chapter 51 of title 31, United States Code.

Colonel Charles Young Congressional Gold Medal Act This bill directs 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 to Colonel Charles Young in recognition of his pioneering U.S. Army career during exceptionally challenging times. Following its award, the medal shall be given to the National Afro-American Museum and Cultural Center in Wilberforce, Ohio. It is the sense of Congress that the National Afro-American Museum and Cultural Center should make the gold medal received available for display or loan so that it may be displayed elsewhere, particularly at other locations associated with Colonel Young's life.

Colonel Charles Young Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Methamphetamine Response Act''. SEC. 2. HIGH INTENSITY METHAMPHETAMINE ABUSE AND TRAFFICKING AREAS. (a) HIMATAs.--The Director may designate a State or any portion of a State as a high intensity methamphetamine abuse and trafficking area (in this section referred to as a ``HIMATA'') and provide funding for such areas in accordance with this section. (b) Designation Process.-- (1) In general.--The Director may make a HIMATA designation only after-- (A) receipt of a petition by a Governor of a State to designate the State or a portion of the State as a HIMATA; and (B) making a determination for the area that is the subject of the petition on the basis of the methamphetamine epidemic severity index developed under paragraph (3). (2) Priority for hidtas.--The Director may accept a petition in full, accept certain portions of the geographic areas proposed, or reject the petition. The Director shall give priority consideration to areas that are already designated a high intensity drug trafficking area (in this section referred to as a ``HIDTA'') and include methamphetamine as a primary reason for that designation. (3) Severity index.--The Director shall develop a methamphetamine epidemic severity index to be used for determining whether to designate an area as a HIMATA under this section. The index shall be based on the following factors: (A) Per capita rates of arrests for methamphetamine possession in an area. (B) Per capita rates of arrests for methamphetamine production in an area. (C) Per capita rates of methamphetamine lab seizures in an area. (D) Per capita rates of treatment for methamphetamine addiction in an area. (E) Any additional particular factors the Director considers appropriate for indicating the severity of the problem in an area. (c) Funding of HIMATAs.-- (1) In general.--The Director may provide funding to a State to implement a HIMATA after receipt of a comprehensive methamphetamine response plan for that HIMATA that meets the requirements of subsection (d), as determined by the Director. (2) Level of funding.--The Director shall determine the level of funds to be provided to a HIMATA based on the population and the methamphetamine epidemic severity index of the HIMATA, except that the Director shall increase the amount of funds that otherwise would be provided to a State by 10 percent if the State has effective precursor control laws or regulations in place when its CMRP is submitted. (3) Specific funding requirements.--In providing funds for a HIMATA, the Director shall require that at least 5 percent of the funds be used for youth and adult prevention efforts and that at least 25 percent be used for treating methamphetamine addiction. The remainder may be used for prosecution, law enforcement personnel, law enforcement equipment, drug courts, and other priorities. Federal funding must supplement rather than supplant State and local funding. (4) Five year funding.--Funding shall be provided to a HIMATA on an annual basis for five years. After five years, the Director shall evaluate the designation of the HIMATA and determine whether it should be extended. (d) Comprehensive Methamphetamine Response Plan.-- (1) Requirement to develop plan.--For each HIMATA designated under this section, the Director shall require the State in which the HIMATA is located to develop a comprehensive methamphetamine response plan (in this section referred to as the ``CMRP'') within six months after the date of designation that complies with the requirements of this subsection. (2) Requirements of plan.--A CMRP developed by a State under this subsection shall-- (A) describe the manner in which the State plans to use funding provided under this Act to address any existing inadequacies in enforcement, treatment, prevention, and precursor controls; and (B) in the case of a HIMATA that overlaps with an area designated as a HIDTA, address how the two programs will cooperate and coordinate, including how resources and efforts may be merged. (e) Definitions.--In this Act: (1) Director.--The term ``Director'' means the Director of National Drug Control Policy. (2) HIMATA.--The term ``HIMATA'' means a high intensity methamphetamine abuse and trafficking area designated under section 2 of this Act. (3) HIDTA.--The term ``HIDTA'' means a high intensity drug trafficking area designated under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1706). (4) CMRP.--The term ``CMRP'' means a comprehensive methamphetamine response plan developed under section 2 of this Act. (f) Authorization.--There is authorized to be appropriated $1,000,000,000 for fiscal year 2006 and each fiscal year thereafter to carry out this Act.

Comprehensive Methamphetamine Response Act - Authorizes the Director of National Drug Control Policy to designate a State, or any portion of a State, as a high intensity methamphetamine abuse and trafficking area (HIMATA) and provide funding for such areas after: (1) receiving a Governor's petition for such designation; and (2) making a determination for the area on the basis of the methamphetamine epidemic severity index developed under this Act. Requires the Director to give priority consideration to areas that are already so designated if methamphetamine is a primary reason for that designation. Requires the Director to develop a methamphetamine epidemic severity index to be used in making HIMATA determinations based on specified factors, including per capita rates of methamphetamine possession or production, lab seizures, and addiction in an area. Authorizes the Director to provide funding to a State to implement a HIMATA after receipt of a comprehensive methamphetamine response plan (CMRP). Requires the Director to determine funding levels based on the population and the severity index of the area, with an exception. Requires the Director to require the State in which the HIMATA is located to develop a CMRP that: (1) describes the manner in which the State plans to use funding provided to address any existing inadequacies in enforcement, treatment, prevention, and precursor controls; and (2) in the case of a HIMATA that overlaps with a high intensity drug trafficking area, addresses how the two programs will coordinate.

To provide for the designation and funding of high intensity methamphetamine abuse and trafficking areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parents' Rights Empowerment and Protection Act'' (PREP Act). SEC. 2. FINDINGS. Congress makes the following findings: (1) Schools and other public education facilities are critical societal institutions for the education of children, and parents are primarily responsible for the care, health, and education of their children. (2) Teachers, administrators, and other educational laypersons may significantly impact the educational development of the children in their care. The responsibility of teachers, administrators, and other educational laypersons is limited to their instructional interaction with the child, while a parent's responsibilities do not end with the ring of a bell or the end of the school year. (3) Schools and other public education facilities serve a wide array of children, each with their own unique social maturity level. Schools are not adequately equipped to properly ascertain an individual child's readiness for certain types of information. (4) Parents are primarily responsible for the educational, societal, and personal development of their children, and parents are best suited for determining the appropriate time, manner, and context for conveying sensitive information to their children. (5) Schools, in the discharge of their educational duties, may impart information of a sensitive nature to children regarding a variety of issues. Parents should be informed by the schools as to the full content of the information to be conveyed, the context of the instruction, and methods for conveying the information. SEC. 3. DEFINITIONS. (a) In General.--In this Act, the terms ``elementary school'', ``local educational agency'', ``parent'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Additional Definitions.--In this Act: (1) Child.--The term ``child'' means a human being who has not reached the age of majority as determined under applicable State law. (2) Educational institution.--The term ``educational institution'' means any public or private preschool, elementary school, or secondary school, except that in the case of an educational institution composed of more than 1 school or department which are administratively separate units, such term means each such school or department. SEC. 4. PROHIBITION OF INSTRUCTION WITHOUT THE CONSENT OF A PARENT. (a) Consent Required.--Each educational institution that receives Federal funds or Federal financial assistance shall obtain the affirmative, informed, written consent of the parent of a child in the care of the educational institution prior to requesting information from the child, or conveying information to the child, on subjects concerning sex, sexuality, or related topics, regardless of whether such information-- (1) is gender specific; (2) is related to sexual orientation; or (3) conforms with other elements of the instructional materials of the educational institution. (b) Notice.--Upon the request of a parent of a child attending such an educational institution, the educational institution shall provide to the parent-- (1) an opportunity to review the information described in subsection (a); and (2) a description of-- (A) the context and setting in which the information will be requested, broached, discussed, or otherwise conveyed to the child; and (B) the educational necessity of the information. (c) Prohibition Regarding Absence of Consent.--In no event shall an educational institution consider a parent's lack of denial of the consent required by subsection (a), or lack of such consent, to be consent. (d) Immediate Health Issues.--Nothing in this section shall be construed to limit a school nurse or another school health official from responding to a child's immediate health issues. (e) Civil Action for Failure To Obtain Parental Consent.--Every person or educational institution who or that, under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, or the District of Columbia, violates this section, shall be liable to the party injured in a civil action in an appropriate district court of the United States. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (f) Notification.--Upon a finding by a court of appropriate jurisdiction that a person or educational institution has violated this section, the court shall immediately notify the appropriate local educational agency, the State educational agency, and the Department of Education. (g) Cut Off of Federal Funding.--Each educational institution found by a court to have violated this section shall be ineligible to receive Federal funds or Federal financial assistance until the educational institution reapplies for such funds or assistance not earlier than 1 year after the violation. (h) Penalties, Damages, and Fees.-- (1) Civil penalty.--Any person or educational institution that violates this section shall be subject to a civil fine of $5,000 for each violation. (2) Treble damages.--For each instance of a knowing violation of this section the fine shall be 3 times the fine described in paragraph (1). (3) Legal fees.--In any action brought under this section, the court may award a prevailing parent reasonable attorney's fees. SEC. 5. PROTECTION OF PUPIL RIGHTS. Section 445(b) of the General Education Provisions Act (20 U.S.C. 1232h(b)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``be required, as part of any applicable program, to''; and (B) by inserting ``relating to an applicable program'' after ``evaluation''; and (2) in the matter following paragraph (8)-- (A) by inserting ``the administrator of the survey, analysis, or evaluation obtaining'' before ``the prior consent''; and (B) by striking ``minor, without'' and inserting ``minor,''.

Parents' Rights Empowerment and Protection Act (PREP Act) - Requires each preschool and elementary and secondary school that receives federal funds to obtain the affirmative, informed, written consent of a child's parent before requesting information from, or conveying information to, such child on topics relating to sex or sexuality. Requires parents, upon their request, to be given an opportunity to review such information as well as a description of the context of, and need for, its request or conveyance. Subjects individuals and schools to civil liability and fines for violating these consent and disclosure requirements. Makes noncompliant schools ineligible for federal funds for one year following a violation. Amends the General Education Provisions Act to direct administrators of surveys, analyses, or evaluations that require students to reveal certain personal or familial information to obtain the prior consent of adult or emancipated students and prior written consent of minor students' parents.

A bill to require educational institutions that receive Federal funds to obtain the affirmative, informed, written consent of a parent before providing a student information regarding sex, to provide parents the opportunity to review such information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Access to Federal Buildings Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) non-discriminatory access to, and use of, the rooftops, risers, telephone cabinets, conduits, points of entry or demarcation for internal wiring, and all utility spaces in or on federal buildings and commercial property is essential to the competitive provision of telecommunications services and information services; (2) incumbent telecommunications carriers often enjoy access to such buildings and property through historic rights of way that were developed before the advent of new means of providing such services, in particular the provision of such services using terrestrial fixed wireless or satellite services that enter a building through equipment located on rooftops; (3) the National Telecommunications and Information Administration is the Federal agency tasked with developing policies for the efficient and competitive use of emerging technologies that combine spectrum use with the convergence of communications and computer technologies for the utilization of telecommunications services and information services by Federal agencies; (4) that several States, for example Connecticut and Texas, have already enacted measures to promote non-discriminatory access by telecommunications carriers to rooftops, risers, conduits, utility spaces, and points of entry and demarcation in order to promote the competitive provision of telecommunications services and information services; and (5) that the Federal Government should encourage States to develop similar policies by establishing as Federal policy requirements to promote non-discriminatory access to Federal buildings and commercial property used by agencies of the Federal Government so that taxpayers receive the benefits and cost savings from the competitive provision of telecommunications services and information services by telecommunications carriers. SEC. 3. ACCESS TO BUILDINGS FOR COMPETITIVE TELECOMMUNICATIONS SERVICES. The National Telecommunications and Information Administration Organization Act (Title I of Public Law 102-538; 47 U.S.C. 901 et seq.) is amended-- (1) in section 103(b)(2) (47 U.S.C. 902(b)(2)) by adding at the end the following new subparagraph: ``(U) The authority to implement policies for buildings and other structures owned or used by agencies of the Federal Government in order to provide for non-discriminatory access to such buildings and structures for the provision of telecommunications services or information services by telecommunications carriers, and to advise the Commission on the development of policies for non-discriminatory access by such carriers to commercial property in general for the provision of such services.''; and (2) in section 105 (47 U.S.C. 904) by adding at the end the following new subsection: ``(f) Prohibition on Discriminatory Access.-- ``(1) In general.--No Federal agency shall enter into a contract with the owner or operator of any commercial property for the rental or lease of all or some portion of such property unless the owner or operator permits non-discriminatory access to, and use of, the rooftops, risers, telephone cabinets, conduits, points of entry or demarcation for internal wiring, easements, rights of way, and all utility spaces in or on such commercial property, for the provision of telecommunications services or information services by any telecommunications carrier that has obtained, where required, a Federal or State certificate of public convenience and necessity for the provision of such services, and which seeks to provide or provides such services to tenants (including, but not limited to, the Federal agency for which such rental or lease is made) of such property. Such owner or operator may-- ``(A) charge a reasonable and non-discriminatory fee (which shall be based on the commercial rental value of the space actually used by the telecommunications carrier) for such access and use; ``(B) impose reasonable and non- discriminatory requirements necessary to protect the safety and condition of the property, and the safety and convenience of tenants and other persons (including hours when entry and work may be conducted on the property); ``(C) require the telecommunications carrier to indemnify the owner or operator for damage caused by the installation, maintenance, or removal of any facilities of such carrier; and ``(D) require the telecommunications carrier to bear the entire cost of installing, operating, maintaining, and removing any facilities of such carrier. ``(2) State law or contractual obligation required.--No Federal agency shall enter into a contract with the owner or operator of any commercial property for the rental or lease of all or some portion of such property unless the owner or operator submits to such agency a notarized statement that such owner or operator is obligated under State law, or is obligated or will undertake an obligation through a contractual commitment with each telecommunication carrier providing or seeking to provide service, to resolve any disputes between such telecommunication carriers and such owner or operator that may arise regarding access to the commercial property or the provision of competitive telecommunications services or information services to tenants of such property. To meet the requirements of this paragraph such State process or contractual commitment must-- ``(A) provide an effective means for resolution of disputes within 30 days (unless otherwise required by State law or agreed by the parties involved), either through arbitration or order of a State agency or through binding arbitration; ``(B) permit the telecommunications carrier to initiate service or continue service while any dispute is pending; ``(C) provide that any fee charged for access to, or use of, building space (including conduits, risers, and utility closets), easements or rights of way, or rooftops to provide telecommunications service or information service be reasonable and applied in a non- discriminatory manner to all providers of such service, including the incumbent local exchange carrier; and ``(D) provide that requirements with respect to the condition of the property are limited to those necessary to ensure that the value of the property is not diminished by the installation, maintenance, or removal of the facilities of the telecommunications carrier, and do not require the telecommunications carrier to improve the condition of the property in order to obtain access or use. ``(3) Effective date.--Paragraphs (1) and (2) shall take effect six months after the date of enactment of this subsection for all lease or rental agreements entered into or renewed by any Federal agency after such date. ``(4) Waiver permitted.--The requirements of paragraphs (1) or (2) may be waived on a case by case basis-- ``(A) by the head of the agency seeking space in a commercial property upon a determination, which shall be made in writing and be available to the public upon request, that such requirements would result in the affected agency being unable, in that particular case, to obtain any space suitable for the needs of that agency in that general geographic area; or ``(B) by the President upon a finding that waiver of such requirements is necessary to obtain space for the affected agency in that particular case, and that enforcement of such requirements in that particular case would be contrary to the interests of national security. Any determination under subparagraph (A) may be appealed by any affected telecommunications carrier to the Assistant Secretary, who shall review the agency determination and issue a decision upholding or revoking the agency determination within 30 days of an appeal being filed. The burden shall be on the agency head to demonstrate through the written determination that all reasonable efforts had been made to find suitable alternative space for the agency's needs before the waiver determination was made. The Assistant Secretary shall revoke any agency determination made without all reasonable efforts being made. The decision of the Assistant Secretary shall be binding on the agency whose waiver determination was appealed. ``(5) Limitations.-- ``(A) Nothing in this subsection shall waive or modify any requirements or restrictions imposed by any Federal, State, or local agency with authority under other law to impose such restrictions or requirements on the provision of telecommunications services or the facilities used to provide such services. ``(B) Refusal by an owner to provide access to a telecommunications carrier seeking to provide telecommunications services or information services to a commercial property due to a demonstrated lack of available space at a commercial property on a rooftop or in a riser, telephone cabinet, conduit, point of entry or demarcation for internal wiring, or utility space due to existing occupation of such space by two or more telecommunications carriers providing service to that commercial property shall not be a violation of paragraphs (1)(B) or (2)(D) if the owner has made reasonable efforts to permit access by such telecommunications carrier to any space that is available. ``(6) Definitions.--For the purposes of this subsection the term-- ``(A) `Federal agency' shall mean any executive agency or any establishment in the legislative or judicial branch of the Government; ``(B) `commercial property' shall include any buildings or other structures offered, in whole or in part, for rent or lease to any Federal agency; ``(C) `incumbent local exchange carrier' shall have the same meaning given such term in section 251(h) of the Communications Act of 1934 (47 U.S.C. 251(h)); and ``(D) `information service', `telecommunications carrier', and `telecommunications service' shall have the same meaning given such terms, respectively, in section 3 of the Communications Act of 1934 (47 U.S.C. 153).''. SEC. 4. APPLICATION TO PUBLIC BUILDINGS. (a) Rules Required to Apply Requirements.-- (1) In general.--Within six months after the date of enactment of this Act the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Telecommunications and Information, shall promulgate final rules, after notice and opportunity for public comment, to apply the requirements of section 105(f) of the National Telecommunications and Information Administration Organization Act, as added by this Act, to all buildings and other structures owned or operated by any Federal agency. (2) Exemptions.--In promulgating such rules the Assistant Secretary may, at the direction of the President, exempt any buildings or structures owned or operated by a Federal agency if the application of such requirements would be contrary to the interests of national security. (3) Coordination.--The Assistant Secretary shall coordinate the promulgation of the rules required by this section with the Administrator of the General Services Administration and the heads of any establishments in the legislative and judicial branches of government which are responsible for buildings and other structures owned or operated by such establishments. (4) Safety and security.--Such rules may include any requirements for identification, background checks, or other matters necessary to ensure access by telecommunications carriers under this section does not compromise the safety and security of agency operations in government owned or operated buildings or structures. (b) Definition.--For the purposes of this section, the term ``Federal agency'' shall have the same meaning given such term in section 105(f)(6) of the National Telecommunications and Information Administration Organization Act, as added by this Act.

Competitive Access to Federal Buildings Act - Amends the National Telecommunications and Information Administration Organization Act to authorize the National Telecommunications and Information Administration to: (1) implement policies for federally-owned buildings and structures for providing non-discriminatory access to such buildings and structures for the provision of telecommunications or information services by telecommunications carriers; and (2) advise the Federal Communications Commission on the development of such policies for commercial property. Prohibits a Federal agency from entering into a contract to rent or lease commercial property unless the property owner or operator permits such non-discriminatory access for a carrier that has obtained, where required, a Federal or State certificate of public convenience and necessity for the provision of such services and that seeks to provide such services to tenants. Allows such owner or operator to: (1) charge a reasonable fee for such access; and (2) impose other reasonable, non-discriminatory requirements in connection with such access. Prohibits a Federal agency from entering into a contract with an owner or operator unless such owner or operator agrees to resolve disputes regarding such access. Authorizes the waiver of this Act's prohibitions on a case-by-case basis: (1) by a Federal agency head when such agency would be unable to obtain any suitable space in that area; and (2) by the President for national security reasons. Directs the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Telecommunications and Information, to promulgate final rules to apply the requirements of this Act to all Federal buildings and structures.

Competitive Access to Federal Buildings Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Skills Incentive Fund Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Students must be prepared in the core subjects of English, reading, mathematics, science, foreign languages, civics, government, economics, art, history, and geography. (2) In order for our Nation's students to be prepared to succeed in our communities and workplaces, students need 21st century content, beyond the traditional core subjects, that includes global awareness, financial, economic, business and entrepreneurial literacy, civic literacy, and health and wellness awareness. (3) Students need to go beyond just learning today's academic context to develop critical thinking and problem solving skills, communication skills, creativity and innovation skills, collaboration skills, contextual learning skills, and information and media literacy skills. (4) Information and communications technology literacy is the ability to use technology to develop 21st century content knowledge and skills, in the content of learning core subjects, and students must be able to use technology to learn content and skills so that the students know how to learn, think critically, solve problems, use information, communicate, innovate, and collaborate. (5) Educators need to incorporate life skills into pedagogy, including leadership, ethics, accountability, adaptability, personal productivity, personal responsibility, people skills, self-direction, and social responsibility. (6) There needs to be 21st century assessments of education that measure the following priorities: (A) Core subjects, and 21st century themes. (B) Life and career skills. (C) Thinking and innovation skills. (D) Information media and technology skills. SEC. 3. DEFINITIONS. In this Act: (1) Eligible state.--The term ``eligible State'' means a State that-- (A) develops a comprehensive plan for implementing a statewide 21st Century Skills initiative; (B) demonstrates a commitment to advancing 21st Century Skills within-- (i) standards and assessments; (ii) curriculum; (iii) professional development; and (iv) the learning environment; (C) achieves broad support for a statewide 21st Century Skills initiative from among the State's education leaders (including classroom practitioners), business leaders, and civic leaders; and (D) is approved as a 21st Century Partner State by the nonprofit, nonpartisan Partnership for 21st Century Skills. (2) Fund.--The term ``Fund'' means the 21st Century Skills Incentive Fund established under section 6(a). SEC. 4. GRANTS AUTHORIZED. (a) In General.--The Secretary is authorized to award grants, from amounts available in the Fund, to eligible States having applications approved under section 5 to enable the eligible States to pay the Federal share of the cost of establishing a statewide 21st Century Skills initiative. (b) Award Rule.--The Secretary shall award grants under this Act on a first-come, first-served basis, so that the grants are awarded-- (1) to eligible States in the order the Secretary receives approvable applications; and (2) in an amount determined on the basis of the amount of the non-Federal share identified, and supported by the information contained, in an approvable application. (c) Federal Share; Non-Federal Share.-- (1) Federal share.--The Federal share shall be 50 percent. (2) Non-federal share.--The non-Federal share shall be provided from State sources or from foundation sources. (d) Duration.--The Secretary shall award each grant under this Act for not less than 1 and not more than 3 years. (e) Maintenance of Effort.--The Secretary shall reduce the grant payable to an eligible State under this Act for a fiscal year by the amount, if any, by which the eligible State's expenditures for the activities assisted under the grant for the preceding fiscal year are less than such expenditures for the second fiscal year preceding the fiscal year for which the determination is made. (f) Supplement Not Supplant.--Grant funds provided under this Act shall be used to supplement and not supplant other State funds expended for activities assisted under this Act. SEC. 5. APPLICATION. Each eligible State that desires a grant under this Act shall submit an application to the Secretary that-- (1) describes the 21st Century Skills initiative for which assistance is sought; (2) includes evidence that the eligible State has met each of the eligibility criteria described in subparagraphs (A) through (D) of section 3(1); (3) includes a description of how the eligible State will provide the non-Federal share of the grant funds; and (4) includes a description of how the eligible State will continue to provide the non-Federal share throughout the duration of the grant and the successful statewide implementation of the 21st Century Skills initiative. SEC. 6. 21ST CENTURY SKILLS INCENTIVE FUND. (a) Fund Established.--The Secretary shall establish a 21st Century Skills Incentive Fund. (b) Deposits.--The Secretary shall deposit into the Fund all amounts appropriated under section 8. (c) Expenditures.--The Secretary shall use amounts in the Fund to award grants to eligible States in accordance with this Act. SEC. 7. ADMINISTRATIVE PROVISIONS. (a) In General.--The Secretary shall administer all aspects of the program assisted under this Act, including determining State eligibility, making grant awards, determining award amounts and duration, and conducting program evaluations. (b) Evaluation.--Each eligible State receiving a grant under this Act-- (1) shall conduct an evaluation of the 21st Century Skills initiative assisted under this Act; (2) shall use the non-Federal share described in section 5(3) to pay the costs of the evaluation; and (3) shall submit a copy of the evaluation to the Secretary. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act (other than section 7(b))-- (1) $100,000,000 for fiscal year 2007; (2) $100,000,000 for fiscal year 2008; and (3) such sums as may be necessary for each of the fiscal years 2009, 2010, and 2011. SEC. 9. SEPARATE PERCENTAGE LIMITATION FOR CORPORATE CHARITABLE CONTRIBUTIONS TO 21ST CENTURY SKILLS INITIATIVES OF ELIGIBLE STATES. (a) In General.--Section 170(b) of the Internal Revenue Code of 1986 (related to percentage limitations) is amended by adding at the end the following new paragraph: ``(3) Special rule for corporate contributions to 21st century skills initiatives of eligible states.-- ``(A) In general.--In the case of a corporation which makes a 21st Century Skills initiative contribution, the limitation under paragraph (2) shall apply separately with respect to all such contributions and all other charitable contributions. ``(B) 21st century skills initiative contribution.--For purposes of this paragraph, the term `21st Century Skills initiative contribution' means a charitable contribution in cash to an eligible State (as defined in section 3(1) of the 21st Century Skills Incentive Fund Act) which has a grant application approved under section 5 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act.

21st Century Skills Incentive Fund Act - Authorizes the Secretary of Education to award matching grants to states to establish statewide 21st Century Skills initiatives. Conditions grant eligibility on a state's: (1) developing a comprehensive plan for such initiative; (2) showing a commitment to advancing such skills within standards and assessments, curriculum, professional development, and the learning environment; (3) achieving broad support for the initiative among state education, business, and civic leaders; and (4) being approved as a 21st Century Partner state by the nonprofit, nonpartisan Partnership for 21st Century Skills. Directs the Secretary to establish a 21st Century Skills Incentive Fund from which grants shall be awarded. Amends the Internal Revenue Code to require that the percentage limitation on corporate charitable contributions be applied separately to cash contributions to state 21st Century Skills initiatives and all other corporate charitable contributions.

A bill to create a new incentive fund that will encourage States to adopt the 21st Century Skills Framework.

SECTION 1. PROFESSIONAL DEVELOPMENT FOR ELEMENTARY SCHOOL PRINCIPALS IN EARLY CHILDHOOD EDUCATION AND DEVELOPMENT. (a) In General.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``Subpart 6--Professional Development for Elementary School Principals in Early Childhood Education and Development ``SEC. 2161. PURPOSE. ``The purpose of this subpart is to improve the knowledge of elementary school principals in areas related to early childhood education and development in order to-- ``(1) create high quality early learning environments; ``(2) provide a continuum of learning through the third grade with developmentally effective and appropriate curricula and teaching practices; ``(3) establish partnerships and collaboration with community-based early childhood education providers and families to better support-- ``(A) learning at each stage; ``(B) effective transition among settings; and ``(C) continuous family engagement; and ``(4) support school readiness by providing high quality professional development for elementary school principals. ``SEC. 2162. DEFINITION OF PRINCIPAL COMPETENCIES IN EARLY CHILDHOOD EDUCATION AND DEVELOPMENT. ``(a) In General.--In this subpart, the term `principal competencies in early childhood education and development' means the skills that-- ``(1) elementary school principals must know and be able to do; and ``(2) are acquired through high quality professional development in early childhood education and developmentally appropriate practice. ``(b) Inclusions.--The principal competencies in early childhood education and development include-- ``(1) supporting an expanded continuum of learning through the third grade to ensure an effective transition from early learning or home settings to the primary school years; ``(2) engaging the school community to partner with early learning programs, and working with families to set a shared vision for understanding early childhood development; ``(3) supporting teachers through strong instructional leadership; and ``(4) providing safe and supportive early learning environments that focus on the needs of the whole child, including the intellectual, social, emotional, physical, and nutritional well-being of children; and ``(5) utilizing multiple measures of developmentally appropriate assessment and acquiring the ability to manage and use data effectively to make instructional decisions. ``SEC. 2163. GRANT PROGRAM AUTHORIZED. ``(a) Grants to Partnerships.-- ``(1) In general.--The Secretary is authorized to award grants, on a competitive basis, to partnerships described in paragraph (2) to enable the partnerships to carry out the authorized activities described in subsection (b). ``(2) Partnerships.--A partnership referred to in paragraph (1) shall consist of-- ``(A) a public or private entity with a demonstrated capacity to provide professional development for elementary school principals; ``(B) one or more public agencies, including-- ``(i) a local educational agency; ``(ii) a State educational agency; ``(iii) a State human services agency; ``(iv) a State lead agency administering a program under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); ``(v) a public agency administering a State funded prekindergarten program; or ``(vi) a Head Start agency, including an Early Head Start agency; and ``(C) one or more early childhood education organizations that provide professional development to early childhood education providers. ``(3) Duration.--The Secretary shall award a grant under this subpart for a period of not less than 3 years. ``(4) Renewal.--The Secretary may renew a grant under this subpart if the Secretary determines, on the basis of the evaluations submitted under subsection (e)(1)(B), that the programs and activities carried out under the grant have been effective. ``(b) Authorized Activities.-- ``(1) Required uses.--Each partnership receiving a grant under this subpart shall use the grant funds-- ``(A) to carry out high quality professional development to help elementary school principals acquire principal competencies in early childhood education and development in order to support increased school readiness for students; ``(B) to gain a knowledge base and capacity to provide high quality early childhood education; and ``(C) to work collaboratively with early childhood education providers, services providers, and families in creating a continuum of high quality development and learning for children in the community and school settings. ``(2) Allowable activities.--The activities described in paragraph (1) may include providing professional development programs for elementary school principals, including mentoring programs and other means of professional learning, in-- ``(A) early childhood education and development in all domains (including language arts and literacy, mathematics, emotional development, social development, approaches to learning, physical development, science, and creative arts), and the continuity of standards and high quality curriculum and teaching practices from prekindergarten through the third grade, with emphasis on meeting the needs of children with disabilities and English language learners; ``(B) safe and supportive early learning environments that focus on the social, emotional, and cognitive needs of children; ``(C) collaborating with early childhood education providers and other community based organizations to provide multiple educational and social service programs to meet the needs of children in prekindergarten through the third grade related to learning and development; and ``(D) providing ongoing transition services for children through active family engagement. ``(c) Priority.--In awarding grants under this subpart the Secretary shall give priority to supporting professional development programs that target opportunities for elementary school principals-- ``(1) to participate in high quality induction and mentoring programs for principals during the principals' first 5 years of employment as a principal; ``(2) to better understand ways to enhance family engagement and transition strategies, improve transition services, and work more collaboratively with community-based early childhood education providers; ``(3) to create a continuum of high quality teaching and learning for children in prekindergarten through the third grade; and ``(4) to participate in ongoing professional development, which may include mentoring programs for veteran principals in the education field. ``(d) Applications.-- ``(1) In general.--Each partnership desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents required.--Each application submitted to the Secretary under paragraph (1) shall include-- ``(A) a description of the professional development for elementary school principals that will be provided under the grant, including how the principals will access professional development; ``(B) a description of the professional development described in subparagraph (A) that will be provided in rural areas if applicable; ``(C) how the professional development will address-- ``(i) child development and learning and the relationship of such development and learning to providing-- ``(I) safe, supportive, and engaging learning environments; and ``(II) support for instructional and educational staff in using developmentally appropriate curricula, assessments, and other practices; ``(ii) outreach and engagement of families in their child's learning; ``(iii) opportunities to collaborate with community based organizations on continuity of standards, curricula, family education, and transition services from community based settings to schools and from year to year; ``(iv) collaborative planning to support developmentally appropriate interactions between teachers, children, and the families of children; and ``(v) sustainability of the ongoing professional development upon completion of the grant term. ``(e) Evaluation and Dissemination.-- ``(1) Evaluation.-- ``(A) In general.--Each partnership that receives a grant under this subpart shall conduct an ongoing evaluation to-- ``(i) assess the effectiveness of the programs and activities carried out under the grant; ``(ii) assess whether professional development programs for elementary school principals in early childhood education may lead to improved school performance; and ``(iii) determine how effective professional development programs and activities can be replicated. ``(B) Submission.--The results of the evaluation described in subparagraph (A) shall be submitted to the Secretary annually. ``(2) Dissemination.--Using funds made available under this subpart, the Secretary shall establish a panel of leading experts in elementary and early childhood education, including researchers, elementary school principals, and classroom practitioners, to-- ``(A) identify best practices in professional development for elementary school principals in early childhood education, and review effective coordination of professional development among the partnerships receiving grants under this subpart; and ``(B) disseminate to the public the latest research and findings in professional development for elementary school principals in early childhood education, including through reports and technical assistance. ``(f) Inapplicability.--The provisions of subparts 1 through 5 shall not apply to this subpart. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subpart for fiscal year 2011 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 2151 the following: ``subpart 6--professional development for elementary school principals in early childhood education and development ``Sec. 2161. Purpose. ``Sec. 2162. Definition of principal competencies in early childhood education and development. ``Sec. 2163. Grant program authorized.''.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive grants to partnerships to: (1) provide high quality professional development to elementary school principals in early childhood education and development; (2) gain a knowledge base and capacity to provide high quality early childhood education; and (3) collaborate with early childhood education providers, services providers, and families in creating a continuum of high quality development and learning for children in the community and school settings. Requires each partnership to consist of: (1) a public or private entity experienced in training elementary school principals; (2) at least one public agency; and (3) at least one early childhood education organization that trains early childhood education providers. Requires grantees to conduct an ongoing evaluation of the effectiveness of their grant-funded programs and activities. Directs the Secretary to establish a panel of leading experts in elementary and early childhood education to: (1) identify the best practices in professional development for elementary school principals in early childhood education; (2) review the effective coordination of such training among this Act's grantees; and (3) disseminate the latest research and findings regarding such training.

A bill to provide professional development for elementary school principals in early childhood education and development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission for Our Veterans' Care Act''. SEC. 2. COMMISSION ON ACCESS TO CARE. (a) Establishment of Commission.-- (1) In general.--There is established the Commission on Access to Care (in this section referred to as the ``Commission''). (2) Membership.-- (A) Voting members.--The Commission shall be composed of voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (ii) At least one member from among persons who are experts concerning a public or private hospital system. (iii) At least one member from among persons who are leading experts in the private insurance industry. (iv) At least two members from among persons who are familiar with the Veterans Health Administration of the Department of Veterans Affairs. (B) Nonvoting members.--In addition to members appointed under subparagraph (A), the Commission shall be composed of nonvoting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (ii) At least one member from among persons who are experts in a public or private hospital system. (iii) At least one member from among persons who are leading experts in the private insurance industry. (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (C) Date.--The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed.--The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) 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. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission 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. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the Commission.--The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding.--The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.

Commission for Our Veterans' Care Act - Establishes the Commission on Access to Care to undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs (VA). Includes among the matters to be evaluated and assessed by the Commission: the appropriateness of the VA's current standards concerning access to health care, the measurement of such standards, the appropriateness of performance standards and incentives in relation to the VA's current standards for access to health care, staffing levels throughout the Veterans Health Administration (VHA) and whether they are sufficient to meet current demand. Directs the President to require the VA Secretary and the heads of other relevant federal agencies to implement each recommendation that the President considers feasible and advisable and determines can be implemented without further legislative action.

Commission for Our Veterans' Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Medicare Fraud Act of 2014''. SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL HEALTH PROGRAMS EXPANDED TO CERTAIN INDIVIDUALS WITH PRIOR INTEREST IN SANCTIONED ENTITIES AND ENTITIES AFFILIATED WITH SANCTIONED ENTITIES. Paragraph (15) of section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended to read as follows: ``(15) Individuals and entities affiliated with a sanctioned entity.--(A) Any of the following: ``(i) Any individual who-- ``(I) is a person with an ownership or control interest in a sanctioned entity or an affiliated entity of such sanctioned entity (or was a person with such an ownership or control interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); and ``(II) knows or should have known (as defined in section 1128A(i)(7)) (or knew or should have known) of such conduct. ``(ii) Any individual who is an officer or managing employee (as defined in section 1126(b)) of a sanctioned entity or affiliated entity of such sanctioned entity (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). ``(iii) Any affiliated entity of a sanctioned entity. ``(B) For purposes of this paragraph, the term `sanctioned entity' means an entity-- ``(i) that has been convicted of any offense described in subsection (a) of this section or in paragraph (1), (2), or (3) of this subsection; or ``(ii) that has been excluded from participation under a program under title XVIII or under a State health care program. ``(C) For purposes of subparagraph (A), the term `affiliated entity' means, with respect to a sanctioned entity, an entity that is (or was at the time of any of the conduct that formed the basis for the conviction or exclusion described in subparagraph (B)) affiliated with such sanctioned entity, and includes an entity-- ``(i) that is a person with an ownership or control interest in such sanctioned entity (or was such a person with respect to such sanctioned entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(ii) with respect to which a sanctioned entity is a person with an ownership or control interest in such entity (or was such a person with respect to such entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(iii) with respect to which a person with an ownership or control interest in such entity also has such an interest in such sanctioned entity; ``(iv) with respect to which a person who is an officer or managing employee (as defined in section 1126(b)) of such entity also is such an officer or managing employee of such sanctioned entity. ``(D) For purposes of this paragraph, the term `person with an ownership or control interest' has the meaning given such term in section 1124(a)(3).''. SEC. 3. CRIMINAL PENALTY FOR ILLEGAL DISTRIBUTION OF MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR PROVIDER NUMBERS. Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by adding at the end the following: ``(4) Whoever knowingly and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of two or more Medicare, Medicaid, or Children's Health Insurance Program beneficiary identification numbers or provider numbers under title XVIII, XIX, or XXI shall be imprisoned for not more than 15 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. SEC. 4. REPORTS ON INCIDENCES OF FRAUD AND ABUSE UNDER MEDICARE PARTS C AND D. (a) In General.--Section 1857(d) of the Social Security Act (42 U.S.C. 1395w-27(d)) is amended by adding at the end the following new paragraph: ``(7) Report on incidences of fraud and abuse.-- ``(A) In general.--A contract under this section with an MA organization offering an MA plan shall provide that such MA organization report to the Secretary (or to any person or organization designated by the Secretary for such purpose) any instances of probable fraud or abuse related to the payment or delivery of health benefits under such contract not later than 60 days after such organization identifies such instance. ``(B) Guidance.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services and the Attorney General, shall issue to MA organizations (and PDP sponsors) guidance for defining the terms `fraud' and `abuse' for purposes of subparagraph (A).''. (b) Conforming Amendment to Part D.--Section 1860D-12(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-112(b)(3)(C)) is amended by inserting before the period at the end the following: ``, except in applying paragraph (7) of such section any reference to an MA organization, with respect to an MA plan, shall be deemed a reference to a PDP sponsor or MA organization, with respect to a prescription drug plan or MA-PD plan''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to plan years beginning on or after the date of the enactment of this Act.

Fighting Medicare Fraud Act of 2014 - Amends title XI of the Social Security Act (SSA) with respect to the authority of the Secretary of Health and Human Services (HHS) to exclude from federal health programs certain individuals, including officers or managing employees, with an ownership or control interest in entities sanctioned for a criminal conviction relating to fraud, obstruction of an investigation or audit, or a misdemeanor related to a controlled substance. Extends the permissive exclusion from federal health programs to persons, including officers or managing employees, with an ownership or control interest in entities affiliated with a sanctioned entity. Includes individuals with such connections at the time of the conduct that formed a basis for the conviction or exclusion of the sanctioned entity or the affiliated entity. Establishes criminal penalties for anyone who knowingly and with intent to defraud purchases, sells, or distributes, or arranges for the purchase, sale, or distribution of two or more beneficiary identification or provider numbers under SSA titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance Program [CHIP]). Amends SSA title XVIII part C (Medicare+Choice) to require a contract with a Medicare Advantage (MA) organization offering an MA plan to require that the MA organization report to the Secretary any instances of probable fraud or abuse related to the payment or delivery of health benefits within 60 days after the organization identifies that instance.

Fighting Medicare Fraud Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reporting on Influence and Subversion by the Kremlin Act'' or ``RISK Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1986, an interagency working group issued a report assessing ``active measures'' by the former Soviet Union against the United States. (2) The working group concluded that ``there is a massive and highly organized effort by the Soviet Union and its proxies to influence world opinion''. (3) The working group further observed that ``this effort includes public diplomacy to enhance the Soviet image abroad and . . . also includes a persistent, widespread program of disinformation and deception designed to discredit the U.S. image abroad and disrupt U.S. policy objectives.''. (4) Active measures by the Russian Federation have shown no diminution since the last report issued by the working group in 1987, including-- (A) to influence world opinion; (B) to undercut democratic processes and institutions in the United States and partner nations; (C) to challenge the international liberal order; and (D) to establish an unfettered sphere of influence. (5) The Director of National Intelligence concluded in light of the Russian Federation's hacking of the 2016 presidential election that ``Russian efforts to influence the 2016 U.S. presidential election represent the most recent expression of Moscow's longstanding desire to undermine the U.S.-led liberal democratic order.''. (6) The Russian Federation is deploying an array of military, cyber, intelligence, and economic tactics to weaken United States democratic institutions, divide Europe from the United States, divide Europe from within, undermine organizations such as the North Atlantic Treaty Organization and the European Union, and coerce partners to cooperate with Russia. (7) Militarily, Russian President Vladimir Putin ordered the forcible and illegal occupation of Crimea in March 2014 and the invasion of Georgia in 2008. (8) The Russian military, in which President Putin has invested heavily, continues to engage in acts of aggression and intimidation against United States allies across Europe. (9) The Russian Federation's subversive activities undermine trust in democratic systems, giving rise to political instability. SEC. 3. ASSESSMENT OF SUBVERSIVE ACTIVITIES BY THE RUSSIAN FEDERATION. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report setting forth an assessment, obtained by the Secretary for purposes of the report, of subversive activities by the Russian Federation. (b) Independent Assessment.-- (1) In general.--The assessment obtained for purposes of subsection (a) shall be conducted by a federally funded research and development center (FFRDC), or another appropriate independent entity with expertise in diplomatic and military developments in Europe and the Russian Federation, selected by the Secretary for purposes of the assessment. (2) Use of previous studies.--The entity conducting the assessment may use and incorporate information from previous studies on matters appropriate to the assessment. (c) Elements.--The assessment obtained for purposes of subsection (a) shall include the following: (1) An assessment of disinformation and propaganda activities of the Russian Federation, including an assessment of-- (A) support for disinformation and propaganda activities with respect to the United States and foreign countries; (B) the overall structure of the Russian Government's disinformation and influence apparatus, including its intelligence agencies and propaganda outlets such as Russia Today; and (C) propaganda techniques, including forgery, use of media representatives and proxies, use of front organizations, and efforts to influence international organizations. (2) An assessment of support by the Russian Federation for separatist activities and other aggressive actions aimed at undermining the sovereignty of foreign countries, particularly in Ukraine and the Baltic countries. (3) An assessment of cyber intrusions by the Russian Federation to influence the infrastructure and democratic processes in the United States and other countries. (4) An assessment of-- (A) the use of energy exports by the Russian Federation for purposes of political or economic coercion; and (B) significant investment in energy infrastructure, including pipelines, by the Government of Russia or Russian-controlled entities. (5) An assessment of the deterioration of democratic conditions in the Russian Federation, including-- (A) suppression of freedom of the press; (B) detention, beating, and murder of political activists and opposition leaders; (C) suppression of minority rights; (D) suppression of human rights; and (E) efforts to undermine the Russian nongovernmental organizations and Russian civil society. (d) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 4. COUNTERING RUSSIAN INFLUENCE FUND. (a) Establishment.--The President is authorized to establish in the Department of the Treasury a fund to be known as the Countering Russian Influence Fund (in this section referred to as the ``Fund''). (b) Amounts in Fund.--The Fund shall consist of the following: (1) Amounts appropriated to carry out section 7070(d) of division C of the Consolidated Appropriations Act, 2017 (Public Law 115-31). (2) Amounts otherwise available to the Secretary of State to carry out this section. (c) Purposes of Fund.--Amounts in the Fund for any fiscal year are authorized to be made available to the Secretary of State for bilateral assistance for countries in Europe, Eurasia, and Central Asia, to counter the following activities in such countries carried out by the Russian Federation: (1) Support for disinformation and propaganda. (2) Interference in foreign elections. (3) Efforts to undermine financial transparency and governance. (d) Civil Society and Other Organizations.--Amounts in the Fund for any fiscal year may be made available to carry out the purposes of the Fund under subsection (c) through civil society and other organizations that seek to mitigate the expansion of Russian influence and aggression, including through public awareness campaigns and exchange activities. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the President not less than $100,000,000 to carry out this section. (2) Relation to certain other amounts.--Such funds are in addition to any other amounts made available for bilateral assistance for countries in Europe, Eurasia, and Central Asia. (3) Rule of construction.--This section shall be considered to be an authorization of appropriations for purposes of section 7070(d) of division C of the Consolidated Appropriations Act, 2017 (Public Law 115-31). (f) Report.--The Secretary of State shall submit to Congress a report for each fiscal year for which activities are undertaken pursuant to this section.

Reporting on Influence and Subversion by the Kremlin Act or the RISK Act This bill directs the Department of State to submit to Congress an assessment of subversive activities by the Russian Federation. The assessment shall be conducted by a federally funded research and development center or another appropriate independent entity with expertise in diplomatic and military developments in Europe and the Russian Federation. Such entity may use and incorporate information from previous studies and shall include assessments of: disinformation and propaganda activities of the Russian Federation; support by the Russian Federation for separatist activities and other aggressive actions aimed at undermining the sovereignty of foreign countries, particularly in Ukraine and the Baltic countries; cyber intrusions by the Russian Federation to influence the infrastructure and democratic processes in the United States and other countries; the use of energy exports by the Russian Federation for purposes of political or economic coercion and significant investment in energy infrastructure by the Russian government or Russian-controlled entities; and the deterioration of democratic conditions in the Russian Federation. The President is authorized to establish in the Department of the Treasury the Countering Russian Influence Fund to be used by the State Department for bilateral assistance to counter activities carried out in countries in Europe, Eurasia, and Central Asia by the Russian Federation to support disinformation and propaganda, interfere in foreign elections, and undermine financial transparency and governance. Amounts in the fund may be made available to carry out its purposes through civil society and other organizations that seek to mitigate the expansion of Russian influence and aggression, including through public awareness campaigns and exchange activities.

Reporting on Influence and Subversion by the Kremlin Act

SECTION 1. FINDINGS. Congress finds the following: (1) The United States has been involved militarily, and with nation building and reconstruction, in the Islamic Republic of Afghanistan since 2001. (2) The United States military engagement in Afghanistan began in 2001 under a congressional authorization for the use of military force against ``those nations, organizations, or persons [the President] determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.''. (3) On October 2, 2011, United States Navy Seals killed Osama Bin Laden, the head of Al-Qaeda, the terrorist organization responsible for the September 11, 2001, attacks on the United States. (4) Since 2001, the United States military and its coalition partners have killed or captured tens of thousands of Al Qaeda, Taliban, and other insurgents in Afghanistan. (5) In 2014, the United States announced the end of 13 years of combat operations in Afghanistan. (6) The war in Afghanistan is the longest war in American history. (7) According to the Department of Defense, since 2001, 2,216 United States service members have been killed in Afghanistan, and over 20,049 service members have been wounded. (8) Since 2001, 150 coalition personnel, including United States service members, have been killed by the Afghan security forces personnel that American taxpayers are paying to train. Another 189 service members have been wounded. (9) Over the past 15 years, nearly $800 billion of United States taxpayers' money has been spent on Afghanistan. (10) The Special Inspector General for Afghanistan Reconstruction (SIGAR), John Sopko, has documented billions of dollars of waste, fraud, and abuse of American taxpayers hard- earned money in Afghanistan, which continues to this day. For example: (A) According to a 2016 USA Today article entitled ``Report cites wasted Pentagon money in Afghanistan'', among the more egregious examples of boondoggles Sopko cited included ``importing rare blond Italian goats to boost the cashmere industry''. The $6 million program included shipping nine male goats to western Afghanistan from Italy, setting up a farm, lab, and staff to certify their wool. (B) An ongoing SIGAR investigation found that American taxpayers are paying as many as 200,000 fictitious Afghan ``ghost'' soldiers, potentially costing hundreds of millions of dollars annually. (11) On May 1, 2012, Afghan President Hamid Karzai and United States President Barack Obama signed the ``Enduring Strategic Partnership Agreement between the Islamic Republic of Afghanistan and the United States of America'', which committed the United States to supporting the social and economic development, and security, of Afghanistan for at least 10 years. The agreement was submitted to the Afghan Parliament, which approved it. However, the agreement was never submitted to, voted on, or approved by the Congress of the United States. (12) The United States continues to maintain a military presence of 8,400 troops in Afghanistan, and continues to annually spend roughly $43 billion of American taxpayers' money there. That money funds, among other things, America's 15-year- long effort to train and equip Afghan military and police forces, as well as a variety of reconstruction and foreign aid programs. (13) General Charles Krulak, 31st Commandant of the United States Marine Corps, has stated, ``Attempting to find a true military and political answer to the problems in Afghanistan would take decades, not years, and drain our nation of precious resources . . . with the most precious being our sons and daughters. Simply put, the U.S. cannot solve the Afghan problem . . . no matter how brave and determined our troops are.''. (14) In a January 2017 article in the Wall Street Journal, Hamid Karzai, former President of the Islamic Republic of Afghanistan from 2004 to 2014, stated, ``The fact is that the U.S. presence in Afghanistan has not brought security to us. It has caused more extremism.''. (15) There has never been a full debate in Congress on whether to continue the United States engagement in Afghanistan. SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR ACTIVITIES IN AFGHANISTAN. (a) In General.--No funds may be made available for activities in Afghanistan after the date that is one year after the date of the enactment of this Act. (b) Exceptions.--The prohibition in subsection (a) shall not apply with respect to-- (1) operations of the United States Embassy in Afghanistan; or (2) intelligence gathering activities. (c) Waiver.--The prohibition in subsection (a) may be waived on a case-by-case basis if-- (1) the President submits to Congress a certification that the availability of funds for the activities described in subsection (a) is in the national interests of the United States; and (2) Congress, within 30 days after receipt of a certification under paragraph (1), enacts a joint resolution authorizing the availability of funds for the activities described in subsection (a). (d) Expedited Procedures.--A joint resolution described in subsection (c)(2) and introduced within the appropriate 30-day period shall be considered in the Senate and House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473; 98 Stat. 1935), except that in applying and administering such paragraphs-- (1) references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively; and (2) paragraph (5)(B) of such section 8066(c) shall be applied and administered by substituting ``not less than eight hours but not more than ten hours'' for ``not more than ten hours''.

This bill prohibits making funds available for activities in Afghanistan after one year following enactment of this bill. Such prohibition shall not apply to: (1) operations of the U.S. Embassy in Afghanistan, or (2) intelligence gathering activities. Such prohibition may be waived on a case-by-case basis if: (1) the President submits to Congress a certification that the availability of funds for such activities is in U.S. national interests; and (2) Congress, within 30 days after receipt of such certification, enacts a joint resolution authorizing the availability of funds for such activities.

To prohibit the availability of funds for activities in the Islamic Republic of Afghanistan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Kids' Interest in Learning and Libraries Act'' or the ``SKILLS Act''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). TITLE I--IMPROVING EDUCATION THROUGH SCHOOL LIBRARIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 1002(b)(4) (20 U.S.C. 6302(b)(4)) is amended to read as follows: ``(4) Improving literacy through school libraries.--For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and for each of the 5 succeeding fiscal years.''. SEC. 102. STATE PLANS. Section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``or include'' after ``describe''; (2) in subparagraph (D), by striking ``and'' after the semicolon; (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following: ``(E) an assurance that the State educational agency will assist local educational agencies in developing effective school library programs to provide students an opportunity to develop digital literacy skills and the knowledge and skills described in the challenging academic content standards adopted by the State; and''. SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS. Section 1112(c)(1) (20 U.S.C. 6312(c)(1)) is amended-- (1) in subparagraph (N), by striking ``and'' after the semicolon; (2) in subparagraph (O), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(P) assist each school served by the agency and assisted under this part in developing effective school library programs consistent with section 1111(b)(8)(E).''. SEC. 104. SCHOOLWIDE PROGRAMS. Section 1114(b)(1)(D) (20 U.S.C. 6314(b)(1)(D)) is amended by inserting ``school librarians,'' after ``teachers,''. SEC. 105. TARGETED ASSISTANCE PROGRAMS. Section 1115(c)(1)(F) (20 U.S.C. 6315(c)(1)(F)) is amended by inserting ``school librarians,'' after ``teachers,''. SEC. 106. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS. Subpart 4 of part B of title I (20 U.S.C. 6383) is amended to read as follows: ``Subpart 4--Improving Literacy and College and Career Readiness Through Effective School Library Programs ``SEC. 1251. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS. ``(a) Purpose.--The purpose of this subpart is to improve students' literacy skills and readiness for higher education and careers, by providing students with effective school library programs. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a local educational agency in which 20 percent of the students served by the local educational agency are from families with incomes below the poverty line; or ``(2) a consortia of such local educational agencies. ``(c) Reservation.--From the funds appropriated under section 1002(b)(4) for a fiscal year, the Secretary shall reserve-- ``(1) one-half of 1 percent to award assistance under this section to the Bureau of Indian Education to carry out activities consistent with the purpose of this subpart; and ``(2) one-half of 1 percent to award assistance under this section to the outlying areas according to their respective needs for assistance under this subpart. ``(d) Grants to Local Educational Agencies.-- ``(1) In general.--From amounts appropriated under section 1002(b)(4) and not reserved under subsection (c), the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). ``(2) Sufficient size and scope.--The Secretary shall award grants under this section of sufficient size and scope to allow the eligible entities to carry out effective school library programs for which the grant funds are provided. ``(3) Distribution.--The Secretary shall ensure that grants under this section are equitably distributed among the different geographic regions of the United States, and among eligible entities serving urban and rural areas. ``(4) Duration.--The Secretary shall award grants under this section for a period of 3 years. ``(5) Local applications.--An eligible entity desiring to receive a grant under this section 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 include, for each school that the eligible entity identifies as participating in a grant program under this section, the following information: ``(A) a needs assessment relating to the need for literacy improvement at all grade levels and the need for effective school library programs, based on the age and condition of school library resources, including-- ``(i) book collections; ``(ii) access to advanced technology; ``(iii) the availability of well-trained, State certified or licensed school librarians; and ``(iv) the current level of coordination and shared planning time among school librarians and classroom teachers; ``(B) a description of which grade spans will be served, and an assurance that funding will be distributed to serve students in elementary, middle, and high schools; ``(C) how the eligible entity will extensively involve school librarians, teachers, administrators, and parents in the activities assisted under this section, and the manner in which the eligible entity will carry out the activities described in subsection (e) using programs and materials that are grounded in scientifically valid research; ``(D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, including those funded through the Institute of Museum and Library Services; and ``(E) the manner in which the eligible entity will collect and analyze data on the quality and impact of activities carried out under this section by schools served by the eligible entity. ``(e) Local Activities.--Funds under this section may be used to develop and enhance effective school library programs, which may include activities to-- ``(1) acquire up-to-date school library resources, including books and reading 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; ``(2) acquire and use advanced technology, incorporated into the curricula of the school, to develop and enhance the digital literacy skills of students; ``(3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; ``(4) provide-- ``(A) professional development in the acquisition of digital literacy skills and 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 for school librarians; and ``(B) activities that foster increased collaboration among school librarians, teachers, and administrators; and ``(5) provide students with access to school libraries during nonschool hours, including the hours before and after school, during weekends, and during summer vacation periods. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. ``(g) Accountability and Reporting.--Each eligible entity that receives funds under this section for a fiscal year shall prepare and submit a report to the Secretary regarding how the funding was used and the extent to which the availability of, the access to, and the use of, up-to-date school library resources in the elementary schools and secondary schools served by the eligible entity was increased.''. TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS SEC. 201. TEACHER, SCHOOL LIBRARIAN, AND PRINCIPAL TRAINING AND RECRUITING FUND. Title II (20 U.S.C. 6601 et seq.) is amended-- (1) in the title heading, by striking ``HIGH QUALITY TEACHERS AND PRINCIPALS'' and inserting ``HIGHLY EFFECTIVE TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS''; and (2) in the part heading, by striking ``teacher and principal'' and inserting ``teacher, school librarian, and principal''. SEC. 202. PURPOSE. Section 2101(1) (20 U.S.C. 6601(1)) is amended to read as follows: ``(1) increase student achievement through strategies such as-- ``(A) improving teacher, school librarian, and principal quality; and ``(B) increasing the number of highly effective teachers in the classroom, highly effective school librarians in the library, and highly effective principals and assistant principals in the school; and''. SEC. 203. STATE APPLICATIONS. Section 2112(b)(4) (20 U.S.C. 6612(b)(4)) is amended by inserting ``, school librarians,'' before ``and principals''. SEC. 204. STATE USE OF FUNDS. Section 2113(c) (20 U.S.C. 6613(c)) is amended-- (1) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``principals,'' and inserting ``highly effective school librarians, and highly qualified principals and''; and (B) in subparagraph (B), by striking ``, principals,'' and inserting ``, highly effective school librarians, and highly qualified principals''; and (2) in paragraph (6), by striking ``teachers and principals'' each place the term appears and inserting ``teachers, school librarians, and principals''. SEC. 205. LOCAL USE OF FUNDS. Section 2123(a) (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 effective school librarians; and ``(B) providing appropriate professional development for school librarians, particularly related to skills necessary to assist students to improve the students' academic achievement, including digital literacy skills and preparation for higher education and careers.''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. Section 9101 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (16), (17), and (18) through (43) as paragraphs (17), (18), and (20) through (45), respectively; (2) by inserting after paragraph (15) the following: ``(15) Digital literacy skills.--The term `digital literacy skills' has the meaning given the term in section 202 of the Museum and Library Services Act.''; and (3) by inserting after paragraph (18) (as redesignated by paragraph (1)) the following: ``(19) Effective school library program.--The term `effective school library program' means a school library program that-- ``(A) is staffed by a State certified or licensed school librarian; ``(B) has up-to-date books, materials, equipment, and technology (including broadband); ``(C) includes regular collaboration between classroom teachers and school librarians to assist with development and implementation of the curriculum and other school reform efforts; and ``(D) supports the development of digital literacy skills.''. SEC. 302. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 2 of the Act is amended-- (1) by striking the items relating to subpart 4 of part B of title I and inserting the following: ``subpart 4--improving literacy and college and career readiness through effective school library programs ``Sec. 1251. Improving literacy and college and career readiness through effective school library programs.''; (2) by striking the item relating to title II and inserting the following: ``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS''; and (3) by striking the item relating to part A of title II and inserting the following: ``PART A--Teacher, School Librarian, and Principal Training and Recruiting Fund.''.

Strengthening Kids' Interest in Learning and Libraries Act or SKILLS Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the inclusion of effective school library programs in school improvement programs. Defines an "effective school library program" as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Replaces the existing program under subpart 4 (Improving Literacy Through School Libraries) of part B of title I of the ESEA with a new program (Improving Literacy and College and Career Readiness Through Effective School Library Programs) awarding competitive three-year grants to local educational agencies (LEAs) to develop and enhance effective school library programs. Makes LEAs eligible for such grants only if at least 20% of their students are impoverished. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to rename part A the Teacher, School Librarian, and Principal Training and Recruiting Fund. Requires states and LEAs to use funds under the program to train school librarians, and recruit and retain highly effective school librarians.

A bill to amend the Elementary and Secondary Education Act of 1965 regarding school libraries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alzheimer's Breakthrough Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alzheimer's disease is a disorder that destroys cells in the brain. The disease is the leading cause of dementia, a condition that involves gradual memory loss, decline in the ability to perform routine tasks, disorientation, difficulty in learning, loss of language skills, impairment of judgment, and personality changes. As the disease progresses, people with Alzheimer's disease become unable to care for themselves. The loss of brain cells eventually leads to the failure of other systems in the body. (2) Alzheimer's disease is the sixth leading cause of death in the United States and remains the only one of the top ten causes of death without an identified way to prevent, cure, or slow its progression. (3) An estimated 5.4 million Americans have Alzheimer's disease. With the aging of the baby boomers, the number of Americans with Alzheimer's disease will likely reach 13.5 million in 2050--and could be as high as 16 million. (4) An individual will live with the increasingly devastating, debilitating, and destructive effects of Alzheimer's disease for an average of 4 to 8 years after diagnosis, and some live as long as 20 years. (5) Alzheimer's disease does not just affect those with the disease but takes an emotional, financial, and physical toll on caregivers. In 2010, nearly 15 million Americans provided 17 billion hours of unpaid care to family members and friends with Alzheimer's disease and other dementias at a total value of over $202 billion. (6) In 2011, Medicare is expected to spend $93 billion for the care of individuals with Alzheimer's disease and other dementias and this amount is projected to increase to $627 billion in 2050. Medicaid costs is expected to increase nearly 400 percent, from $37 billion in 2011 to $178 billion in 2050. (7) In fiscal year 2010, the Federal Government spent $450 million on Alzheimer's disease research. For every $100 the Federal Government spent on Alzheimer's disease research in fiscal year 2010, Medicare and Medicaid spent more than $28,000 for care for people with Alzheimer's disease. (8) Research leading to treatments that delay onset of Alzheimer's disease by just five years would cut Federal Government spending on the disease by 45 percent in 2050. (9) In 2010, Congress passed the National Alzheimer's Project Act, which instructs the Department of Health and Human Services to develop a strategic plan (referred to in this section as the ``National Alzheimer's Project plan'') to address the rapidly escalating Alzheimer's disease crisis. (10) The annually updated National Alzheimer's Project plan must be transmitted to Congress each year and is to include outcome-driven objectives, recommendations for priority actions, and coordination of all federally funded programs in Alzheimer's disease research, care, and services. (11) It is expected that the National Alzheimer's Project plan will include research priority actions to accelerate the development of treatments that would prevent, cure, or slow the progression of Alzheimer's disease. (12) The medical and research communities have the ideas, the technology, and the will, but need the Federal Government to commit to an innovative research approach, to find breakthroughs that will provide significant returns on investment and will save millions of lives. SEC. 3. REQUIRING A FEDERAL COMMITMENT TO ALZHEIMER'S DISEASE RESEARCH. (a) In General.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following new section: ``SEC. 404I. REQUIRING A FEDERAL COMMITMENT TO ALZHEIMER'S DISEASE RESEARCH. ``(a) Definition of Alzheimer's.--In this section, the term `Alzheimer's' means Alzheimer's disease and related dementias. ``(b) Purpose.--The purpose of this section is to develop and execute a scientific research plan to accelerate breakthroughs in treatments that prevent, cure, or slow the progression of Alzheimer's disease and reduce the financial burden of Alzheimer's on federally funded programs and families. ``(c) Federal Commitment to Alzheimer's Disease Research.--For the purpose described in subsection (b), the Director of NIH shall coordinate and focus all Alzheimer's research activities of the National Institutes of Health. Such activities shall include the following: ``(1) The establishment of a strategic Alzheimer's research plan-- ``(A) to expedite therapeutic outcomes for individuals with or at risk for Alzheimer's, using scientifically based strategic planning, for the conduct, coordination, and support of the Alzheimer's research portfolio within the Office of the Director of NIH and across all Institutes and Centers of the National Institutes of Health; and ``(B) that, with respect to such Alzheimer's research-- ``(i) identifies research opportunities relating to emerging science, knowledge gaps, and priorities of the National Institutes of Health and provides recommendations for conducting such research; ``(ii) identifies opportunities to incorporate Alzheimer's disease research in all relevant aging, neuroscience, basic, clinical, and translational science initiatives carried out by the National Institutes of Health, including initiatives that are trans-National Institutes of Health, innovative, and nontraditional initiatives; ``(iii) improves existing Alzheimer's programs and initiatives at the National Institutes of Health, including consolidation or expansion of program activities, if such consolidation or expansion would improve program efficiencies and research outcomes; ``(iv) identifies gaps in the supporting infrastructure and the coordination of the Alzheimer's research portfolio across the Institutes and Centers of the National Institutes of Health, including the Alzheimer's Disease Centers and Alzheimer's Disease Research Centers and all intramural and extramural Alzheimer's-related activities; ``(v) identifies public-private partnership opportunities to expedite the development of mechanisms for early diagnosis and therapies and assistive technologies for Alzheimer's, including such therapies and technologies that demonstrate high promise of substantially slowing, stopping, or reversing Alzheimer's and reducing the amounts that the Federal Government would spend on the future care provided to individuals who develop Alzheimer's; ``(vi) identifies opportunities to increase research and improve clinical outcomes for women and minority populations at high-risk of developing Alzheimer's; and ``(vii) incorporates the research priority actions identified by the Secretary and Advisory Council on Alzheimer's Research, Care, and Services in the report submitted by the Secretary to Congress under section 2(g) of the National Alzheimer's Project Act (42 U.S.C. 11225(g)). ``(2) The provision of budget estimates, without regard to the probability that such amounts so estimated will be appropriated, including-- ``(A) budget estimates of the amounts required for the Institutes and Centers of the National Institutes of Health to carry out all Alzheimer's activities identified in the strategic research plan developed under paragraph (1); ``(B) budget estimates of the amounts required to carry out all identified research priority actions described in paragraph (1)(B)(vii); and ``(C) identification of funds in the existing budget of the National Institutes of Health to accomplish Alzheimer's activities identified by the strategic research plan developed under paragraph (1). ``(d) Public-Private Partnerships.--In providing for Alzheimer's research activities, the Director of NIH and the Directors of Institutes and Centers of the National Institutes of Health conducting Alzheimer's research, shall make available contracts, grants, or cooperative agreements to facilitate partnerships between public and private entities, which may include private or public research institutions, institutions of higher education, medical centers, biotechnology companies, pharmaceutical companies, disease advocacy organizations, patient advocacy organizations, or academic research institutions. Such partnerships may be established for, but not limited to, any of the following purposes: ``(1) To execute the Alzheimer's research plan established under subsection (c)(1). ``(2) To support the development of diagnostic technologies and protocols to encourage early diagnosis of individuals at risk for Alzheimer's and to permit the tracking of the progression of Alzheimer's in asymptomatic or symptomatic populations. ``(3) To develop and diffuse data sharing practices that accelerate the advancement of knowledge and understanding of the pathogenesis, progression, prevention, and treatment of Alzheimer's. ``(e) Reporting.-- ``(1) The Director of NIH shall annually report to the Secretary, the Advisory Council on Alzheimer's Research, Care, and Services, and the appropriate committees of jurisdiction in Congress, on the strategic research plan and budget estimates under subsection (c). ``(2) The Director of NIH shall, as part of its annual request for appropriations to the Office of Management and Budget, submit to the Office of Management and Budget and the Committees on Appropriations of the House of Representatives and the Senate a report which-- ``(A) includes budget estimates developed under subsection (c)(2); ``(B) subject to subparagraph (C), includes requests for amounts to be appropriated for all Alzheimer's activities identified in the strategic research plan under subsection (c)(1); ``(C) includes, in the case a request is not made under subparagraph (C) for an activity identified in such strategic research plan, a full justification explaining why such request was not made; and ``(D) analyzes the progress made toward accelerating breakthroughs in treatments that would prevent, cure, or slow the progression of Alzheimer's and reducing spending on Alzheimer's care under federally funded programs and families and identifies any remaining hurdles to accelerating such breakthroughs or reducing such financial burden.''. (b) Alzheimer's Disease Centers.--Section 445(a)(1) of the Public Health Service Act (42 U.S.C. 285e-2(a)(1)) is amended-- (1) by inserting ``, translational'' after ``basic''; and (2) by inserting ``and of outcome measures, and disease management'' after ``treatment methods''.

Alzheimer's Breakthrough Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to coordinate and focus all Alzheimer's research activities of NIH, which shall include: (1) the establishment of a strategic Alzheimer's research plan to expedite therapeutic outcomes for individuals with or at risk for Alzheimer's; and (2) the provision of budget estimates, without regard to the probability that such amounts will be appropriated, of the amounts required to carry out the strategic plan. Requires NIH to make available contracts, grants, or cooperative agreements to facilitate partnerships between public and private entities to execute the Alzheimer's research plan, support the development of diagnostic technologies and protocols, and develop and diffuse data sharing practices. Expands the Alzheimer's Disease Center program to include translational research and research into outcome measures.

To amend the Public Health Service Act to require a Federal commitment to Alzheimer's disease research to advance breakthrough treatments for people living with Alzheimer's disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Windfall Excess Oil Profits Protection Act of 2005''. SEC. 2. WINDFALL PROFITS TAX ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``In addition to any other tax imposed under this title, there is hereby imposed on every taxpayer an excise tax in an amount equal to 50 percent of the windfall profit for any taxable year from-- ``(1) sales of any crude oil, natural gas, or other taxable product thereof, and ``(2) net gains from transactions of an interest the price of which is determined in whole or in part by reference to the price of crude oil, natural gas, or other taxable product thereof. ``SEC. 5897. WINDFALL PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of-- ``(1) the adjusted taxable income of the taxpayer for the taxable year, over ``(2) the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection)-- ``(1) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year, and ``(2) reduced by any interest income, dividend income, and net operating losses to the extent such losses exceed taxable income for the taxable year. In the case of any taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2000-2004 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``(d) Taxable Product Thereof.--The term `taxable product thereof' means any fuel which is a product of crude oil or natural gas. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 56. Windfall profits on crude oil, natural gas, and products thereof''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of such Code (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in 2005 or 2006. SEC. 3. USE OF PROCEEDS FROM WINDFALL PROFITS ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF. There are hereby appropriated amounts equivalent to the taxes received in the Treasury under chapter 56 of the Internal Revenue Code of 1986, as follows: (1) 50 percent of such amounts, which shall be available only for carrying out the Low-Income Home Energy Assistance Act of 1981, and (2) 50 percent of such amounts, which shall be credited to the current appropriation of the Department of Veterans Affairs that is available for medical services.

Consumer Windfall Excess Oil Profits Protection Act of 2005 - Amends the Internal Revenue Code to impose an excise tax of 50 percent on the windfall profit from sales of any crude oil, natural gas, or related products and the net gains from transactions related to the price of crude oil, natural gas, or related products. Defines "windfall profit" as the excess of taxpayer adjusted taxable income over the reasonably inflated average profit for the taxable year (average of taxpayer adjusted taxable income for 2000-2004, plus 10 percent of such average). Allows a tax deduction for the payment of any such windfall profit tax. Appropriates equal amounts of the windfall profit tax generated by this Act to carry out the Low-Income Home Energy Assistance Act of 1981 and to increase funding for Department of Veterans Affairs medical services.

To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to use the proceeds of the windfall profit tax collected to carry out the Low-Income Home Energy Assistance Act and for medical services provided by the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanotechnology Innovation and Prize Competition Act of 2008''. SEC. 2. NANOTECHNOLOGY AWARD PROGRAM. (a) Program Established.--The Secretary of Commerce shall establish a program to award prizes to eligible persons described in subsection (b) for achievement in 1 or more of the following applications of nanotechnology: (1) Improvement of the environment, consistent with the Twelve Principles of Green Chemistry of the Environmental Protection Agency. (2) Development of alternative energy that has the potential to lessen the dependence of the United States on fossil fuels. (3) Improvement of human health, consistent with regulations promulgated by the Food and Drug Administration of the Department of Health and Human Services. (4) Development of consumer products. (5) Advancement in the field of nanoelectronics. (b) Eligible Person.--An eligible person described in this subsection is-- (1) an individual who is-- (A) a citizen or legal resident of the United States; or (B) a member of a group that includes citizens or legal residents of the United States; or (2) an entity that is incorporated and maintains its primary place of business in the United States. (c) Establishment of Board.-- (1) In general.--The Secretary of Commerce shall establish a board to administer the program established under subsection (a). (2) Membership.--The board shall be composed of not less than 15 and not more than 21 members appointed by the President, of whom-- (A) not less than 1 shall-- (i) be a representative of the interests of academic, business, and nonprofit organizations; and (ii) have expertise in-- (I) the field of nanotechnology; or (II) administering award competitions; and (B) not less than 1 shall be from each of-- (i) the Department of Energy; (ii) the Environmental Protection Agency; (iii) the Food and Drug Administration of the Department of Health and Human Services; (iv) the National Institutes of Health of the Department of Health and Human Services; (v) the National Institute for Occupational Safety and Health of the Department of Health and Human Services; (vi) the National Institute of Standards and Technology of the Department of Commerce; and (vii) the National Science Foundation. (d) Awards.--The board established under subsection (c) shall make awards under the program established under subsection (a) as follows: (1) Financial prize.--The board may hold a financial award competition and award a financial award in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish. (2) Recognition prize.--The board may recognize an eligible person for superlative achievement in 1 or more nanotechnology applications described in subsection (a). The award shall not include any financial remuneration. (e) Administration.-- (1) Contracting.--The board established under subsection (c) may contract with a private organization to administer a financial award competition described in subsection (d)(1). (2) Solicitation of funds.--A member of the board or any administering organization with which the board has a contract under paragraph (1) may solicit funds from a private person to be used for a financial award under subsection (d)(1). (3) Limitation on participation of donors.--The board may allow a donor who is a private person described in paragraph (2) to participate in the determination of criteria for an award under subsection (d), but such donor may not solely determine the criteria for such award. (4) No advantage for donation.--A donor who is a private person described in paragraph (2) shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition under subsection (d)(1). (f) Intellectual Property.--The Federal Government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in any competition under subsection (d)(1). (g) Liability.--The board established under subsection (c) may require a competitor in a financial award competition under subsection (d)(1) to waive liability against the Federal Government for injuries and damages that result from participation in such competition. (h) Annual Report.--Each year, the board established under subsection (c) shall submit to Congress a report on the program established under subsection (a). (i) Authorization of Appropriations.--There are authorized to be appropriated sums for the program established under subsection (a) as follows: (1) For administration of prize competitions under subsection (d), $750,000 for each fiscal year. (2) For the awarding of a financial prize award under subsection (d)(1), in addition to any amounts received under subsection (e)(2), $2,000,000 for each fiscal year.

Nanotechnology Innovation and Prize Competition Act of 2008 - Directs the Secretary of Commerce to establish a program to award prizes to eligible persons for achievement in one or more applications of nanotechnology for: (1) improvement of the environment, consistent with Twelve Principles of Green Chemistry of the Environmental Protection Agency (EPA); (2) development of alternative energy that has the potential to lessen the dependence of the United States on fossil fuels; (3) improvement of human health, consistent with regulations promulgated by the Food and Drug Administration (FDA); (4) development of consumer products; and (5) advancement in the field of nanoelectronics. Describes an eligible person as an individual who is: (1) a citizen or legal resident of the United States; (2) a member of a group that includes U.S. citizens or legal residents; or (3) an entity that is incorporated and maintains its primary place of business in the United States. Requires establishment of a board to administer and make awards under such program by: (1) holding a financial award competition and making an award to the first competitor to meet such criteria as the board shall establish; and (2) recognizing (without financial remuneration) an eligible person for superlative achievement in one or more of the nanotechnology applications described above. Authorizes the board to contract with a private organization to administer such a financial award competition. Prohibits the federal government from acquiring an intellectual property right in any product or idea by virtue of the submission of such product or idea in any such competition. Requires the board to submit annual reports to Congress on the nanotechnology award program established by this Act.

To require the Secretary of Commerce to establish an award program to honor achievements in nanotechnology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Support to Fusion Centers Act of 2015''. SEC. 2. FUSION CENTER PERSONNEL NEEDS ASSESSMENT. Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of Department of Homeland Security personnel assigned to fusion centers pursuant to subsection (c) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), including an assessment of whether deploying additional Department personnel to such fusion centers would enhance the Department's mission under section 101(b) of such Act and the National Network of Fusion Centers. The assessment required under this subsection shall include the following: (1) Information on the current deployment of the Department's personnel to each fusion center. (2) Information on the roles and responsibilities of the Department's Office of Intelligence and Analysis' intelligence officers, intelligence analysts, senior reports officers, reports officers, and regional directors deployed to fusion centers. (3) Information on Federal resources, in addition to personnel, provided to each fusion center. (4) An analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to fusion centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing. (5) An assessment of fusion centers located in jurisdictions along land and maritime borders of the United States, and the degree to which deploying personnel, as appropriate, from the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such fusion centers would enhance the integrity and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and interdict persons, weapons, and related contraband that pose a threat to homeland security. (6) An assessment of fusion centers located in jurisdictions with large and medium hub airports, and the degree to which deploying, as appropriate, personnel from the Transportation Security Administration to such fusion centers would enhance the integrity and security of aviation security. SEC. 3. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES. (a) Sense of Congress.--It is the sense of Congress that any program established by the Under Secretary for Intelligence and Analysis of the Department of Homeland Security to provide eligibility for access to information classified as Top Secret for State and local analysts located in fusion centers shall be consistent with the need to know requirements pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note). (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Under Secretary of Intelligence and Analysis of the Department of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on the following: (1) The process by which the Under Secretary of Intelligence and Analysis determines a need to know pursuant to Executive Order No. 13526 to sponsor Top Secret clearances for appropriate State and local analysts located in fusion centers. (2) The effects of such Top Secret clearances on enhancing information sharing with State, local, tribal, and territorial partners. (3) The cost for providing such Top Secret clearances for State and local analysts located in fusion centers, including training and background investigations. (4) The operational security protocols, training, management, and risks associated with providing such Top Secret clearances for State and local analysts located in fusion centers. SEC. 4. INFORMATION TECHNOLOGY ASSESSMENT. The Under Secretary of Intelligence and Analysis of the Department of Homeland Security, in collaboration with the Chief Information Officer of the Department and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems (as such term is defined in section 3502 of title 44, United States Code) used to share homeland security information between the Department and fusion centers in the National Network of Fusion Centers and make upgrades to such systems, as appropriate. Such assessment shall include the following: (1) An evaluation of the accessibility and ease of use of such systems by fusion centers in the National Network of Fusion Centers. (2) A review to determine how to establish improved interoperability of departmental information systems with existing information systems used by fusion centers in the National Network of Fusion Centers. (3) An evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with fusion centers in the National Network of Fusion Centers. SEC. 5. MEMORANDUM OF UNDERSTANDING. Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Intelligence and Analysis of the Department of Homeland Security shall enter into a memorandum of understanding with each fusion center in the National Network of Fusion Centers regarding the type of information fusion centers will provide to the Department and whether such information may be subject to public disclosure. SEC. 6. DEFINITIONS. In this Act: (1) Fusion center.--The term ``fusion center'' has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h). (2) National network of fusion centers.--The term ``National Network of Fusion Centers'' means a decentralized arrangement of fusion centers intended to enhance individual State and urban area fusion centers' ability to leverage the capabilities and expertise of all such fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.

Department of Homeland Security Support to Fusion Centers Act of 2015 (Sec. 2) This bill directs the Comptroller General to conduct an assessment of Department of Homeland Security (DHS) personnel assigned to fusion centers established under the Homeland Security Act of 2002. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) The assessment must include information on: the current deployment of such personnel to each fusion center; the roles and responsibilities of DHS's Office of Intelligence and Analysis intelligence officers and analysts, reports officers, and regional directors deployed to such centers; federal resources, in addition to personnel, provided to each center; an analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to such centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing; fusion centers located in jurisdictions along land and maritime borders of the United States and the degree to which deploying personnel from the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such centers would enhance the integrity and security at such borders; and fusion centers located in jurisdictions with large and medium hub airports and the degree to which deploying personnel from the Transportation Security Administration to such centers would enhance aviation security. (Sec. 3) The bill expresses the sense of Congress that any program established by DHS's Under Secretary for Intelligence and Analysis to provide eligibility for access to information classified as Top Secret for state and local analysts located in fusion centers shall be consistent with the need-to-know requirements pursuant to Executive Order No. 13526. The Under Secretary must submit to specified congressional committees a report on: the process by which the Under Secretary determines a need to know to sponsor Top Secret clearances for appropriate state and local analysts located in fusion centers; the effects of such Top Secret clearances on enhancing information sharing with state, local, tribal, and territorial partners; the cost for providing such Top Secret clearances for such analysts, including training and background investigations; and the operational security protocols, training, management, and risks associated with providing such Top Secret clearances. (Sec. 4) The Under Secretary, in collaboration with the Chief Information Officer of DHS and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems used to share homeland security information between DHS and fusion centers in the Network and make appropriate upgrades to such systems. Such assessment shall include: an evaluation of the accessibility and ease of use of such systems by Network fusion centers; a review to determine how to establish improved interoperability of departmental information systems with existing information systems used by Network fusion centers; and an evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with Network fusion centers. (Sec. 5) The Under Secretary shall enter into a memorandum of understanding with each Network fusion centers regarding the type of information fusion centers will provide to DHS and whether such information may be subject to public disclosure.

Department of Homeland Security Support to Fusion Centers Act of 2015

SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. The Congress finds the following: (1) The Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (hereafter in this Act referred to as the ``Alaska Natives Commission'') was established by the Indian Law Enforcement Act (42 U.S.C. 2991a note) following-- (A) the publication in 1989 of the report entitled ``Report on the Status of Alaska Natives: A Call for Action by the Alaska Federation of Natives''; and (B) extensive congressional hearings that focused on the need for the first comprehensive assessment of the social, cultural, and economic condition of 86,000 Alaska Natives since the enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (2)(A) The 14-member Alaska Natives Commission held-- (i) 15 regional hearings throughout Alaska between July 1992 and October 1993; and (ii) 2 statewide hearings in Anchorage, Alaska, coinciding with the conventions of 1992 and 1993 of the Alaska Federation of Natives. (B) In May 1994, the Alaska Natives Commission issued a 3- volume, 440-page report. (3) As required by the Indian Law Enforcement Reform Act, the report referred to in paragraph (2) was formally conveyed to the Congress, the President of the United States, and the Governor of Alaska. (4) The Alaska Natives Commission found that many Alaska Native individuals, families, and communities were experiencing a social, cultural, and economic crisis marked by rampant unemployment, the lack of economic opportunity, alcohol abuse, depression, and morbidity and mortality rates that were described by health care professionals as staggering. (5) The Alaska Natives Commission found that due to the high rate of unemployment and lack of economic opportunities for Alaska Natives, government programs for the poor have become the foundation of many village economies. (6) Displacing traditional Alaska Native social safety nets, the programs referred to in paragraph (5) (that were developed with well-meaning intentions) have-- (A) undermined the healthy interdependence and self-sufficiency of Alaska Native tribes and families; and (B) placed Alaska Native tribes and families at risk of becoming permanent dependents of the Federal Government. (7) Despite the seemingly insurmountable problems referred to in the preceding paragraphs, the Alaska Natives Commission found that Alaska Natives, building on the Alaska Native Claims Settlement Act, had commenced a unique process of critical self-examination that, if supported by the Congress through innovative legislation and effective public administration at all levels, including traditional Native governance, could provide the basis for an Alaska Native social, cultural, economic, and spiritual renewal. (8) The Alaska Natives Commission recognized that the key to the future well-being of Alaska Natives resided in-- (A) the systematic resumption of responsibility by Alaska Natives for the well-being of the members of Alaska Native tribes; (B) the strengthening of the economies of Alaska Natives; (C) the strengthening, operation, and control of their systems of governance, social services, education, health care, and law enforcement; and (D) exercising rights that Alaska Natives have as a result of the special relationship of Alaska Natives with the Federal Government and as citizens of the United States and Alaska. (9) The Alaska Natives Commission recognized that the following 3 basic principles must be respected in addressing the myriad of problems facing Alaska Natives-- (A) self-reliance; (B) self-determination; and (C) the integrity of Native cultures. (10) There is a need to address the problems confronting Alaska Natives referred to in the preceding paragraphs. (11) The problems referred to in paragraph (10) should be addressed rapidly, with certainty, and in conformity with the real economic, social, and cultural needs of Alaska Natives. (12) The Congress-- (A) retains and has exercised its constitutional authority over Native affairs in Alaska subsequent to the Treaty of Cession of Alaska to the United States; and (B) through this Act, exercises that authority. SEC. 2. ALASKA NATIVE IMPLEMENTATION STUDY. (a) Findings.--The Congress finds that-- (1) the Alaska Natives Commission adopted certain recommendations that raise important policy questions that-- (A) are unresolved in Alaska; and (B) require further study and review before Congress considers legislation to implement solutions to address these recommendations; and (2) the Alaska Federation of Natives is the representative body of statewide Alaska Native interests that is best suited to further investigate and report to Congress with proposals to implement the recommendations of the Alaska Natives Commission. (b) Grant.-- (1) In general.--The Secretary of the Interior shall make a grant to the Alaska Federation of Natives to-- (A) conduct a study under this section; and (B) submit the report to the persons and entities specified in subsection (e). (2) Condition for grant.--The grant under paragraph (1) may only be made if the Alaska Federation of Natives enters into an agreement with the Secretary of the Interior that states that as a condition to receive the grant, the Alaska Federation of Natives will abide by the approval of requirements of this section. (c) Study.--Pursuant to subsection (b), the Alaska Federation of Natives shall-- (1) examine the recommendations of the Alaska Natives Commission; (2) examine initiatives in the United States, Canada, and other governments for successful approaches to addressing the issues that are similar to the issues addressed by the Alaska Natives Commission; (3) conduct hearings within the Alaska Native community on further approaches that could be used to implement the recommendations of the Alaska Natives Commission; and (4) provide recommended legislation and submit other recommendations to the Congress concerning actions the Congress should take to implement such recommendations. (d) Consideration of Local Control.--In developing its recommendations pursuant to subsection (c)(4), the Alaska Federation of Natives shall give specific attention to the ways in which the recommendations may be achieved at the local level with maximum local control of the implementation of the recommendations. (e) Report.-- (1) In general.--Not later than 1 year after the date on which a grant is made under subsection (b), the Alaska Federation of Natives shall submit a report on the study conducted under this section, together with the recommendations developed pursuant to subsection (c)(4), to-- (A) the President; (B) the Congress; and (C) the Governor and the legislature of the State of Alaska. (2) Availability.--The Alaska Federation of Natives shall make the report submitted to Congress under paragraph (1) available to Alaska Native villages and organizations and to the general public. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Department of the Interior, $350,000 for the grant under subsection (b). (g) Additional State Funding.--The Congress encourages the State of Alaska to provide the additional funding necessary for the completion of the study under this section. (h) Alaska Native Defined.--For purposes of the study conducted under this Act, the term ``Alaska Native'' shall have the meaning provided the term ``Native'' under section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)).

Directs the Secretary of the Interior to make a grant to the Alaska Federation of Natives to further investigate and report to the Congress with proposals to implement the recommendations of the Alaska Natives Commission. Authorizes appropriations. Encourages additional State funding for the completion of the study.

A bill to provide for a study of the recommendations of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Closure and Relocation of the Lorton Correctional Complex Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Commission on Closure and Relocation of the Lorton Correctional Complex (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall carry out the following: (1) Comprehensive plan for closing the lorton correctional complex by 2010.--Because of the serious operational and safety problems at the Lorton Correctional Complex which adversely affect the inmates of the complex, employees of the District of Columbia Department of Corrections, and residents of the District of Columbia and Fairfax County, Virginia, the Commission shall develop a comprehensive plan for closing the Lorton Correctional Complex by the year 2010 and in the plan shall identify and recommend options for the use of the land on which the complex is located. (2) Plan for new prison facilities located within the district of columbia.--The Commission shall develop a comprehensive plan for the establishment of new model prison facilities within the District of Columbia to replace the Lorton Correctional Complex when it is closed in accordance with the plan developed under paragraph (1). The plan shall identify and recommend-- (A) appropriate sites for the new prison facilities, (B) strategies for financing, including Federal funding for, the new facilities, (C) plans for expeditiously phasing in the operations of the new facilities, and (D) plans for ensuring that the new facilities will be models in education, vocational training, and rehabilitation of the inmates of the facilities. (3) Steps for improving operations at the lorton correctional complex.--The Commission, using existing knowledge, resources and experience, shall identify and recommend appropriate strategies for improving the effectiveness and safety of operations at the Lorton Correctional Complex before it is closed under the plan developed under paragraph (1) and the new facilities are established under the plan developed under paragraph (2). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 21 members appointed as follows: (1) The Fairfax County Board of Supervisors shall appoint 9 members. (2) The Mayor of the District of Columbia shall appoint 9 members. (3) The President shall appoint 3 members. (b) Requirements for Certain Members.-- (1) Members appointed by the fairfax county board of supervisors.--Of the members of the Commission appointed under subsection (a)(1)-- (A) at least one member shall be an individual who is a member of a local civic association in northern Virginia, (B) at least one member shall be an employee of the Virginia Department of Corrections who is knowledgeable about the establishment of new prison facilities, (C) at least one member shall be a member of the Fairfax County Board of Supervisors, (D) at least one member shall be a member of a chamber of commerce in northern Virginia, (E) at least one member shall be an employee of the Fairfax County Sheriff's Department, and (F) at least one member shall be an employee of the Fairfax County Police Department. (2) Members appointed by the mayor of the district of columbia.--Of the members of the Commission appointed under subsection (a)(2)-- (A) at least one member shall be a member of a local civic association in the District of Columbia, (B) at least one member shall be an employee of the District of Columbia Department of Corrections who is knowledgeable about the establishment of new prison facilities, (C) at least one member shall be either the Mayor of the District of Columbia or a member of the District of Columbia City Council, (D) at least one member shall be a member of a chamber of commerce in the District of Columbia or the Washington Board of Trade, and (E) at least 2 members shall be employees of the District of Columbia Metropolitan Police Department. (3) Members appointed by the president.--Of the members of the Commission appointed under subsection (a)(3)-- (A) one member shall be the Director of the Bureau of Prisons, and (B) one member shall be the Director of the National Institute of Corrections. (c) Continuation of Membership.-- (1) General rule.--Except as provided in paragraph (2), if a member was appointed to the Commission because the member was an officer or employee of any government or if member is appointed to the Commission and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be such an officer or employee or becomes such an officer or employee, as the case may be. (2) Exception.--Service as a member of the Commission shall not be discontinued because of paragraph (1) if an individual has served as a member of the Commission for not less than 3 months. (d) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (e) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members of the Commission may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Quorum.--11 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by a majority of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission and paid at the rate of basic pay payable for level III of the Executive Schedule. (b) Appointment and Pay of Staff.--The Commission may appoint personnel as it considers appropriate without regard to the provisions of title 5, United States Code, governing appointment to the competitive service. Such personnel shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under section 3. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out section 3. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission to the extent otherwise permitted by law. (d) Gifts and Donations.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 7. REPORTS. (a) Interim Reports.--The Commission shall submit to the Fairfax County Board of Supervisors, the Mayor of the District of Columbia, and appropriate Committees of Congress interim reports. Such reports shall be submitted at the end of the 6th and 12th month after the date of the enactment of this Act. (b) Final Report.--The Commission shall transmit a final report to the Fairfax County Board of Supervisors, the Mayor of the District of Columbia, the President, and appropriate committees of the Congress not later than 18 months after the date of the enactment of this Act. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation or administrative actions it considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 90 days after submitting its final report pursuant to section 7. SEC. 9. AUTHORIZATION. To carry out this Act there is authorized to be appropriated an amount not to exceed $1,000,000.

Commission on Closure and Relocation of the Lorton Correctional Complex Act - Establishes the Commission on Closure and Relocation of the Lorton Correctional Complex to: (1) develop comprehensive plans for closing the Complex by the year 2010, including options for the use of the land on which the complex is located, and establishing new model prison facilities within the District of Columbia to replace the Complex; and (2) identify and recommend appropriate strategies for improving the effectiveness and safety of the Complex's operations until it is closed and the new facilities are established. Authorizes appropriations.

Commission on Closure and Relocation of the Lorton Correctional Complex Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treto Garza Far South Texas Veterans Inpatient Care Act of 2013''. SEC. 2. INPATIENT HEALTH CARE FACILITY AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY IN HARLINGEN, TEXAS. (a) Findings.--Congress makes the following findings: (1) The current and future health care needs of veterans residing in Far South Texas are not being fully met by the Department of Veterans Affairs. (2) According to recent census data, more than 108,000 veterans reside in Far South Texas. (3) Travel times for veterans from the Valley Coastal Bend area from their homes to the nearest Department of Veterans Affairs hospital for acute inpatient health care can exceed six hours. (4) Even with the significant travel times, veterans from Far South Texas demonstrate a high demand for health care services from the Department of Veterans Affairs. (5) Ongoing overseas deployments of members of the Armed Forces from Texas, including members of the Armed Forces on active duty, members of the Texas National Guard, and members of the other reserve components of the Armed Forces, will continue to increase demand for medical services provided by the Department of Veterans Affairs. (6) The Department of Veterans Affairs employs an annual Strategic Capital Investment Planning process to ``enable the VA to continually adapt to changes in demographics, medical and information technology, and health care delivery'', which results in the development of a multi-year investment plan that determines where gaps in services exist or are projected and develops an appropriate solution to meet those gaps. (7) According to the Department of Veterans Affairs, final approval of the Strategic Capital Investment Planning priority list serves as the ``building block'' of the annual budget request for the Department. (8) Arturo ``Treto'' Garza, a veteran who served in the Marine Corps, rose to the rank of Sergeant, and served two tours in the Vietnam War, passed away on October 3, 2012. (9) Treto Garza, who was also a former co-chairman of the Veterans Alliance of the Rio Grande Valley, tirelessly fought to improve health care services for veterans in the Rio Grande Valley, with his efforts successfully leading to the creation of the South Texas VA Health Care Center at Harlingen, located in Harlingen, Texas. (b) Redesignation of South Texas Department of Veterans Affairs Health Care Center.-- (1) In general.--The South Texas Department of Veterans Affairs Health Care Center at Harlingen, located in Harlingen, Texas, is redesignated as the ``Treto Garza South Texas Department of Veterans Affairs Health Care Center''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the medical facility of the Department of Veterans Affairs referred to in paragraph (1) shall be deemed to be a reference to the ``Treto Garza South Texas Department of Veterans Affairs Health Care Center''. (c) Requirement of Full-Service Inpatient Facility.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the Treto Garza South Texas Department of Veterans Affairs Health Care Center includes a full-service inpatient health care facility of the Department and shall modify the existing facility as necessary to meet that requirement. (2) Plan to expand facility capabilities.--The Secretary shall include in the annual Strategic Capital Investment Plan of the Department a project to expand the capabilities of the Treto Garza South Texas Department of Veterans Affairs Health Care Center by adding the following: (A) Inpatient capability for 50 beds with appropriate administrative, clinical, diagnostic, and ancillary services needed for support. (B) An urgent care center. (C) The capability to provide a full range of services to meet the needs of women veterans. (d) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, 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 detailing a plan to implement the requirements in subsection (c), including an estimate of the cost of required actions and the time necessary for the completion of those actions. (e) Far South Texas Defined.--In this section, the term ``Far South Texas'' means the following counties in Texas: Aransas, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit, Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria, Webb, Willacy, Zapata.

Treto Garza Far South Texas Veterans Inpatient Care Act of 2013 - Redesignates the Department of Veterans Affairs Health Care Center in Harlingen, Texas, as the "Treto Garza South Texas Department of Veterans Affairs Health Care Center." Directs the Secretary of Veterans Affairs (VA) to: (1) ensure that such Center includes a full-service inpatient health care facility, (2) modify the existing facility to meet such requirement, and (3) include in the annual VA strategic capital investment plan a project to expand the Center's capabilities to provide increased inpatient capacity, an urgent care center, and a full range of services for women veterans.

Treto Garza Far South Texas Veterans Inpatient Care Act of 2013

That subsections (b), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act are repealed. Sec. 2. (a) Subsection (c) of section 203 of the Social Security Act is redesignated as subsection (b); and such subsection as so redesignated is amended-- (1) by striking out ``Noncovered Work Outside the United States or'' in the heading; (2) by striking out paragraph (1); (3) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (4) by striking out ``For purposes of paragraphs (2), (3), and (4)'' and inserting in lieu thereof ``For purposes of paragraphs (1), (2), and (3)''; and (5) by striking out the last sentence. (b) Subsection (e) of such section 203 is redesignated as subsection (c); and such subsection as so redesignated is amended by striking out ``subsections (c) and (d)'' and inserting in lieu thereof ``subsection (b)''. (c) Subsection (g) of such section 203 is redesignated as subsection (d); and such subsection as so redesignated is amended by striking out ``subsection (c)'' each place it appears and inserting in lieu thereof ``subsection (b)''. (d) Subsection (i) of such section 203 is redesignated as subsection (e); and such subsection as so redesignated is amended by striking out ``subsection (b), (c), (g), or (h)'' and inserting in lieu thereof ``subsection (b) or (d)''. (e) Subsection (l) of such section 203 is redesignated as subsection (f); and such subsection as so redesignated is amended by striking out ``subsection (g) or (h)(1)(A)'' and inserting in lieu thereof ``subsection (d)''. Sec. 3. (a) Section 202(j)(4)(B) of the Social Security Act is amended by striking out clause (iv), and by redesignating clause (v) as clause (iv). (b) Section 202(n)(1) of such Act is amended by striking out ``Sections 203 (b), (c), and (d)'' and inserting in lieu thereof ``Section 203(b)''. (c)(1) Section 202(q)(5)(B) of such Act is amended by striking out ``section 203(c)(2)'' and inserting in lieu thereof ``section 203(b)(1)''. (2) Section 202(q)(7)(A) of such Act is amended by striking out ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting in lieu thereof ``deductions on account of work under section 203 or deductions under section 222(b)''. (d)(1) Section 202(s)(1) of such Act is amended by striking out ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting in lieu thereof ``paragraphs (1), (2), and (3) of section 203(b)''. (2) Section 202(s)(3) of such Act is amended by striking out ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting in lieu thereof ``Subsections''. (e) Section 202(t)(7) of such Act is amended by striking out ``Subsections (b), (c), and (d)'' and inserting in lieu thereof ``Subsection (b)''. (f) Section 202(w)(2)(B)(ii) of such Act is amended to read as follows: ``(ii) such individual (I) was not entitled to an old-age insurance benefit, (II) suffered deductions, in amounts equal to the amount of such benefit, under section 203(b) as in effect in the month or months involved, or (III) would have suffered deductions on account of work, in amounts equal to the amount of such benefit (as determined under regulations of the Secretary), under subsections (b) through (l) of section 203 as in effect immediately prior to the enactment of this clause (III) if such subsections (other than paragraph (8) of subsection (f)) had remained in effect through such month or months.''. (g) Section 203(a)(3)(B)(iii) of such Act is amended by striking out ``and subsections (b), (c), and (d)'' and inserting in lieu thereof ``and subsection (b)''. (h) Section 208(a)(3) of such Act is amended by striking out ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting in lieu thereof ``under section 203 for purposes of deductions from benefits on account of work''. (i) Clause (I) in the last sentence of section 215(b)(2)(A) of such Act is amended by striking out ``no earnings as described in section 203(f)(5) in such year'' and inserting in lieu thereof ``no wages, and no net earnings from self-employment (in excess of net loss from self- employment), in such year''. (j) Section 215(g) of such Act is amended by striking out ``and any deduction under section 203(b)''. (k) The third sentence of section 223(d)(4) of such Act is amended by striking out ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting in lieu thereof the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if subsections (b) through (l) of section 203 as in effect in December 1984 had remained in effect through the month in which such earnings were derived''. (l) Section 1612(a) of such Act is amended-- (1) by striking out ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting in lieu thereof ``as defined in the last sentence of this subsection'', and (2) by adding at the end thereof the following new sentence: ``For purposes of paragraph (1)(A), the term ``wages'' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in subsections (a), (g)(2), (g)(3), (h)(2), and (j) of such section; and in making such computation services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval service of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II; but such term does not include (i) the amount of any payment made to or on behalf of an employee or any of his dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(m)(2) or in a pension plan of the employer.''. (m) Section 2 of the Railroad Retirement Act of 1974 is amended by striking out subsections (f) and (g)(2). Sec. 4. The amendments and repeals made by this Act shall be effective with respect to taxable years ending on and after the date of the enactment of this Act.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.

To amend title II of the Social Security Act so as to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits thereunder.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRA Equity Act of 2005''. SEC. 2. COMPUTATION OF LIMITS ON IRA AND ROTH IRA CONTRIBUTIONS. (a) Certain Wage Replacement Income Treated as Compensation.-- (1) Wage replacement income.--Section 219(f) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(8) Treatment of certain wage replacement income as compensation.-- ``(A) In general.--Notwithstanding paragraph (1), applicable wage replacement income not otherwise treated as compensation shall be treated as compensation for purposes of this section. ``(B) Applicable wage replacement income.--For purposes of this paragraph, the term `applicable wage replacement income' means any amount received by an individual-- ``(i) as the result of the individual having become disabled, ``(ii) as unemployment compensation (as defined in section 85(b)), ``(iii) under workmen's compensation acts, or ``(iv) which constitutes wage replacement income under regulations prescribed by the Secretary.'' (2) Certain excludable amounts may be taken into account for purposes of roth iras.--Section 408A(c)(2) of such Code (relating to contribution limit) is amended by adding at the end the following new flush sentence: ``In determining the maximum amount under subparagraph (A), subsections (b)(1)(B) and (c) of section 219 shall be applied by taking into account compensation described in section 219(f)(8) without regard to whether it is includible in gross income.'' (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (b) Computation of Maximum IRA Deduction for Roth IRAs Using Compensation From 2 Preceding Taxable Years.-- (1) In general.--Section 408A(c) of the Internal Revenue Code of 1986 (relating to treatment of contributions) is amended by adding at the end the following new paragraph: ``(8) Compensation from preceding 2 years may be taken into account.-- ``(A) In general.--A taxpayer may elect for purposes of paragraph (2) to take into account any unused compensation from the 2 taxable years immediately preceding the taxable year. ``(B) Unused compensation.--For purposes of this paragraph, the term `unused compensation' means with respect to an individual for any taxable year the compensation includible in the individual's gross income for the taxable year reduced by the sum of-- ``(i) the amount allowed as a deduction under 219(a) to such individual for such taxable year, ``(ii) the amount of any designated nondeductible contribution (as defined in section 408(o)) on behalf of such individual for such taxable year, ``(iii) the amount of any contribution on behalf of such individual to a Roth IRA under this section for such taxable year, and ``(iv) the amount of compensation includible in such individual's gross income for such taxable year taken into account under section 219(c) in determining the limitation under section 219 or paragraph (2) for the individual's spouse. ``(C) Application to special rule for married individuals.--Under rules prescribed by the Secretary, in applying section 219(c) for any taxable year for purposes of applying paragraph (2)(A), unused compensation of an individual or an individual's spouse for the 2 taxable years immediately preceding the taxable year may be taken into account.'' (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2004, but unused compensation for taxable years beginning before January 1, 2005, may be taken into account for taxable years beginning after December 31, 2004.

IRA Equity Act of 2005 - Amends the Internal Revenue Code to allow taxpayers to: (1) include wage replacement income in computing the allowable tax deduction for contributions to retirement savings accounts; and (2) elect to include certain unused income from prior taxable years in computing such tax deduction. Defines "wage replacement income" as amounts received by disabled individuals, unemployment compensation, workers' compensation, or other income deemed wage replacement income under Treasury regulations.

A bill to amend the Internal Revenue code of 1986 to modify the definition of compensation for purposes of determining the limits on contributions to individual retirement accounts and annuities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Inspector General for the Troubled Asset Relief Program Act of 2008''. SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES. Section 121 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended-- (1) in subsection (c), by adding at the end the following: ``(4)(A) Except as provided under subparagraph (B) and in addition to the duties specified in paragraphs (1), (2), and (3), the Special Inspector General shall have the authority to conduct, supervise, and coordinate an audit or investigation of any action taken under this title as the Special Inspector General determines appropriate. ``(B) Subparagraph (A) shall not apply to any action taken under section 115, 116, 117, or 125.''; and (2) in subsection (d)(2), by striking ``subsection (c)(1)'' and inserting ``subsection (c)(1) and (4)''. SEC. 3. PERSONNEL AUTHORITIES. Section 121(e)(1) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended-- (1) by inserting ``(A)'' after ``(1)''; and (2) by adding at the end the following: ``(B)(i) Subject to clause (ii), the Special Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). ``(ii) In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under clause (i) of this subparagraph-- ``(I) the Special Inspector General may not make any appointment on and after the date occurring 6 months after the date of enactment of the Special Inspector General for the Troubled Asset Relief Program Act of 2008; ``(II) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and ``(III) no period of appointment may exceed the date on which the Office of the Special Inspector General terminates under subsection (j).''. SEC. 4. RESPONSE TO AUDITS AND COOPERATION AND COORDINATION WITH OTHER ENTITIES. Section 121 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (h), (i), and (j), respectively; and (2) by inserting after subsection (e) the following: ``(f) Corrective Responses to Audit Problems.--The Secretary shall-- ``(1) take action to address deficiencies identified by a report or investigation of the Special Inspector General or other auditor engaged by the TARP; or ``(2) certify to appropriate committees of Congress that no action is necessary or appropriate. ``(g) Cooperation and Coordination With Other Entities.--In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall work with each of the following entities, with a view toward avoiding duplication of effort and ensuring comprehensive oversight of the Troubled Asset Relief Program through effective cooperation and coordination: ``(1) The Inspector General of the Department of Treasury. ``(2) The Inspector General of the Federal Deposit Insurance Corporation. ``(3) The Inspector General of the Securities and Exchange Commission. ``(4) The Inspector General of the Federal Reserve Board. ``(5) The Inspector General of the Federal Housing Finance Board. ``(6) The Inspector General of any other entity as appropriate.''. SEC. 5. REPORTING REQUIREMENTS. Section 121(h) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343), as redesignated by this Act, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following: ``(2) Not later than July 1, 2009, the Special Inspector General shall submit a report to Congress analyzing the use of any funds received by a financial institution under the TARP and make the report available to the public, including posting the report on the home page of the website of the Special Inspector General within 24 hours after the submission of the report.''; and (3) by adding at the end the following: ``(5) Except as provided under paragraph (3), all reports submitted under this subsection shall be available to the public.''. SEC. 6. FUNDING OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL. Section 121(i)(1) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343), as redesignated by this Act, is amended by inserting before the period at the end the following: ``, not later than 7 days after the date on which the nomination of the Special Inspector General is first confirmed by the Senate''. Passed the Senate December 10, 2008. Attest: NANCY ERICKSON, Secretary.

Special Inspector General for the Troubled Asset Relief Program Act of 2008 - Amends the Emergency Economic Stabilization Act of 2008 to grant the Special Inspector General (SIG) authority to conduct, supervise, and coordinate an audit or investigation of any action taken with regard to the Troubled Asset Relief Program (TARP) that the SIG deems appropriate. Prohibits any audit or investigation, however, of any action related to: (1) graduated authorization to purchase troubled assets; (2) oversight and audits by the Comptroller General; (3) the Comptroller General's study and report on margin authority; and (4) the Congressional Oversight Panel. Authorizes the SIG to exercise specified employment authorities for additional personnel, but not after six months following enactment of this Act. Prohibits any period of appointment from exceeding the date on which the Office of the SIG terminates. Requires the Secretary of the Treasury to: (1) either take action to address deficiencies identified by a report or investigation of the SIG or other auditor engaged by the TARP; or (2) certify to congressional committees that no action is necessary or appropriate. Instructs the SIG to work with Inspectors General of designated federal agencies to: (1) avoid duplication of effort; and (2) ensure comprehensive oversight of TARP. Requires the SIG to: (1) report to Congress by July 1, 2009, on the use of any funds received by a financial institution under TARP; and (2) make such report available to the public, including on the home page of the SIG's website within 24 hours after its submission to Congress. Requires funds for the office of the SIG to be made available not later than seven days after the SIG's nomination is first confirmed by the Senate.

A bill to amend the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) to provide the Special Inspector General with additional authorities and responsibilities, and for other purposes.

SECTION 1. COMPENSATION FOR FARMERS FOR DAMAGES FROM TRADE EMBARGOES. (a) Compensation Required.--In connection with any trade embargo imposed by the President after the date of the enactment of this Act, or any retaliatory embargo imposed by a foreign country in response to such an embargo, the Secretary of Agriculture shall compensate producers of each agricultural commodity produced in the United States and included among the prohibited trade items for damages incurred by the producers as a result of lost sales or reduced market price of the commodity due to the initial or retaliatory embargo. This section shall not apply in the case of a trade embargo imposed by the President that prohibits all trade with the country subject to the embargo, if the Congress passes a law approving of the embargo. (b) Filing of Claim.--To obtain compensation under subsection (a), a producer shall file a claim with the Secretary of Agriculture specifying the amount of the damages incurred by the producer as a result of an embargo described in subsection (a). (c) Calculation of Damages.--For each agricultural commodity produced in the United States and subject to an embargo described in subsection (a), the Secretary of Agriculture shall determine the difference, if any, between the average price of the agricultural commodity for the 12-month period ending on the date the agricultural commodity became subject to the embargo and the average price of the agricultural commodity for the 12-month period immediately after that date. The Secretary shall adjust the amount determined under the preceding sentence to reflect only the amount of the price reduction resulting from the embargo. Producers shall use the adjusted amount to calculate their damages. If the embargo extends beyond the first year, the Secretary shall redetermine the difference between the average prices during each subsequent 12-month period. (d) Payment.--The Secretary of Agriculture shall forward the producer's claim to the Commodity Credit Corporation, which shall pay the producer, from funds available to the Corporation, an amount equal to-- (1) three times the amount of the damages determined under subsection (c), in the case of an agricultural commodity subject to a trade embargo imposed by the President; or (2) the amount of the damages determined under subsection (c), in the case of an agricultural commodity subject to a retaliatory embargo imposed by a foreign country in response to the President's embargo. (e) Reimbursement.--The Secretary of the Treasury shall reimburse the Commodity Credit Corporation, from funds in the Treasury not otherwise appropriated, for all payments made by the Corporation under subsection (d). (f) Adjudication of Disputes.--In the case of a dispute arising in connection with a claim under this section, the United States Court of Federal Claims shall have jurisdiction to adjudicate the claim and enter judgment accordingly. If the Court enters judgment on behalf of the producer, the United States shall be responsible for the costs incurred by the producer to pursue the claim. (g) Notification of Congress.--As soon as possible after the President imposes an embargo described in subsection (a) or is informed of a retaliatory embargo, the President shall notify the Congress regarding-- (1) the agricultural commodities subject to the embargo; (2) the amount of damages to agricultural producers estimated as likely to result from the embargo; and (3) the source of funds to be used to provide compensation to such producers under subsection (a). (h) Assistance Following Embargo.--During the one-year period following the lifting of any trade embargo described in subsection (a) with respect to an agricultural commodity, the Secretary of Agriculture shall provide assistance to producers of the agricultural commodity in order to assist such producers to regain market share lost as a result of the embargo. The Secretary shall provide such assistance in such manner and under such terms as the Secretary considers appropriate. (i) Agricultural Commodity Defined.--For purposes of this section, the term ``agricultural commodity'' means-- (1) any agricultural commodity planted and produced in the United States by annual tilling of the soil (including tilling by one-trip planters), such as wheat, corn, grain sorghum, barley, oats, rye, cotton, soybeans, peanuts, tobacco, sugar beets, potatoes, and vegetables; (2) sugar cane and rice planted and produced in the United States; (3) milk, fruits, and honey produced in the United States; (4) beef and other livestock, poultry, and aquacultural species raised in the United States; and (5) timber and fiber crops produced in the United States. Such term also includes any integral input into the production of an agricultural commodity, such as seed crops, crop nutrients, or crop protection products.

Directs the Secretary of Agriculture to compensate farmers for agricultural commodity (as defined in this Act) damages from a trade embargo, including assistance during the one year after an embargo has been lifted. Provide for adjudication of damage claim disputes in the United States Court of Federal Claims.

To compensate agricultural producers in the United States for damages incurred as a result of trade embargoes that include agricultural commodities and products produced in the United States among the prohibited trade items.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Grants-Mercedes Conservation Program Eligibility Act of 2017''. SEC. 2. ELIGIBILITY FOR LAND GRANTS-MERCEDES. (a) Definitions.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended by redesignating paragraphs (17) through (27) as paragraphs (18) through (28), respectively, and inserting after paragraph (16) the following: ``(17) Land grant-merced.--The term `land grant-merced' means a community, town, colony, or pueblo-- ``(A) the land of which was granted by the government of Spain or by the government of Mexico to-- ``(i) the community, town, colony, or pueblo; or ``(ii) a person for the purpose of founding or establishing a community, town, colony, or pueblo; or ``(B) that asserted title pursuant to the Treaty of Guadalupe Hidalgo, through-- ``(i) the Office of the Surveyor General for New Mexico established pursuant to the Act of July 22, 1854 (Chapter 103; 10 Stat. 308); or ``(ii) the United States Court of Private Land Claims established by the Act of March 3, 1891 (Chapter 539; 26 Stat. 854) (commonly known as the Court of Private Land Claims Act).''. (b) Alternative Funding Arrangements for Land Grants-Mercedes.-- Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: ``(m) Alternative Funding Arrangements for Land Grants-Mercedes.-- ``(1) Alternative funding arrangements.--Notwithstanding section 1001(f)(6), the Secretary may enter into an alternative funding arrangement under any conservation program administered by the Secretary with a land grant-merced if the Secretary determines that-- ``(A) the goals and objectives of the applicable program will be met by the arrangement; and ``(B) statutory limitations regarding contracts with individual producers will not be exceeded by any member of the land grant-merced. ``(2) Technical and administrative assistance.--The Secretary may provide technical and administrative assistance, as mutually agreed by the parties, under an alternative funding arrangement entered into under paragraph (1).''. (c) Conforming Amendments.-- (1) Definitions.--Section 1201(a)(18)(B) of the Food Security Act of 1985 (16 U.S.C. 3801(a)(18)(B)) is amended by inserting ``land grant-merced,'' after ``Indian tribe,''. (2) Conservation stewardship program.--Section 1238G(f) of the Food Security Act of 1985 (16 U.S.C. 3838g(f)) is amended by inserting ``or land grants-mercedes'' after ``Indian tribes''. (3) Administrative requirements for conservation programs.--Section 1244(a) of the Food Security Act of 1985 (16 U.S.C. 3844(a)) is amended-- (A) in the subsection header, by inserting ``and Land Grants-Mercedes'' after ``Indian Tribes''; and (B) by adding at the end of paragraph (2) the following: ``(G) Land grants-mercedes.''. (4) Agricultural conservation easement program.--Subtitle H of title XII of the Food Security Act of 1985 (16 U.S.C. 3865 et seq.) is amended-- (A) in section 1265A(2)(A), by striking ``or an Indian tribe'' and inserting ``, or an Indian tribe or land grant-merced,''; (B) in section 1265C-- (i) in subsection (b)(1)(D), by inserting ``and land grants-mercedes'' after ``Indian tribes''; (ii) in subsection (d)(2), by striking ``or Indian tribe'' and inserting ``Indian tribe, or land grant-merced''; and (iii) in subsection (e), by striking ``or Indian tribe'' and inserting ``Indian tribe, or land grant-merced''; and (C) in section 1265D(a)(2), by adding ``, other than land of a land grant-merced'' before the semicolon. (5) Regional conservation partnership program.--Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4)) is amended by adding at the end the following: ``(I) A land grant-merced.''.

Land Grants-Mercedes Conservation Program Eligibility Act of 2017 This bill amends the Food Security Act of 1985 to authorize the Department of Agriculture (USDA) to enter into an alternative funding arrangement under any USDA conservation program with a land grant-merced. A land grant-merced is a community, town, colony, or pueblo that: (1) includes certain land granted by Mexico or Spain; or (2) asserted title pursuant to the Treaty of Guadalupe Hidalgo, through the Office of the Surveyor General for New Mexico or the U.S. Court of Private Land Claims. (An alternative funding arrangement allows a land grant-merced to receive assistance directly from the conservation programs.) USDA may also provide technical and administrative assistance under the alternative funding arrangement. USDA may enter into an arrangement if: (1) the goals and objectives of the applicable conservation program will be met by the arrangement, and (2) statutory limitations regarding contracts with individual producers will not be exceeded by any member of the land grant-merced.

Land Grants-Mercedes Conservation Program Eligibility Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Trade Reform Act of 1999''. SEC. 2. DEFINITION OF DOMESTIC INDUSTRY, ETC. (a) Domestic Industry.-- (1) In general.--Section 202(c)(6)(A)(i) of the Trade Act of 1974 (19 U.S.C. 2252(c)(6)(A)(i) is amended to read as follows: ``(A)(i) The term `domestic industry' means, with respect to an article-- ``(I) the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article, or ``(II) the producers of a like or directly competitive perishable agricultural product, citrus product, or potato product in a specific geographic area of the United States whose collective production in such area of such article constitutes a significant proportion of the total domestic production of such article.''. (2) Determination by commission.--Section 202(c)(4) of such Act (19 U.S.C. 2252(c)(4)) is amended-- (A) by striking ``and'' at the end of subparagraph (B), (B) by striking the period at the end of subparagraph (C) and inserting ``; and'', and (C) by adding at the end the following new subparagraph: ``(D) may-- ``(i) in the case of one or more domestic producers-- ``(I) who produce a like or directly competitive perishable agricultural product, citrus product, or potato product in a specific geographic area of the United States, ``(II) whose production of the product in such area constitutes a significant portion of the domestic industry in the United States, and ``(III) who primarily serve the market in such area, and ``(ii) if there are substantial imports of a like or directly competitive product in such area, treat as the domestic industry only that portion of the production of the product located in such area.''. (b) Specific Geographic Area of the United States, Etc.--Section 202(c)(6) of such Act (19 U.S.C. 2252(c)(6)) is amended by adding at the end the following new subparagraphs: ``(E) The term `specific geographic area of the United States' means a discrete and distinguishable geographic area in the United States in which a perishable agricultural product, citrus product, or potato product is produced. ``(F) The term `significant portion of the domestic industry in the United States' means an important, recognizable part of the domestic industry, including a part of the industry characterized by production in the same growing season.''. SEC. 3. PROVISIONAL RELIEF. (a) In General.--Section 202(d)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2252(d)(1)(C)) is amended to read as follows: ``(C)(i) If-- ``(I) a petition filed under subsection (a)-- ``(aa) alleges injury from imports of a perishable agricultural product, citrus product, or potato product that has been, on the date the allegation is included in the petition, subject to monitoring by the Commission under subparagraph (B) for not less than 90 days; and (bb) requests that provisional relief be provided under this subsection with respect to such imports; or ``(II) a request made by the President or the Trade Representative, or a resolution adopted by either the Committee on Ways and Means or the Committee on Finance, under subsection (b), states that provisional relief provided under this subsection with respect to such imports may be necessary to prevent or remedy serious injury, or the threat thereof, to the domestic industry the Commission shall, not later than the 21st day after the day on which the request is filed, make a determination described in clause (ii), on the basis of available information. ``(ii) The determination described in this clause is a determination by the Commission whether increased imports (either actual or relative to domestic production) of the perishable agricultural product, citrus product, or potato product are a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive perishable agricultural product, citrus product, or potato product and whether either-- ``(I) the serious injury is likely to be difficult to repair by reason of perishability of the like or directly competitive agricultural product; or ``(II) the serious injury cannot be timely prevented through investigation under subsection (b) and action under section 203.''. (b) Special Rules for Considering Certain Requests.--Section 202(d)(1) of such Act (19 U.S.C. 2252(d)(1)) is amended by adding at the end the following new subparagraph: ``(H) In considering a petition filed under subsection (a) or a request or resolution described in subsection (b), the Commission may waive the 90-day monitoring requirement in subparagraph (C)(i)(I)(aa), if-- ``(i) there is a reasonable expectation, based on all available evidence, including significant increases in production or production capacity for the product occurring in the country from which the like or directly competitive product is imported in the year preceding such petition, request, or resolution, that the product will be imported from that country in the current year in such quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive product; and ``(ii) the quantities of imports of the like or directly competitive product from that country reported for the 1-month period preceding the date of such petition, request, or resolution are consistent with such expectation.''. (c) Conforming Amendments.-- (1) Section 202(a)(2)(B)(i) of such Act (19 U.S.C. 2252(a)(2)(B)(i)) is amended by striking ``subsection (d)(1)(C)(i)'' and inserting ``subsection (d)(1)(C)(i)(I)(aa)''. (2) Section 202(d)(1)(A) of such Act (19 U.S.C. 2252(d)(1)(A)) is amended by striking ``perishable agricultural product or citrus product'' each place it appears and inserting ``perishable agricultural product, citrus product, or potato product''. (3) Section 202(d)(5) of such Act (19 U.S.C. 2252(d)(5)) is amended by adding at the end the following new subparagraph: ``(D) The term `potato product' means any potato product including any processed potato product.''.

Agricultural Trade Reform Act of 1999 - Amends the Trade Act of 1974 to clarify the definition of "domestic industry" to mean, for purposes of providing relief from injury caused by import competition, producers of a like or directly competitive perishable agricultural product, citrus product, or potato product in a specific U.S. geographic area whose collective production in such area of such article constitutes a significant proportion of the total domestic production of such article. Authorizes the International Trade Commission (ITC), when determining whether an article is being imported into the United States in such increased quantities as to be a substantial cause (or threat) of serious injury to the domestic industry producing an article like or directly competitive with such imported article, to treat as the domestic industry only that portion of the production of the product located in the area in the case of one or more domestic producers: (1) who produce a like or directly competitive perishable agricultural product, citrus product, or potato product in a specific U.S. geographic area; (2) whose production of the product in such area constitutes a significant portion of the U.S. domestic industry; and (3) who primarily serve the market in such area. Revises provisional relief provisions to require the ITC to make a determination whether increased imports of such perishable agricultural products (including potato products) are a substantial cause of serious injury (or threat) to the domestic industry producing a like or directly competitive agricultural product (including whether either the serious injury is likely to be difficult to repair by reason of perishability of the like or directly competitive agricultural product, or the serious injury cannot be timely prevented through an ITC investigation) whenever a request made by the President or the USTR or a resolution adopted by specified congressional committees states that provisional trade relief with respect to such perishable agricultural imports may be necessary to prevent or remedy serious injury (or threat) to the domestic industry. Authorizes the ITC, in considering a petition or a request by the President or USTR or an adopted congressional resolution for provisional trade relief from injury caused by import competition, to waive the 90-day monitoring requirement with respect to the import of perishable agricultural products provided certain conditions are met.

Agricultural Trade Reform Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fostering Stable Housing Opportunities Act of 2016''. SEC. 2. DEFINITION OF FAMILY. Subparagraph (A) of section 3(b)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) is amended-- (1) in the first sentence-- (A) by striking ``(v)'' and inserting ``(vi)''; and (B) by inserting after ``tenant family,'' the following: ``(v) a child who is in foster care and has attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months,''; and (2) in the second sentence, by inserting ``or (vi)'' after ``clause (v)''. SEC. 3. PRIORITY FOR PUBLIC HOUSING OCCUPANCY AND SECTION 8 ASSISTANCE. (a) Public Housing.--Subparagraph (A) of section 6(c)(4) of the United States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is amended-- (1) by striking ``this subparagraph'' and inserting ``this clause''; and (2) by striking the subparagraph designation and all that follows through ``making dwelling units available'' and inserting the following: ``(A) making dwelling units in public housing available for occupancy, which shall provide that-- ``(i) except for projects or portions of projects designated for occupancy pursuant to section 7(a), preference shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of `at risk of homelessness' in section 91.5 of the Secretary's regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c); and ``(ii) the public housing agency may establish a system for making dwelling units that are not occupied pursuant to the preference under clause (i) available''. (b) Voucher Assistance.--Subparagraph (A) of section 8(o)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)) is amended-- (1) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; (2) by inserting before clause (ii), as so redesignated by paragraph (1) of this subsection, the following new clause: ``(i) Children aging-out of foster care.-- In making tenant-based assistance under this subsection available on behalf of eligible families, each public housing agency shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of `at risk of homelessness' in section 91.5 of the Secretary's regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c).''; (3) in clause (ii), as so redesignated by paragraph (1) of this subsection, by inserting ``that is not made available in accordance with the preference under clause (i)'' after ``under this subsection''; and (4) in clause (iii), as so redesignated by paragraph (1) of this subsection, by striking ``this subparagraph'' and inserting ``clause (ii)''. (c) PHA Project-Based Voucher Assistance.--Subparagraph (J) of section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(J)) is amended-- (1) in the first sentence, by inserting before the period at the end the following: ``, except that the agency shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of `at risk of homelessness' in section 91.5 of the Secretary's regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c)''; and (2) in the third sentence, by striking ``The agency'' and inserting the following: ``For units that are made available after preference is provided pursuant to the first sentence of this subparagraph, the agency''. (d) Project-Based Section 8 Rental Assistance.--Subparagraph (A) of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended-- (1) by striking ``except that with respect'' and inserting the following: ``except that-- ``(i) in the case of assisted dwelling units in a project assisted with project-based assistance under this section, the tenant selection criteria used by the owner shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of `at risk of homelessness' in section 91.5 of the Secretary's regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c); and ``(ii) with respect''; and (2) by inserting ``after preference is provided pursuant to clause (i)'' after ``to be assisted''. (e) Terms and Conditions on Priority.--Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 37. TERMS AND CONDITIONS ON PREFERENCE FOR ASSISTANCE FOR CHILDREN AGING OUT OF FOSTER CARE. ``(a) Preference.--For purposes of this section, the term `preference for housing assistance' means preference, for an otherwise eligible child in foster care, for-- ``(1) occupancy in a public housing dwelling unit, pursuant to section 6(c)(4)(A)(i); ``(2) tenant-based assistance under section 8(o), pursuant to paragraph (6)(A)(i) of such section; ``(3) project-based assistance under section 8(o)(13), pursuant to subparagraph (J) of such section; and ``(4) occupancy in a dwelling unit in a project assisted with project-based assistance under section 8, pursuant to subsection (d)(1)(A)(i) of such section. ``(b) Early Application for Assistance.--Notwithstanding the period during which a preference for housing assistance is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after such person attains 16 years of age. ``(c) Requirement for Employment, Education, or Training.-- ``(1) In general.--Except as provided in paragraph (2), each person occupying a dwelling unit pursuant to a preference for housing assistance shall be, not later than 12 months after such initial occupancy and for at least 9 months of each successive 12-month period thereafter-- ``(A) employed on average at least 35 hours of service per week; ``(B) engaged in vocational, technical, or workforce development training or in an apprenticeship, on a full-time basis, as classified by a vocational, technical, workforce development training institution or entity; ``(C) enrolled in a secondary school, an institution of higher education, or other institution providing post-secondary education, on a full-time basis, as classified by an educational institution; or ``(D) engaged in a combination of activities described in subparagraphs (A) through (C) to such an extent that, in the aggregate, such engagement is on such a full-time basis. The Secretary shall require the public housing agency or project owner, as applicable, to verify compliance with the requirement under this paragraph by each person occupying a dwelling unit assisted or administered by such agency or owner, as applicable, pursuant to a preference for housing assistance annually in conjunction with reviews of income for purposes of determining eligibility for assistance described in subsection (a). ``(2) Exceptions.--The requirement under paragraph (1) shall not apply to-- ``(A) a person physically or mentally unfit for employment, as determined in accordance with such standards as the Secretary shall establish; ``(B) a parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person; and ``(C) a person who is regularly and actively participating in a drug addiction or alcoholic treatment and rehabilitation program. ``(d) Limitation on Bedrooms.--A dwelling unit that is occupied by a person, or assisted with assistance made available on behalf of a person, pursuant to a preference for housing assistance may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit, or receive assistance made available, pursuant to a preference for housing assistance. ``(e) Termination of Assistance.--The public housing agency or project owner, as applicable, shall terminate any occupancy of, or assistance on behalf of, a person pursuant to any preference for housing assistance upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under subsection (c), except that nothing in this clause may be construed to prohibit or affect the eligibility of any person for occupancy of housing assisted under this title or rental assistance under section 8, that is provided other than pursuant to a preference under this subparagraph.''. SEC. 4. PRIORITY FOR RURAL RENTAL ASSISTANCE. Paragraph (2) of section 521(a) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) is amended by adding at the end the following new subparagraph: ``(F)(i) In making occupancy in a project assisted under this paragraph, and rental assistance under this paragraph, available on behalf of eligible families, the project owner shall give preference to otherwise eligible children who-- ``(I) are in foster care; ``(II) have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months; ``(III) meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of `at risk of homelessness' in section 91.5 of the Secretary of Housing and Urban Development's regulations (24 C.F.R. 91.5), as in effect on September 1, 2016; and ``(IV) have agreed to comply with the requirements under clause (iii). ``(ii) Notwithstanding the period during which a preference pursuant to clause (i) for occupancy in project assisted under this paragraph or for rental assistance under this paragraph is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after the person attains 16 years of age. ``(iii)(I) Except as provided in subclause (II), each person occupying a dwelling unit pursuant to a preference under this subparagraph shall be, not later than 12 months after such initial occupancy and for at least 9 months of each successive 12-month period thereafter-- ``(aa) employed on average at least 35 hours of service per week; ``(bb) engaged in vocational, technical, or workforce development training or in an apprenticeship, on a full-time basis, as classified by a vocational, technical, workforce development training institution or entity; ``(cc) enrolled in a secondary school, an institution of higher education, or other institution providing post-secondary education, on a full-time basis, as classified by an educational institution; or ``(dd) engaged in a combination of activities described in items (aa) through (cc) to such an extent that, in the aggregate, such engagement is on such a full-time basis. The Secretary shall require a project owner to verify compliance with the requirement under this subclause by each person occupying a dwelling unit pursuant to a preference under this subparagraph annually in conjunction with reviews of income for purposes of determining eligibility for assistance described in clause (i). ``(II) The requirement under subclause (I) shall not apply to-- ``(aa) a person physically or mentally unfit for employment, as determined in accordance with such standards as the Secretary shall establish; ``(bb) a parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person; and ``(cc) a person who is regularly and actively participating in a drug addiction or alcoholic treatment and rehabilitation program. ``(iv) A dwelling unit that is occupied by a person pursuant to a preference under this subparagraph may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit pursuant to a preference under this subparagraph. ``(v) The project owner shall terminate any occupancy of a person pursuant to the preference under clause (i) upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under clause (ii), except that nothing in this clause may be construed to prohibit or affect the eligibility of any person for occupancy in a project assisted under this paragraph or for rental assistance under this paragraph, other than pursuant to a preference under this subparagraph.''. SEC. 5. REPORTS TO CONGRESS. (a) Requirement.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall jointly submit reports to the Congress regarding the status and outcomes of persons provided preference for housing assistance pursuant to the amendments made by sections 2 through 4 of this Act. (b) Contents.--Reports under this section shall include such information as may be necessary to assess and evaluate the long-term success of providing preference for housing assistance pursuant to such amendments and to identify any changes to facilitate improving such success. Such reports shall include information regarding the outcomes for persons provided such preference with respect to the period beginning upon initial provision of such housing assistance on behalf of such person and ending 10 years after termination of such assistance and shall include the following information regarding such persons: (1) Employment and career status. (2) Housing situation. (3) Educational, training, or vocational attainment. (4) Physical, mental, and emotional well-being (including any instances of substance abuse). (5) Instances of arrests, incarcerations, and other interactions with the criminal justice system. (6) Marital and familial status. (7) Any other relevant information as the Secretaries consider appropriate to facilitate successful operation of the program under the amendments made by this Act. (c) Protection of Privacy.--Reports under this section shall contain aggregate information regarding outcomes described in subsection (b) and shall not contain any personally identifiable information. (d) Timing.--The first report under this section shall be submitted to the Congress not later than the expiration of the 10-year period beginning on the date of the enactment of this Act and the Secretaries referred to in subsection (a) shall submit a report not later than the expiration of each successive 5-year period thereafter.

Fostering Stable Housing Opportunities Act of 2016 This bill amends the United States Housing Act of 1937 to include within the definition of "families" a child who is in foster care and has attained an age such that the provision of foster care for such child will end by reason of the age of the child within six months. Preference is given, subject to certain terms and conditions, for public housing occupancy and section 8 housing assistance under such Act to certain otherwise eligible children who are aging out of foster care and are at-risk for homelessness. The bill amends the Housing Act of 1949 to give preference for rural rental assistance to certain otherwise eligible children who are aging out of foster care and are at-risk of homelessness.

Fostering Stable Housing Opportunities Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Security Accounts for Individuals with Disabilities Act of 2007''. SEC. 2. FINANCIAL SECURITY ACCOUNTS FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by inserting after part VIII the following new part: ``PART IX--SAVINGS FOR INDIVIDUALS WITH DISABILITIES ``Sec. 530A. Financial security accounts for individuals with disabilities. ``SEC. 530A. FINANCIAL SECURITY ACCOUNTS FOR INDIVIDUALS WITH DISABILITIES. ``(a) General Rule.--A financial security account for an individual with a disability shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Financial security account for an individual with a disability.--The term `financial security account for an individual with a disability' means a trust created or organized in the United States (and designated as a financial security account for an individual with a disability at the time created or organized) exclusively for the purpose of paying qualified disability expenses of an individual who is disabled and who is the designated beneficiary of the trust, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted-- ``(i) unless it is in cash, and ``(ii) except in the case of rollover contributions described in subsection (c)(4), if such contribution would result in aggregate contributions for the taxable year and all preceding taxable years exceeding $500,000. ``(B) The trustee is a bank (as defined in section 408(n)), a parent or guardian of the designated beneficiary, a designee of a parent or guardian of the designated beneficiary, the designated beneficiary, or another person, who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(2) Qualified disability expenses.--The term `qualified disability expenses' means, with respect to an individual with a disability, amounts paid or incurred, not compensated for by insurance or otherwise, for-- ``(A) education, medical and dental care, community based support services, employment training and support, moving, and assistive technology, ``(B) after the designated beneficiary has attained the age of 18, housing and transportation, and ``(C) funeral and burial services and property. ``(3) Individual with a disability.--An individual is an individual with a disability if such individual is receiving supplemental security income benefits under title XVI of the Social Security Act or an individual otherwise eligible to receive such benefits notwithstanding the income and assets tests required for eligibility for such benefits. ``(4) Rules relating to estate and gift tax.--Rules similar to the rules of paragraphs (2), (4), and (5) of section 529(c) shall apply for purposes of this section. ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of a financial security account for an individual with a disability shall be included in gross income by the payee or distributee, as the case may be, for the taxable year in which received in the manner as provided in section 72. ``(2) Distributions for benefit of designated beneficiary.-- ``(A) In general.--No amount shall be includible in gross income under paragraph (1) if the qualified disability expenses of the designated beneficiary during the taxable year are not less than the aggregate distributions during the taxable year. ``(B) Distributions in excess of expenses.--If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified disability expenses bear to such aggregate distributions. ``(C) Disallowance of excluded amounts as deduction, credit, or exclusion.--No deduction, credit, or exclusion shall be allowed to the taxpayer under any other section of this chapter for any qualified disability expenses to the extent taken into account in determining the amount of the exclusion under this paragraph. ``(3) Additional tax for distributions not used for benefit of designated beneficiary.-- ``(A) In general.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a financial security account for an individual with a disability shall be increased by 10 percent of the amount thereof which is includible in gross income under paragraph (1). ``(B) Exception.--Subparagraph (A) shall not apply if the payment or distribution is made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary. ``(C) Contributions returned before certain date.-- Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year if-- ``(i) such distribution is made before the first day of the sixth month of the taxable year following the taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in gross income for the taxable year in which such excess contribution was made. ``(4) Rollovers.--Paragraph (1) shall not apply to any amount paid or distributed from a financial security account for an individual with a disability to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into another financial security account for an individual with a disability for the benefit of the same beneficiary. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(5) Change in beneficiary.--Any change in the beneficiary of a financial security account for an individual with a disability shall not be treated as a distribution for purposes of paragraph (1) if the new beneficiary is disabled and is a member of the family (as defined in section 529(e)(2)) of the old beneficiary. ``(d) Tax Treatment of Accounts.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any financial security account for an individual with a disability. ``(e) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if-- ``(1) the assets of such account are held by a bank (as defined in section 408(n) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and ``(2) the custodial account would, except for the fact that it is not a trust, constitute an account described in subsection (c)(1). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of a financial security account for an individual with a disability shall make such reports regarding such account to the Secretary and to the 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. ``(h) Coordination With Means-Tested Programs.--Amounts held by, or paid or distributed from, a financial security account for an individual with a disability shall not be treated as income or assets, and shall not be taken into account in determining eligibility for, or the amount or extent of, benefits provided by any program funded in whole or in part with Federal funds.''. (b) Conforming Amendments.-- (1) Penalty for failure to meet minimum distribution requirement.--Subsection (c) of section 4974 of such Code is amended by striking ``or'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, or'', and by inserting after paragraph (5) the following new paragraph: ``(6) any financial security account for an individual with a disability (as defined in section 530A(b)).''. (2) Tax on prohibited transactions.-- (A) In general.--Paragraph (1) of section 4975(e) of such Code (defining plan) is amended by redesignating subparagraph (G) as subparagraph (H), by striking ``or'' at the end of subparagraph (F), and by adding after subparagraph (F) the following: ``(G) a financial security account for an individual with a disability described in section 530A, or''. (B) Exemption.--Subsection (d) of section 4975 of such Code (relating to exemptions) is amended by striking ``or'' at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ``; or'', and by inserting after paragraph (23) the following: ``(24) in the case of a financial security account for an individual with a disability, any transaction to provide housing or other services by a family member to or for the designated beneficiary of the trust to the extent that such transaction does not exceed the fair market value of the housing or service (as the case may be) provided.''. (C) Special rule.--Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(7) Special rule for financial security account for individuals with disabilities.--An individual for whose benefit a financial security account for an individual with a disability 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 section 530A(d) applies with respect to such transaction.''. (3) Rollovers from qualified tuition programs and education savings accounts.-- (A) Qualified tuition programs.--Paragraph (3) of section 529(c) of such Code is amended by adding at the end the following new subparagraph: ``(E) Contributions to financial security account for an individual with a disability.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is contributed to a financial security account for an individual with a disability for the benefit of the designated beneficiary.''. (B) Education savings account.--Subsection (d) of section 530 of such Code is amended by adding at the end the following new paragraph: ``(9) Contributions to financial security account for an individual with a disability.--Paragraph (1) shall not apply to any amount paid or distributed from a Coverdell education savings account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into a financial security account for an individual with a disability for the benefit of the same beneficiary.''. (4) Reports.--Paragraph (2) of section 6693(a) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 530A(g) (relating to financial security accounts for individuals with disabilities).''. (5) Exclusion from income.--Subsection (b) of section 1612 of the Social Security Act (42 U.S.C. 1382a) is amended by striking ``or'' at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ``; or'', and by inserting after paragraph (23) the following: ``(24) any contribution to a financial security account for an individual with a disability.''. (c) Clerical Amendment.--The table of parts for subchapter F of chapter 1 of such Code is amended by inserting after the item relating to part VIII the following new item: ``Part IX. Savings for Individuals With Disabilities.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Financial Security Accounts for Individuals with Disabilities Act of 2007 - Amends the Internal Revenue Code to establish tax-exempt financial security accounts for individuals with disabilities to pay certain expenses of such individuals, including expenses for education, medical care, and employment training.

To amend the Internal Revenue Code of 1986 to provide for the establishment of financial security accounts for the care of family members with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combatting Illegal College and University Gambling Act''. SEC. 2. FINDINGS. Congress finds that-- (1) illegal gambling on college sports is a serious national problem; (2) illegal gambling by college students and other underage persons, particularly on sports, is a serious national problem that warrants effective national countermeasures to combat it; (3) recent scientific reports suggest a very high incidence of illegal gambling among college students, on college sporting events; (4) illegal student bookies are present at every collegiate institution; (5) there is evidence that illegal sports gambling, including that conducted on college and university campuses through illegal student bookies, is linked to organized crime and is a major source of revenue for organized crime operations; (6) the FBI estimates that close to $2,500,000,000 is wagered illegally on the National Collegiate Athletic Association Division I Men's Basketball Tournament each year; (7) in Nevada, the only State where such sports betting is legal, the 1998 National Collegiate Athletic Association Division I Men's Basketball Tournament saw approximately $80,000,000 wagered with Nevada's regulated sports books, or only three percent of that wagered illegally elsewhere; (8) there are no comprehensive studies available that analyze the prevalence of illegal gambling on college sports; (9) the National Gambling Impact Study Commission (NGISC) (as authorized under Public Law 104-169) was expressly limited by its statutory charter to a study of legal gambling but did recommend that the role of illegal sports gambling be examined in future gambling related research including research by agencies of the Department of Justice; (10) the issue of illegal gambling on college sports is still largely overlooked by college administrators; (11) there needs to be comprehensive gambling education programs conducted on each campus that target all students as recommended by the NGISC; (12) illegal gambling on college sports will continue to flourish throughout the United States unless a strong effort is made to enforce State and Federal laws prohibiting such activity; (13) in order to combat illegal gambling on college sports in this country, law enforcement must ensure that compliance with Federal and State laws is a high priority; and (14) absent meaningful countermeasures, including implementation of more effective student awareness and education campaigns, illegal gambling on college sports will continue to be a problem on college and university campuses across the United States. SEC. 3. STUDY OF GAMBLING ON COLLEGE AND UNIVERSITY CAMPUSES. (a) Establishment of Panel.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a panel, which shall be composed of Federal, State, and local government law enforcement officials, to conduct a study of illegal college sports gambling. (b) Contents of Study.--The study conducted by the panel established under subsection (a) shall include an analysis of-- (1) the scope and prevalence of illegal college sports gambling, including unlawful sports gambling (as defined in section 3702 of title 28, United States Code); (2) the role of organized crime in illegal gambling on college sports; (3) the role of State regulators and the legal sports books in Nevada in assisting law enforcement to uncover illegal sports gambling and related illegal activities; (4) the enforcement and implementation of the Professional and Amateur Sports Protection Act of 1992, including whether it has been adequately enforced; (5) the effectiveness of steps taken by institutions of higher education to date, whether individually or through national organizations, to reduce the problem of illegal gambling on college sports; (6) the factors that influence the attitudes or levels of awareness of administrators, professors, and students, including student athletes, about illegal gambling on college sports; (7) the effectiveness of new countermeasures to reduce illegal gambling on college sports, including related requirements for institutions of higher education and persons receiving Federal education funds; (8) potential actions that could be taken by the National Collegiate Athletic Association to address illegal gambling on college and university campuses; and (9) other matters relevant to the issue of illegal gambling on college sports as determined by the Attorney General. SEC. 4. REPORT TO CONGRESS. Not later than 12 months after the establishment of the panel, the Attorney General shall submit to Congress a report on the study conducted under section 3, which shall include-- (1) recommendations for actions colleges, universities, and the National Collegiate Athletic Association should implement to address the issue of illegal gambling on college sports; (2) recommendations for intensive educational campaigns which the National Collegiate Athletic Association could implement to assist in the effort to prevent illegal gambling on college sports; (3) recommendations for any Federal and State legislative actions to address the issue of illegal gambling on college sports; and (4) recommendations for any administrative or private sector actions to address the issue of illegal gambling on college sports.

(Sec. 4) Directs the Attorney General to submit to Congress a report on the study, including recommendations for: (1) Federal and State legislative actions, administrative or private sector actions, and actions by colleges, universities, and the NCAA to address the issue; and (2) intensive educational campaigns by the NCAA to assist in the effort to prevent illegal gambling on college sports.

Combatting Illegal College and University Gambling Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Emergency Responders Organization Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Federal Government must enhance the ability of first responders to coordinate and respond to incidents of terrorism, including incidents involving weapons of mass destruction; and (2) as a result of the events of September 11, 2001, it is necessary to empower the Federal Emergency Management Agency (in this section referred to as ``FEMA'') to distribute Federal grant monies to States and local communities and, define and clarify the terms and conditions under which such funds will be dispersed, spent, matched, and reported. (b) Purposes.--The purposes of this Act are-- (1) to establish within FEMA the Office of National Preparedness; (2) to establish a program, with criteria and guidelines, for first responders to utilize Federal grants to enhance their ability to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and (3) to establish a program, with criteria and guidelines, for States to utilize Federal grant dollars in establishing coordinated interstate and intrastate antiterrorism programs, establishing mutual aid programs, planning, developing, and executing terrorism response exercises, and establishing or upgrading statewide emergency notification capabilities, such as the ``Amber Alert project'' in California and Texas, and such other purposes as the Director of FEMA determines. SEC. 3. DEFINITIONS. (a) Major Disaster.--Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by inserting ``incident of terrorism,'' after ``drought),''. (b) Weapon of Mass Destruction.--Section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165a(a)) is amended by adding at the end the following: ``(11) Weapon of mass destruction.--The term `weapon of mass destruction' means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors, disease organisms, or radiation or radioactivity.''. SEC. 4. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS. Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following: ``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS. ``(a) In General.--There is established in the Federal Emergency Management Agency an office to be known as the `Office of National Preparedness' (referred to in this section as the `Office'). ``(b) Deputy Director.--The Office shall be headed by a Deputy Director. ``(c) Duties.-- ``(1) Points of contact.--Not later than 30 days after the date of the establishment of the Office, the Deputy Director shall designate a national preparedness point of contact in each of the 10 regional offices of the Agency. ``(2) Eligibility criteria.--Not later than 90 days after the date of the establishment of the Office, the Deputy Director shall establish criteria to determine eligibility of local first responders to receive grants under section 630. ``(3) Distribution of funds.--Not later than 90 days after the date of the establishment of the Office, the Deputy Director shall establish an expeditious method of distributing grant funds under section 630 to first responders through the regional points of contact designated under paragraph (1). ``(4) Emergency communications equipment standards.--Not later than 120 days after the date of the establishment of the Office, the Deputy Director shall establish standards for emergency communications equipment to ensure interoperability and deny grants under section 630 to State and first responders that do not comply with those standards. ``(5) Response equipment standards.--Not later than 120 days after the date of the establishment of the Office, the Deputy Director shall establish standards for equipment to be used by personnel that have responsibilities relating to homeland preparedness or security, or both, and that are under the jurisdiction of a first responder to respond to incidents of terrorism, including incidents involving weapons of mass destruction. ``(6) Standards for terrorism preparedness.--Not later than 1 year after the date of the establishment of the Office, the Deputy Director shall establish clearly defined standards and guidelines for terrorism preparedness and response by State governments to ensure interstate and intrastate response capabilities. ``(7) Web site.--Not later than 1 year after the date of the establishment of the Office, the Deputy Director shall create a Web site for use by States and local first responders for purposes of sharing information on homeland security preparedness. ``(8) Progress report.--Not later than 1 year after the date of the establishment of the Office, the Director shall transmit to Congress a report on the progress of the Office in carrying out its duties under paragraphs (1) through (7). ``(9) Response capability.--Not later than 3 years after the date of the establishment of the Office, the Deputy Director shall lead a coordinated and integrated effort to build a nationwide viable terrorism preparedness and response capability. ``(10) Training standards.--The Deputy Director shall establish standards for the training of personnel that have responsibilities relating to homeland preparedness or security, or both, and that are under the jurisdiction of a first responder. ``(11) Miscellaneous.--The Office and Deputy Director shall carry out such other duties as the Director may delegate. ``(d) Use of Existing Resources.--In carrying out this section, the Deputy Director shall-- ``(1) use existing resources, including personnel of the Agency and, when appropriate, planning documents, equipment lists, program inventories, and plans of the Department of Agriculture, the Department of Transportation, and the Department of Health and Human Services; and ``(2) consult with and use-- ``(A) existing Federal interagency boards and committees; ``(B) existing Government agencies; and ``(C) nongovernmental organizations.''. SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS. Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding at the end the following: ``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS. ``(a) Definitions.--In this section and section 616, the following definitions apply: ``(1) State.--The term `State' means the 50 States. ``(2) First responder.--The term `first responder' means any local governmental entity, Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450(b)), Indian tribe organization, or Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) that has jurisdiction over 1 or more of the following: ``(A) Law enforcement officers. ``(B) Firefighters. ``(C) Emergency personnel. ``(D) Public and environmental health personnel. ``(E) Such other personnel with duties related to homeland preparedness or security, or both, as the Director may determine. ``(b) Grant Program.--The Deputy Director of the Office of National Preparedness shall establish a program to make grants to first responders and States to prepare for and respond to incidents of terrorism, including incidents involving weapons of mass destruction. ``(c) Maintenance of Effort.-- ``(1) In general.--No first responder or State shall be eligible to receive a grant under this section unless the aggregate expenditures of the first responder or State for homeland preparedness and security (as defined by the Deputy Director) are maintained at a level which does not fall below the average level of such expenditures for its 2 fiscal years preceding the date of receipt of the grant. ``(2) Enforcement.--If a first responder or State does not meet the aggregate expenditure for homeland preparedness and security required under paragraph (1) in a fiscal year, the Director shall withhold the amount of a grant from the first responder or State until the first responder or State makes such expenditure. ``(d) Uses of Grants.--Grants made under this section-- ``(1) may be used by a first responder only-- ``(A) to purchase interoperable equipment in compliance with Federal standards established by the Federal Emergency Management Agency section 616(c)(4); ``(B) to train personnel that have responsibilities relating to homeland preparedness or security, or both, and that are under the jurisdiction of the first responder; ``(C) to upgrade emergency operating centers; ``(D) to conduct terrorism response exercises; ``(E) to compensate for overtime costs incurred in carrying out activities under subparagraphs (B) and (D) or as approved by the Deputy Director; and ``(F) to carry out such other related activities or to purchase materials or equipment as are approved by the Deputy Director; and ``(2) may be used by States only-- ``(A) to establish coordinated interstate and intrastate antiterrorism programs; ``(B) to establish mutual aid programs; ``(C) to plan and develop and execute terrorism response exercises; ``(D) to establish or upgrade statewide emergency notification systems; and ``(E) to carry out such other related activities, or to purchase such materials and equipment, as are approved by the Deputy Director. ``(e) Allocation of Funds.--Subject to advance appropriations, the Deputy Director shall make-- ``(1) a grant under this section to each State in each of fiscal years 2003 through 2007 of $10,000,000; ``(2) grants to first responders under this section, through the regional points of contact of the Agency designated under section 616(c)(1), in an amount not to exceed $50,000,000 per Agency region in each of fiscal years 2003 through 2007 based on-- ``(A) the likelihood of a terrorism attack as determined by the appropriate Federal agency responsible for making terrorism threat assessments; ``(B) the location of the population for which the first responders have responsibility; ``(C) the proximity to vital infrastructure, including-- ``(i) military installations; ``(ii) public buildings (as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612)); ``(iii) nuclear power plants; ``(iv) chemical plants; and ``(v) national landmarks; and ``(D) the proximity to international borders; ``(3) grants in such amounts to first responders in rural, nonurban areas as the Director determines appropriate; and ``(4) grants in such amounts to such other first responders having responsibility for homeland preparedness or security, or both, as the Deputy Director determines appropriate. ``(f) Administrative Expenses.-- ``(1) States.--Not more than 2 percent of a grant made to a State under this section may be used for administrative expenses of carrying out its responsibilities under this section. ``(2) Local first responders.--Not more than 2 percent of a grant made to a first responder under this section may be used for administrative expenses of carrying out its responsibilities under this section. ``(g) Accountability and Oversight.-- ``(1) Agency objectives and reports.-- ``(A) Objectives.--The Deputy Director shall develop quantifiable, measurable objectives for achieving improved homeland preparedness and security at the regional level. ``(B) Reports.--The Deputy Director shall require each regional point of contact of the Agency designated under section 616(c)(1) to make annual reports to the Deputy Director on improvements in homeland preparedness and security within the region and to report failures to meet the quantifiable objectives developed under subparagraph (A) to the Inspector General of the Agency. ``(2) State objectives and reports.-- ``(A) Reports.--Each State, as a condition of receipt of a grant under this section, shall develop quantifiable, measurable objectives for achieving improved homeland preparedness and security at the State level. ``(B) Objectives.--Within 1 year of the date of receipt of a grant under this section, a State shall report to the Deputy Director on progress made in meeting the objectives it developed under subparagraph (A), how grant funds were used to meet such objectives, and any failures to meet such objectives. ``(3) Repayment.--If the Deputy Director determines that a first responder or State has improperly used Federal funds made available under this section, the first responder or State shall be liable to repay to the United States the amount determined by the Deputy Director to have been used improperly. ``(h) Administrative Expenses.--The Deputy Director may use not more than 5 percent of the amounts appropriated to carry out this section for a fiscal year to establish and maintain the Office of National Preparedness under section 616 and for administrative expenses of carrying out this section in such fiscal year. ``(i) Coordination.--The Director shall establish working relationships with other Federal agencies to prevent duplication of assistance to first responders and States for purposes of homeland preparedness and security.''.

Homeland Emergency Responders Organization Act of 2002 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include an incident of terrorism within its definition of "major disaster" for purposes of authorized disaster relief.Establishes in the Federal Emergency Management Agency the Office of National Preparedness, to be headed by a Deputy Director who shall establish standards for: (1) emergency communications equipment to ensure interoperability, and equipment to be used by personnel responsible for homeland preparedness or security, or both, that are under the jurisdiction of a first responder to respond to incidents of terrorism (including incidents involving weapons of mass destruction incidents); (2) terrorism preparedness and response by State governments to ensure interstate and intrastate response capabilities; and (3) training of such personnel. Directs the Deputy Director to lead a coordinated and integrated effort to build a nationwide viable terrorism preparedness and response capability, including the creation of a Web site for use by States and local first responders to share information on homeland security preparedness.Directs the Deputy Director to establish a program to make grants to first responders and States to prepare for and respond to incidents of terrorism, including incidents involving weapons of mass destruction. Sets forth grant requirements.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish a program to provide Federal grants to first responders to enhance their ability to respond to incidents of terrorism, including incidents involving weapons of mass destruction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Discriminatory State Taxes for Automobile Renters Act of 2017''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Congress has prohibited economic protectionism by State and local governments that unduly burden or discriminate against interstate commerce and transportation under the authority granted by the Commerce Clause of the Constitution by enacting laws such as the Railroad Revitalization and Regulatory Reform Act of 1976, the Motor Carrier Act of 1980, the Bus Regulatory Reform Act of 1982, and the Airport and Airway Improvement Act of 1982. (2) In Gibbons v. Ogden (22 U.S. 1 (1824)), a case challenging the exclusive right of navigating the waters of New York granted by that State, the Supreme Court affirmed that it is the sole right of Congress to regulate commerce between the States under what Chief Justice John Marshall recognized as the dormant Commerce Clause. (3) Since 1990, over 100 discriminatory taxes have been imposed by State and local governments on motor vehicle rentals in violation of the dormant Commerce Clause. (b) Purpose.--The purpose of this Act is to prohibit prospectively, and provide a remedy for, tax discrimination by a State or Locality against the rental of motor vehicles. SEC. 3. PROHIBITION ON DISCRIMINATION. (a) In General.--Chapter 805 of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 80505. TAX DISCRIMINATION AGAINST MOTOR VEHICLE RENTAL PROPERTY. ``(a) Definitions.--In this section: ``(1) Assessment and assessment jurisdiction.-- ``(A) Assessment.--The term `assessment' has the meaning given that term in section 11501(a)(1). ``(B) Assessment jurisdiction.--The term `assessment jurisdiction' has the meaning given that term in section 11501(a)(2). ``(2) Commercial and industrial property.--The term `commercial and industrial property' means property, other than motor vehicle rental property and land used primarily for agricultural purposes or timber growing, which is devoted to a commercial or industrial use. ``(3) Commercial and industrial taxpayers.--The term `other commercial and industrial taxpayers' means persons or entities who are engaged in a trade or business, other than the trade or business of renting motor vehicles, within a State or Locality. ``(4) Covered person.--The term `covered person' means a person who-- ``(A) rents motor vehicles to another person; ``(B) is engaged in the business of renting motor vehicles; ``(C) owns motor vehicle rental property; ``(D) rents a motor vehicle from another person; or ``(E) purchases motor vehicle rental property. ``(5) Discriminatory tax.--The term `discriminatory tax' includes the following: ``(A) A tax discriminates against the rental of motor vehicles if a State or Locality imposes the tax on, or with respect to-- ``(i) the rental of motor vehicles but the tax is not a generally applicable tax on, or with respect to, more than 51 percent of the rentals of other tangible personal property within the State or Locality; or ``(ii) the rental of motor vehicles at a tax rate that exceeds the generally applicable tax rate on at least 51 percent of the rentals of other tangible personal property within the same State or Locality. ``(B) A tax discriminates against the business of renting motor vehicles if a State or Locality imposes the tax on, or with respect to-- ``(i) the business of renting motor vehicles but the tax is not a generally applicable tax on, or with respect to, more than 51 percent of the businesses of other commercial and industrial taxpayers within the State or Locality, on the same tax base as the State or Locality employs with respect to the business of renting motor vehicles; or ``(ii) the business of renting motor vehicles at a tax rate that exceeds the generally applicable tax rate on at least 51 percent of the business of commercial and industrial taxpayers within the State or Local jurisdiction. ``(C) A tax discriminates against motor vehicle rental property if a State or Locality-- ``(i) assesses motor vehicle rental property at a value that has a higher ratio to the true market value of the property than the ratio of the assessed value to the true market value applicable to commercial and industrial property in the same assessment jurisdiction; ``(ii) levies or collects a tax on an assessment that may not be made under clause (i); or ``(iii) levies or collects an ad valorem property tax on motor vehicle rental property at a generally applicable tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. ``(6) Local or locality.--The terms `Local' and `Locality' mean a political subdivision of any State, or any governmental entity or person acting on behalf of such Locality, with the authority to impose, levy, or collect taxes. ``(7) Motor vehicle.--The term `motor vehicle' has the meaning given that term in section 13102(16). ``(8) Motor vehicle rental property.--The term `motor vehicle rental property' means property owned or used by a person engaged in the business of renting motor vehicles and used to provide rentals of motor vehicles. ``(9) Rental of motor vehicles.--The term `rental of motor vehicles' means the rental of a motor vehicle that is given by the owner of the motor vehicle for exclusive use to another for not longer than 180 days for valuable consideration and only includes the rental of motor vehicles with a prearranged driver or motor vehicles without a driver, but shall not include taxi cab service as defined by section 13102(22). ``(10) Rentals of other tangible personal property.--The term `rentals of other tangible personal property' means any rental of tangible personal property, other than the rental of motor vehicles. ``(11) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any governmental entity or person acting on behalf of such State, and with the authority to impose, levy, or collect taxes. ``(12) Tax.--Except as otherwise specifically provided below, the term `tax' means any type of charge required by statute, regulation, or agreement to be paid or furnished to a State or Locality, regardless of whether such charge is denominated as a tax, a fee, or any other type of exaction. The term `tax' does not include any charge imposed by a State or Locality with respect to a concession agreement at a federally assisted airport (provided the agreement does not violate the revenue diversion provisions of section 47107(b), or the registration, licensing, or inspection of motor vehicles), if the charge is imposed generally with respect to motor vehicles, without regard to whether such vehicles are used in the business of renting motor vehicles within the State or Locality. ``(13) Tax base.--The term `tax base' means the receipts, income, value, weight, or other measure of a tax to which the rate is applied. The `tax base' of a tax imposed on a per unit basis is the unit. ``(14) Generally applicable tax.--The term `generally applicable tax' may be determined by-- ``(A) the gross receipts of rentals of other tangible personal property or other commercial and industrial taxpayers within the State or Locality to which the tax is imposed by the State or Locality compared to the gross receipts of rentals of other tangible personal property or other commercial and industrial taxpayers within the State or Locality; or ``(B) another method used to determine whether more than 51 percent of rentals of other tangible personal property or other commercial and industrial taxpayers is subject to the tax. ``(b) Unreasonable Burdens and Discrimination Against Interstate Commerce.-- ``(1) In general.--The following acts unreasonably burden and discriminate against interstate commerce, and a State or Locality may not do any of them: ``(A) Levy or collect a discriminatory tax on the rental of motor vehicles. ``(B) Levy or collect a discriminatory tax on the business of renting motor vehicles. ``(C) Levy or collect a discriminatory tax on motor vehicle rental property. ``(2) Exclusion.--Discriminatory taxes are not prohibited under this section if the tax is imposed as of the date of the enactment of this section, does not lapse, the tax rate does not increase, and the tax base for such tax does not change. ``(c) Remedies.-- ``(1) In general.--Notwithstanding section 1341 of title 28, a covered person aggrieved of a violation of subsection (b) may bring a civil action in a district court of the United States seeking damages, injunctive relief, other legal or equitable relief, or declaratory relief. ``(2) Relief.--In granting relief against a tax levied or collected in violation of subsection (b), if the tax is a discriminatory tax the court shall strike only the discriminatory or excessive portion of the tax. ``(3) Burden of proof.-- ``(A) In general.--Except as provided in subparagraph (B), a covered person shall have the burden of proving, by a preponderance of the evidence, that the levying or collecting of a tax violates subsection (b). ``(B) Equivalent of other taxes.--If the court determines that the levying or collecting of a tax violates subsection (b), the State or Locality shall have the burden of proving, by a preponderance of the evidence, that the tax is the equivalent of a tax imposed on other commercial and industrial taxpayers under paragraph (2). ``(4) Other remedies.--Nothing in this subsection shall limit any cause of action or remedy available under any other provision of Federal or State law. ``(d) Limitations.--This section shall not be construed to constitute the consent of Congress to State or Local taxation that would be prohibited in the absence of this section.''. (b) Clerical Amendment.--The table of sections for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following: ``80505. Rules relating to State taxation with respect to automobile rentals.''.

End Discriminatory State Taxes for Automobile Renters Act of 2017 This bill prohibits state or local taxes that discriminate against the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property, except where such tax is imposed as of the enactment date of this bill, the tax does not lapse, the tax rate does not increase, and the tax base for such tax does not change. A tax that is imposed on the rental of motor vehicles or a motor vehicle rental business is discriminatory if: (1) it is not generally applicable to more than 51% of other rentals of tangible personal property or businesses within a state or locality on the same tax base as the state or locality employs respect to the business of renting motor vehicles, or (2) the rate exceeds the generally applicable tax rate on at least 51% of the other rentals of tangible personal property or businesses within the jurisdiction. A tax discriminates against motor vehicle rental property if a state or locality: (1) assesses the property at a value that has a higher ratio to the true market value of the property than the ratio applicable to commercial and industrial property, or (2) levies or collects either a tax on an assessment prohibited by this bill or an ad valorem property tax on motor vehicle rental property at a generally applicable rate that exceeds the rate for commercial and industrial property in the jurisdiction. A person who is aggrieved by a discriminatory tax may bring a civil action in a U.S. district court for damages, injunctive relief, other legal or equitable relief, or declaratory relief.

End Discriminatory State Taxes for Automobile Renters Act of 2017

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Shipping Income Reform Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section of the Internal Revenue Code of 1986. SEC. 2. ELIMINATION OF CERTAIN FOREIGN BASE COMPANY SHIPPING INCOME FROM FOREIGN BASE COMPANY INCOME. Subsection 954(b) is amended by inserting the following paragraph (2): ``(2) Exclusion for certain shipping income.-- ``(A) Income of certain foreign corporations.--For purposes of subsection (a), foreign base company income does not include-- ``(i) income derived from the operation of a vessel registered in the Bahamas, Honduras, the Republic of Liberia, the Republic of Panama, the Republic of the Marshall Islands, or such other country as the Secretary of Transportation certifies, if the owner, operator, or a member of its controlled group, as defined in subparagraph (E)(iii), enters into an agreement with the Secretary of Transportation to own or operate a qualified U.S.-flag fleet for at least 320 days of the taxable year; or ``(ii) the shipping income of a controlled foreign corporation that owns or operates vessels that do not derive U.S.-source income (other than dividend or interest income) in the taxable year and have not engaged in the carriage of any cargoes in the U.S. import or export trade in that period. For purposes of the preceding sentence, the term `U.S. import or export trade' shall mean the carriage of goods or other commodities to or from United States ports whether or not via transshipment at a foreign port; and a charter to a member of a controlled group (as defined in subparagraph (E)(iii) shall not be considered carriage in the U.S. import or export trade. ``(B) Income of caribbean basin shipping corporation.--For purposes of subsection (a), foreign base company income does not include income derived from the operation of a vessel owned by a Caribbean Basin Shipping Corporation. ``(C) Inapplicability to petroleum transportation.--The exclusions set forth in subparagraphs (A) and (B) shall not apply to foreign base company shipping income properly allocable to any vessel engaged in the carriage of petroleum or related products or byproducts if the controlled group (as defined in section 267(f)(1) without regard to section 1563(b)(2)(C)) of which the taxpayer is a member is engaged principally in the trade or business of exploring for, or extracting, refining or marketing of, petroleum or related products or byproducts. ``(D) Definition of caribbean basin shipping corporation.--For purposes of this section-- ``(i) Caribbean basin shipping corporation.--The term `Caribbean Basin shipping corporation' means a corporation if, for the taxable year, at least 75 percent of its foreign base company shipping income (determined without regard to this paragraph (2)) is Caribbean Basin shipping income. ``(ii) Caribbean basin shipping income.-- The term `Caribbean Basin shipping income' means foreign base company shipping income derived from or in connection with the operation of any non-passenger vessel in foreign commerce within any Caribbean Basin country, among Caribbean Basin countries, or between any Caribbean Basin country and the United States, including that portion of any transshipping originating or terminating in any non-Caribbean Basin country that otherwise satisfies these requirements. ``(iii) Caribbean basin country.--The term `Caribbean Basin country' means any beneficiary country (as defined in section 212(a)(1)(A) of the Caribbean Basin Economic Recovery Act); except that such term shall also include Anguilla, Colombia, Mexico, the U.S. Virgin Islands and Venezuela. ``(iv) Special rules.--For purposes of determining whether a controlled foreign corporation is a Caribbean Basin shipping corporation, all members of the same affiliated group (within the meaning of section 1504(a)) shall be treated as one corporation, except that-- ``(I) section 1504(a)(2) shall be applied by substituting 50 percent for 80 percent; and ``(II) section 1504(b)(3) shall not apply. ``(E) Definition of qualified u.s.-flag fleet.--For purposes of this section-- ``(i) Qualified u.s.-flag fleet.--The term `qualified U.S. flag fleet' means a fleet of four or more U.S.-flag cargo vessels or two or more U.S.-flag passenger vessels, each such vessel having a deadweight tonnage of not less than 10,000 deadweight tons and, in the case of a passenger vessel, having berth or stateroom accommodations for at least 275 passengers, for which a member of the controlled group of which the controlled foreign corporation is a member is the owner (or demise charterer) and which vessels have been placed in service and operated for at least 320 days in the preceding taxable year with days during which the vessel is drydocked or undergoing survey, inspection or repair considered to be days on which the vessel is operated; ``(ii) U.S.-flag vessel.--The term `U.S.- flag vessel' means any vessel which is documented under the laws of the United States and is subject to the provisions of section 8103 of title 46, United States Code, relating to manning by citizens of the United States. ``(iii) Controlled group.--The term `controlled group' has the meaning given such term by section 1563(a) except that-- ``(I) section 1563(a) shall be applied by substituting 50 percent for 80 percent; and ``(II) section 1563(b)(2)(C) shall not apply. ``(iv) Special rules.--In determining the qualified U.S.-flag fleet of a controlled group-- ``(I) if a U.S.-flag vessel which is part of a qualified U.S.-flag fleet is destroyed by casualty or purchased by requisition pursuant to section 1242 of title 46, United States Code, it may continue to be included in such qualified U.S.-flag fleet during the replacement period, but only if a member of the controlled group is or becomes the owner (or demise charterer) of a replacement U.S.-flag vessel which is placed in service (and not retired from service) within the replacement period; and ``(II) If a member of the controlled group owns (directly or indirectly) at least 25 percent (by value) of the stock of another corporation, or at least 25 percent of the interest in the capital or profits of a partnership, such member shall be treated as if it were the owner (or demise charterer) of its proportionate share of the U.S. flag vessels of which such corporation or partnership is the owner (or demise charterer). ``(v) Replacement period.--The term `replacement period' means the period beginning on the date on which the casualty or purchase by requisition occurs and ending on the earlier of the date-- ``(I) on which a replacement U.S.- flag vessel is placed in service, or ``(II) which is four years after the close of the taxable year in which the casualty or purchase by requisition occurs. ``(v) Replacement u.s.-flag vessel.--The term `replacement U.S.-flag vessel' means a U.S. flag vessel for which a member of the controlled group has entered into a binding contract for the purchase or construction of such vessel during the period-- ``(I) beginning on the day following the date on which there is a loss by casualty or purchase by requisition pursuant to section 1242 of title 46, United States Code, of a vessel included in such controlled group's qualified U.S.-flag fleet, and ``(II) ending on the date which is two years after the date of such casualty or such purchase, but only if such U.S.-flag vessel would be included in the controlled group's qualified U.S.-flag fleet when it is placed in service.'' SEC. 3. REINVESTMENT IN U.S.-FLAG SHIPS. (a) Reinvestment in U.S.-Flag Ships.--Subsection 956(c)(2) is amended by inserting at the end thereof the following: ``(J) any amount of funds loaned to a United States person for the acquisition, construction, or reconstruction of a vessel documented under the laws of the United States. Any interest payable on indebtedness described in (J) shall be free from U.S. income tax withholding under sections 1441 and 1442 if such interest is paid to an individual resident in or corporation or other entity organized under the laws of The Bahamas, Honduras, the Republic of Liberia, the Republic of Panama, the Republic of the Marshall Islands, or such other country as the Secretary of Transportation certifies.'' (b) Conforming Amendments.-- (1) Section 956(c)(2)(H) is amended by deleting ``; and'' and inserting in lieu thereof ``;''. (2) Section 956(c)(2)(I) is amended by deleting the period at the end thereof and inserting ``; and'' in lieu thereof. SEC. 4. EFFECTIVE DATE. The amendments made by this Act are effective for taxable years beginning after the date of enactment of this Act.

Shipping Income Reform Act of 1997 - Amends the Internal Revenue Code to exclude from the definition of foreign base company income foreign base company shipping income: (1) derived from a vessel registered in the Bahamas, Honduras, Liberia, Panama, the Marshall islands, or other countries certified by the Secretary of Transportation, if the vessel owner enters into an agreement to operate a U.S.-flag fleet for at least 320 days annually; or (2) the owner does not derive U.S.-source income and has not engaged in the carriage of any cargoes in the U.S. import or export trade for at least 320 days annually.

Shipping Income Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Green School Bus Act of 2001''. SEC. 2. ESTABLISHMENT OF PILOT PROGRAM. (a) Establishment.--The Secretary of Energy (in this Act referred to as the ``Secretary'') shall establish a pilot program for awarding grants on a competitive basis to eligible entities for facilitating the use of alternative fuel school buses through school bus replacement and fleet expansion programs under this section. (b) Requirements.--Not later than 3 months after the date of the enactment of this Act, the Secretary shall establish and publish in the Federal Register grant requirements on eligibility for assistance, and on management, transfer, and ultimate disposition of buses, including certification requirements to ensure compliance with this Act. (c) Solicitation.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall solicit proposals for grants under this section. (d) Eligible Recipients.--A grant shall be awarded under this section only-- (1) to a local governmental entity responsible for providing school bus service for one or more public school systems; or (2) jointly to an entity described in paragraph (1) and a contracting entity that provides school bus service to the public school system or systems. (e) Types of Grants.-- (1) In general.--Grants under this section may be for the purposes described in paragraph (2), paragraph (3), or both. (2) Replacement bus grants.--A grant under this section may be used for the acquisition of replacement buses pursuant to subsection (f). (3) Fleet expansion bus grants.--A grant under this section may be used for the acquisition of not more than 10 buses to expand a fleet of school buses in an area with a high proportion of low-income families. (f) Replacement Bus Grants.-- (1) Replacement.--For each bus acquired under a replacement bus grant, one older model year bus shall be retired from active service and crushed as provided in paragraph (2). (2) Bus acquisition.--Buses acquired under a replacement bus grant shall be acquired in the following order: (A) First, new buses will replace buses manufactured before model year 1977, and the older buses replaced shall be crushed. (B) If all buses manufactured before model year 1977 owned or operated by the grant recipient have been replaced, additional new buses will replace diesel- powered buses manufactured before model year 1991, which shall either-- (i) be crushed; or (ii) be exchanged by the grant recipient for buses manufactured before model year 1977 from another bus fleet, with that bus then being crushed. Exchanges made under subparagraph (B)(ii) shall be made without profit or other economic benefit to the grant recipient. (3) Priority of grant applications.--The Secretary shall give priority to awarding grants to applicants emphasizing the replacement of buses manufactured before model year 1977. (g) Conditions of Grant.--A grant provided under this section shall include the following conditions: (1) All buses acquired with funds provided under the grant shall be operated as part of the school bus fleet for which the grant was made for a minimum of 5 years. (2) Funds provided under the grant may only be used-- (A) to pay the cost, except as provided in paragraph (3), of new alternative fuel school buses, including State taxes and contract fees; and (B) to provide-- (i) up to 10 percent of the price of the alternative fuel buses acquired, for necessary alternative fuel infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 15 percent of the price of the alternative fuel buses acquired, for necessary alternative fuel infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. (3) The grant recipient shall be required to provide-- (A) in the case of a replacement bus acquired as described in subsection (f)(2)(A) to replace a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; (B) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(ii) to replace a diesel-powered bus manufactured before model year 1991 for exchange for a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; and (C) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(i) to replace a diesel-powered bus manufactured before model year 1991, 25 percent of the total cost of the bus, but not more than $25,000. (h) Buses.--Funding under a grant made under this section may be used to acquire only new school buses-- (1) with a gross vehicle weight of greater than 14,000 pounds; (2) that are powered by a heavy duty engine; (3) that emit not more than-- (A) for buses manufactured in model years 2001 and 2002, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (B) for buses manufactured in model years 2003 through 2006, 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (4) that are powered substantially by electricity (including electricity supplied by a fuel cell), or by liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume. (i) Deployment and Distribution.--The Secretary shall seek to the maximum extent practicable to achieve nationwide deployment of alternative fuel school buses through the program under this section, and shall ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year. SEC. 3. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM. (a) Establishment of Program.--The Secretary shall establish a program for entering into cooperative agreements with private sector fuel cell bus developers for the development of fuel cell-powered school buses, and subsequently with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell- powered school buses. (b) Cost Sharing.--The non-Federal contribution for activities funded under this section shall be not less than-- (1) 20 percent for fuel infrastructure development activities; and (2) 50 percent for demonstration activities and for development activities not described in paragraph (1). (c) Funding.--No more than $25,000,000 of the amounts authorized under section 4 may be used for carrying out this section for the period encompassing fiscal years 2002 through 2006. (d) Reports to Congress.--Not later than 3 years after the date of the enactment of this Act, and not later than October 1, 2006, the Secretary shall transmit to the Congress a report that-- (1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and (2) assesses the results of the development and demonstration program under this section. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for carrying out this Act-- (1) $40,000,000 for fiscal year 2002; (2) $50,000,000 for fiscal year 2003; (3) $60,000,000 for fiscal year 2004; (4) $70,000,000 for fiscal year 2005; and (5) $80,000,000 for fiscal year 2006.

Clean Green School Bus Act of 2001 - Directs the Secretary of Energy to establish: (1) a pilot grants award program for the acquisition of alternative fuel school buses nationwide through school bus replacement and fleet expansion grants; and (2) a fuel cell bus development and demonstration program with private sector fuel cell bus developers for fuel cell-powered school buses.

To establish a pilot program within the Department of Energy to facilitate the use of alternative fuel school buses through grants for energy demonstration and commercial application of energy technology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Digital School Districts Act''. SEC. 2. NATIONAL DIGITAL SCHOOL DISTRICTS. (a) Purposes.--The purposes of this section are-- (1) to address the important role that technology and the Internet can play in enhancing and improving education in the schools of the United States when resources are allocated strategically and effectively; (2) to assist State and local school administrators in the United States in effectively devoting resources on proven methods to incorporate the use of high technology and the Internet in educational curricula; (3) to encourage the development of innovative strategic approaches to the appropriate and effective use of technology in teaching, learning, and managing elementary schools and secondary schools; (4) to evaluate and assess the various strategies described in paragraph (3) and provide models for the innovative use of technology in schools in the United States; and (5) to encourage partnerships between educational institutions and the private sector relating to the use of technology described in paragraph (3) in schools in the United States. (b) Definitions.--In this section: (1) Elementary and secondary school; state and local educational agencies.--The terms ``elementary school'', ``secondary school'', State educational agency'' and ``local educational agency'' have the meanings given such terms in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means 1 of the several States of the United States and the District of Columbia. (4) State educational agency.--The term ``State educational agency'' means the State educational agency of a State. (c) Grants to State Educational Agencies.-- (1) Fiscal year 2002.--For fiscal year 2002, the Secretary shall award 1 grant to each State educational agency to make subgrants to local educational agencies to create national digital school districts. (2) Fiscal year 2003.-- (A) In general.--For fiscal year 2003, the Secretary shall award 1 grant to each State educational agency to pay for the Federal share of the cost of making subgrants to local educational agencies to create national digital school districts. (B) Federal share.--The Federal share of the cost referred to in subparagraph (A) is 50 percent. (3) State applications.--To be eligible to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Subgrants to Local Educational Agencies.-- (1) Subgrants.--A State educational agency that receives a grant under subsection (c) shall use not less than 95 percent of the funds made available through the grant to make subgrants, on a competitive basis, to local educational agencies. (2) Notice.--The State educational agency shall provide notice to all local educational agencies in the State of the availability of subgrants under this subsection and of the requirements for applying for the subgrants. (3) Local applications.--To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (4) Use of subgrants.--A local educational agency that receives a subgrant under this subsection may use the funds made available through the subgrant to create a national digital school district by-- (A) acquiring technology; (B) providing teacher mentoring; and (C) carrying out other efforts to achieve the purposes of this section. (e) Academic Research.--The Secretary shall award grants, on a competitive basis, for fiscal year 2004 to institutions of higher education, to conduct research on the effectiveness of the technology used in national digital school districts. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. NATIONAL EVALUATION OF TECHNOLOGY PLANS. Not later than 36 months after the date of enactment of this Act, the Secretary, in consultation with other Federal departments or agencies, State and local educational practitioners, and policy makers, including teachers, principals and superintendents, and experts in technology and the application of technology to education, shall report to Congress on best practices in implementing technology effectively. The report shall include recommendations for the purpose of establishing best practices that can be widely implemented by State and local educational agencies.

National Digital School Districts Act - Directs the Secretary of Education to: (1) make one-year grants to State educational agencies to make competitive subgrants to local educational agencies to create national digital school districts by acquiring technology, providing teacher mentoring, and other related efforts; (2) make competitive grants to institutions of higher education to conduct research on the effectiveness of the technology used in national digital school districts; and (3) evaluate and report on best practices in implementing technology in education.

A bill to provide for national digital school districts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``S.I. Hayakawa Official English Language Act of 2007''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official Government activities in English ``The Government of the United States shall conduct its official activities in English, including preparing publications, income tax forms, and informational materials in English. ``Sec. 163. Preserving and enhancing the role of the official language ``(a) In General.--The Government of the United States shall preserve and enhance the role of English as the official language of the United States. ``(b) Government Materials in English.-- ``(1) In general.--Unless expressly provided for in an applicable provision of law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. ``(2) Effect of exceptions.--If an official or representative of the Government of the United States acts, communicates, performs or provides services, or provides materials in a language other than English, that exception does not create a legal entitlement to additional acts, communications, services, or materials in that language or any language other than English. ``(c) English Version as Authority.--If the Government of the United States issues a form in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. ``Sec. 164. Exceptions ``(a) In General.--This chapter may not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; or ``(3) to programs in schools designed to encourage students to learn foreign languages. ``(b) Interpreters.--This chapter may not be considered to prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 4(d), 5, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in subsections (a), (b), and (c) of section 3, by striking ``, or in contravention of the voting guarantees set forth in section 4(f)(2)''; and (C) in section 4(a)-- (i) in paragraphs (1)(A) and (3), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; (ii) in paragraph (1)(B), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''; and (iii) in paragraph (5), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 5. NONPREEMPTION. This Act and the amendments made by this Act may not be construed to preempt any law of any State.

S.I. Hayakawa Official English Language Act of 2007 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official activities in English, including preparing publications, income tax forms, and informational materials in English; and (2) preserve and enhance the role of English as the official language of the United States. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless expressly provided for in an applicable provision of law. Provides that this Act may not: (1) apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages; or (2) be considered to prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act may not be construed to preempt any state law.

A bill to amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Act to Sustain the Protection of Immigrant Residents Earned through TPS Act of 2017'' or the ``ASPIRE- TPS Act of 2017''. SEC. 2. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following: ``SEC. 244A. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES. ``(a) In General.--Notwithstanding any other provision of law, including section 244(h), the Secretary of Homeland Security shall grant protected status under this section to an alien who meets the eligibility requirements under subsection (b). ``(b) Eligibility Requirements.--The eligibility requirements are the following: ``(1) On January 1, 2017, the alien had been granted or was eligible for Deferred Enforced Departure or for temporary protected status under section 244. ``(2) The alien has continuously resided in the United States for the 5-year period prior to the date of the enactment of this section. ``(3) The alien is admissible as an immigrant, except as otherwise provided under paragraph (2)(A) of section 244, and is not ineligible under paragraph (2)(B) of such section, except that in making such a determination, no conviction for a misdemeanor which conviction occurred earlier than 6 years prior to the date on which the alien applies for status, or a renewal of such status, under this section may be considered. ``(4) To the extent and in a manner which the Secretary establishes, the alien registers for the protected status under this section during a registration period of not less than one year. ``(c) Duration of Status.--Protected status under this section shall be for a period of 6 years, and may be renewed for additional 6- year periods. An alien seeking to renew protected status under this section shall re-register with the Secretary. ``(d) Notice.-- ``(1) In general.--Not later than 30 days after the first day of the registration period under subsection (b)(4), the Secretary shall provide each alien who was granted temporary protected status under section 244 or Deferred Enforced Departure with information concerning protected status under this section. ``(2) Removal proceedings.-- ``(A) In general.--The Secretary shall promptly notify any alien against whom removal proceedings are initiated who is a national of a country (or in the case of an alien having no nationality, the country in which the alien last habitually resided) that on January 1, 2017, was designated under section 244 or under the Deferred Enforced Departure program, that status under this section may be available. ``(B) Removal proceedings initiated prior to the date of enactment.--The Secretary shall promptly notify any alien who is in removal proceedings on the date of the enactment of this section and who is a national of a country (or in the case of an alien having no nationality, the country in which the alien last habitually resided) that on January 1, 2017, was designated under section 244 or under the Deferred Enforced Departure program, that status under this section may be available. ``(3) Form.--Notices under this paragraph shall be provided in a form and language that the alien can understand. ``(e) Temporary Treatment for Eligible Aliens.-- ``(1) Registration not available.--In the case of an alien who can establish a prima facie case of eligibility for protected status under this section, but for the fact that the period of registration under subsection (b)(4) has not begun, until the alien has had a reasonable opportunity to register during the first 30 days of such period, the Secretary shall provide the alien with work authorization under subsection (f), and shall not initiate or proceed with removal proceedings against the alien. ``(2) Determination pending.--In the case of an alien who establishes a prima facie case of eligibility for protected status under this section, until a final determination with respect to the alien's eligibility for such status has been made, the Secretary shall provide the alien with work authorization under subsection (f), and shall not initiate or proceed with removal proceedings against the alien. ``(f) Work Authorization.-- ``(1) In general.--The Secretary shall authorize each alien granted protected status under this section to engage in employment in the United States and provide the alien with an `employment authorized' endorsement or other appropriate work permit. ``(2) Duration.--Work authorization provided under this section shall be effective throughout the period the alien is in protected status. ``(g) Fees.--The Secretary may require payment of a reasonable fee, in an amount not to exceed $50, as a condition of registering an alien under this section. The Secretary may impose a separate, additional fee for providing an alien with documentation of work authorization. Notwithstanding section 3302 of title 31, United States Code, all fees collected under this subparagraph shall be credited to the appropriation to be used in carrying out this section. ``(h) Withdrawal of Protected Status.--The Secretary shall withdraw protected status granted to an alien under this section if-- ``(1) the Secretary finds that the alien was not in fact eligible for such status under this section; or ``(2) the alien fails, without good cause, to register with the Secretary at the end of each 36-month period after the granting of such status, in a form and manner specified by the Secretary. ``(i) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.-- ``(1) In general.--For purposes of subsection (b)(2), an alien shall not be considered to have failed to maintain continuous residence in the United States by virtue of brief, casual, and innocent absences from the United States without regard to whether such absences were authorized by the Secretary. ``(2) Renewal of protected status.--For purposes of subsection (b)(2), in the case of an alien seeking to renew protected status under this section, absence from the United States for a continuous period, beginning on the date on which the Secretary most recently granted or renewed the alien's protected status under this section-- ``(A) of one year or less, shall not break the continuity of such residency requirement; and ``(B) of longer than one year, shall break the continuity of such residence, unless the applicant establishes to the satisfaction of the Secretary that he did not abandon his residence in the United States during such period. ``(j) Confidentiality.-- ``(1) In general.--The Secretary may not disclose or use information provided under this section for the purpose of enforcing the immigration laws. ``(2) Referrals prohibited.--The Secretary may not refer any alien granted protected status under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. ``(3) Exception.--Notwithstanding paragraphs (1) and (2), the Secretary may disclose information provided under this section to Federal security and law enforcement agencies-- ``(A) for assistance in the consideration of an application for protected status under this section; ``(B) to identify or prevent fraudulent claims for protected status under this section; ``(C) for national security purposes; and ``(D) in relation to the investigation or prosecution of any felony not related to the alien's immigration status. ``(4) Penalty.--Whoever knowingly discloses or uses information in violation of this subsection shall be fined not more than $10,000. ``(k) Treatment During Period of Protected Status.--During a period in which an alien is granted protected status under this section-- ``(1) the alien shall be considered a qualified alien for purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; ``(2) the alien may travel abroad without the prior consent of the Secretary; and ``(3) for purposes of adjustment of status under section 245 and change of classification under section 248, the alien shall be considered as having been inspected and admitted into the United States, and as being in, and maintaining lawful status as a nonimmigrant. ``(l) Clarification.--Nothing in this section shall be construed as authorizing the Secretary to deny protected status to an alien based on the alien's immigration status or to require any alien, as a condition of being granted such status, either to relinquish nonimmigrant or other status the alien may have or to execute any waiver of other rights under this chapter. The granting of protected status under this section shall not be considered to be inconsistent with the granting of nonimmigrant status under this chapter. ``(m) Adjustment of Status in Cases of Extreme Hardship.-- ``(1) In general.--Notwithstanding any other provision of law, including section 244(h), the Secretary of Homeland Security shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) meets the eligibility requirements of paragraphs (1) and (3) of subsection (b); ``(B) establishes that removal would result in extreme hardship to the alien or to the alien's United States citizen or lawful permanent resident spouse, parent, or child; and ``(C) submits an application to the Secretary. ``(2) Numerical limitations do not apply.--The numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section. ``(3) Rule of construction.--This subsection does not prevent an alien granted protected status under this section who does not meet the requirement of paragraph (1)(B) from adjusting status under section 245. ``(n) Review.--The Secretary shall establish a process for an alien denied protected status under this section to seek review of such a determination. Such process shall not prevent an alien from asserting eligibility for status under this section in removal proceedings.''. SEC. 3. TEMPORARY PROTECTED STATUS CLARIFICATIONS. (a) Expunged Convictions Not a Bar.--Section 244(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)) is amended by adding at the end the following: ``(C) Conviction.--For purposes of this paragraph, the term `conviction' does not include an adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition.''. (b) Aliens Considered Inspected and Admitted Into the United States.--Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the following: ``as having been inspected and admitted into the United States, and''. SEC. 4. REPORT ON PROTECTED STATUS. On the date that is 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report that includes, for the previous 90-day period-- (1) the number of aliens who submitted applications to the Secretary for protected status under section 244A of the Immigration and Nationality Act; (2) the number of such applications that were approved; (3) the number of aliens present in the United States with protected status, including information related to the States in which such aliens reside, the ages of such aliens, and the duration of their residence in the United States; and (4) any additional information determined appropriate by the Secretary.

Act to Sustain the Protection of Immigrant Residents Earned through TPS Act of 2017 or the ASPIRE-TPS Act of 2017 This bill amends the Immigration and Nationality Act to provide six-year, renewable protected status for an alien who: (1) as of January 1, 2017, had been granted or was eligible for deferred enforced departure or temporary protected status, (2) has continuously resided in the United States for five years, (3) is admissible as an immigrant, and (4) registers as required. Aliens may work while in protected status. Protected status shall be withdrawn if an alien was not entitled to such status or fails to register with the Department of Homeland Security (DHS) every 36 months. Absences from the United States of one year or less shall not break residence continuity. Absences longer than one year shall break residence continuity unless the alien establishes that he or she did not abandon U.S. residency. DHS shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien: (1) meets certain eligibility requirements; (2) establishes that removal would result in extreme hardship to the alien or to the alien's U.S. citizen or lawful permanent resident spouse, parent, or child; and (3) submits an application.

Act to Sustain the Protection of Immigrant Residents Earned through TPS Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job and Life Skills Improvement Act of 1993''. SEC. 2. ESTABLISHMENT OF JOB AND LIFE SKILLS IMPROVEMENT PROGRAM. (a) In General.--Title IV of the Job Training Partnership Act (29 U.S.C. 1671 et seq.) is amended by adding at the end the following new part: ``Part K--Job and Life Skills Improvement Program ``SEC. 499F. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to establish a national program of Job and Life Skills Improvement grants to pay the Federal share attributable to this part of providing comprehensive services to youth and young adults living in high poverty areas in the cities and rural areas of the United States. ``(b) Eligibility.--The Secretary may only award grants under this part to-- ``(1) a private industry council or nonprofit private organization which is providing services in a target area of a participating community; ``(2) in the case of a grant involving a target area located in an Indian reservation or Alaska Native village, the grantee designated under subsection (c) or (d) of section 401, or a consortium of such grantees and the State; or ``(3) in the case of a grant involving a target area located in a migrant or seasonal farmworker community, the grantee designated under section 402(c), or a consortium of such grantees and the State. ``(c) Renewability of Grants.-- ``(1) In general.--Grants awarded under this part shall be for a 1-year period. Such a grant shall be renewable for each of the 2 succeeding fiscal years if the Secretary determines the grant recipient complied with conditions of the grant during the previous fiscal year. ``(2) Extension.--The Secretary may extend the renewal period set forth in paragraph (1) for an additional 2 fiscal years on reapplication. ``SEC. 499G. APPLICATION. ``(a) Eligibility.--Participating communities that have the highest concentrations of poverty, as determined by the Secretary based on the latest Bureau of the Census estimates, shall be eligible to apply for a Job and Life Skills Improvement grant. ``(b) Contents.-- ``(1) In general.--Each participating community desiring a grant under this part shall, through the individuals or entities set forth in subsection (c), submit an application to the Secretary which meets the requirements of paragraph (2). ``(2) Requirements.--An application meets the requirements of this paragraph if the application is submitted at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including-- ``(A) a comprehensive plan for the Job and Life Skills Improvement initiative designed to achieve identifiable goals for youth and young adults in the target area; ``(B) measurable program goals and outcomes, which may include increasing the proportion of-- ``(i) youth and young adults completing high school or its equivalent; ``(ii) youth and young adults entering into postsecondary institutions, apprenticeships, or other advanced training programs; ``(iii) youth and young adults placed in jobs; or ``(iv) youth and young adults participating in education, training, and employment services; ``(C) supporting goals for the target area such as increasing security and safety, or reducing the number of drug-related arrests; ``(D) assurances that the applicant will comply with the terms of the agreement described in section 499H; ``(E) a description of how the participating community will make use of the resources, expertise, and commitment of institutions of higher education, educational agencies, and vocational and technical schools and institutes; ``(F) an assurance that all youth and young adults in the target areas will have access to a coordinated and comprehensive range of education and training opportunities that serve the broadest range of the interests and needs of youth and young adults and simultaneously mobilizes the diverse range of education and training providers in the participating community; ``(G) assurances that the youth and young adults in the target area will have access to supportive services necessary for successful participation, including such services as child care, transportation, and assistance in resolving personal or family crises, such as crises related to substance abuse, homelessness, migration, and family violence; ``(H) a description of a system of common intake procedures or sites, individualized assessment, and case management to be used by the program; ``(I) a description of how the participating community will make use of the resources, expertise, and commitment of such programs and service providers as-- ``(i) community-based organizations providing vocational skills, literacy skills, remedial education, and general equivalency preparation, including community-based organizations serving youth and young adults with limited-English proficiency; ``(ii) youth corps programs, including youth conservation and human service corps; ``(iii) Job Corps centers; ``(iv) apprenticeship programs; and ``(v) other projects and programs funded under this Act; ``(J) an estimate of the expected number of youth and young adults in the target area to be served; ``(K) a description of the resources available in the participating community from private, local government, State, and Federal sources that will be used to achieve the goals of the program; and ``(L) an estimate of funds required to ensure access to appropriate education, training, and support services for all youth and young adults in the target area who seek such opportunities. ``(c) Submission of Application.--The application for funds described in subsection (b) may only be submitted to the Secretary on behalf of a participating community by-- ``(1) the private industry council; ``(2) the nonprofit private organization; or ``(3) a grantee or consortium described in paragraph (2) or (3) of section 499F(b) in applications for Native American or migrant or seasonal farmworker communities, respectively. ``SEC. 499H. GRANT AGREEMENT. ``(a) In General.--Each grant recipient receiving a grant under this part on behalf of a participating community shall enter into an agreement with the Secretary. ``(b) Contents.--Each such agreement shall-- ``(1) designate a target area that-- ``(A) will be the focus of the demonstration project; and ``(B) shall have a population of-- ``(i) not more than 25,000; or ``(ii) in an appropriate case, not more than 50,000, except that in the event that the population of an area from which a high school draws a substantial portion of its enrollment exceeds either limit, the target area may encompass such boundary; ``(2) contain assurances that funds provided under this part will be used to support education, training, and supportive activities selected from a set of youth and young adult program models designated by the Secretary or from alternative models described in the application and approved by the Secretary; ``(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; 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), except that employment provided to any such youth or young adult may not exceed 20 hours per week and the amount of such stipend shall reflect the cost of living in the participating community; ``(4) contain assurances that the local educational agency and any other educational agency that operates secondary schools in the target area shall provide such activities and resources as are necessary to achieve the educational goals specified in the application; ``(5) contain assurances that the participating community will provide such activities and local resources as are necessary to achieve the goals specified in the application; ``(6) contain assurances that the participating community will undertake outreach and recruitment efforts in the target area to encourage, to the maximum extent possible, participation by the disadvantaged youth and young adults who are currently unserved, or underserved, by education and training programs, including targeted measures specifically designed to enlist the participation of youth and young adults, particularly males, under the jurisdiction of the child welfare, juvenile justice, and criminal justice systems; ``(7) provide that the participating community will carry out special efforts to establish coordination with Federal, State, or local programs that serve the target population; ``(8) provide assurances that funds provided under this part for a fiscal year will be used only to pay the Federal share attributable to this part of the cost of programs and services not otherwise available in the target area and will supplement, and not supplant, funding from other local, State, and Federal sources available to youth and young adults in the target area during the previous year; and ``(9) permit funds provided under this part to be used to support paid work experience programs if such programs are combined with other education and training activities. SEC. 499I. PAYMENTS AND FEDERAL SHARE. ``(a) Payments Required.--In any fiscal year, the amount of a grant awarded under this part shall be based on the size of the target area and the extent of the poverty in such area, and shall be of sufficient size and scope to carry out an effective program under this part. ``(b) Federal Share.--The Federal share attributable to this part of the cost of providing comprehensive services as provided in section 499F(a) shall be not less than 70 percent for each fiscal year a grant recipient receives assistance under this Act. ``(c) Other Federal Sources.--In providing for the remaining share of such cost, each grant recipient may provide not more than 20 percent of such cost from Federal sources other than funds received pursuant to this part. ``(d) Non-Federal Share.--A grant recipient shall provide non- Federal funds in an amount not less than 10 percent of such cost, an in-kind contribution equivalent to such percent (as determined by the Secretary), or a combination thereof. ``SEC. 499J. REPORTING. ``The Secretary is authorized to establish such reporting procedures as are necessary to carry out the purposes of this part. ``SEC. 499K. FEDERAL RESPONSIBILITIES. ``(a) In General.--The Secretary shall provide assistance to participating communities in implementing the projects assisted under this part. ``(b) Independent Evaluation.-- ``(1) In general.--The Secretary shall provide for a thorough, independent evaluation of the Job and Life Skills Improvement program to assess the outcomes of youth and young adults participating in programs assisted under this part. ``(2) Evaluation measures.--In conducting the evaluation described in paragraph (1) the Secretary shall include an assessment of-- ``(A) the impact on youth and young adults residing in target areas, including the rates of school completion, enrollment in advanced education or training, and employment of the youth and young adults; ``(B) the extent to which participating communities fulfilled the goal of guaranteed access to appropriate education, training, and supportive services to all eligible youth and young adults residing in target areas who seek to participate; ``(C) the effectiveness of guaranteed access to comprehensive services combined with outreach and recruitment efforts in enlisting the participation of previously unserved or underserved youth and young adults residing in target areas; ``(D) the effectiveness of efforts to integrate service delivery in target areas, including systems of common intake, assessment, and case management; and ``(E) the feasibility of extending guaranteed access to comprehensive education, training, and support services for youth and young adults in all areas of the United States, including possible approaches to incremental extension of such access over time. ``(c) Report.--The Secretary shall prepare a report detailing the results of the independent evaluation described in subsection (b) and shall submit such report to the Congress not later than December 31, 1996, along with an analysis of expenditures made, results achieved, and problems in the operations and coordination of programs assisted under this part. ``(d) Reservation of Funds.--The Secretary may reserve not more than 5 percent of the amount appropriated under this part in each fiscal year to carry out the provisions of this section. ``SEC. 499L. DEFINITIONS. ``For the purposes of this part-- ``(1) High poverty area.--The term `high poverty area' means an urban census tract, a nonmetropolitan county, a Native American Indian reservation, or an Alaska Native village, with a poverty rate of 30 percent or more, as determined by the Bureau of the Census, or a migrant or seasonal farmworker community. ``(2) Participating community.--The term `participating community'-- ``(A) in the case of a community conducting a project in an urban area, means a city in a metropolitan statistical area; ``(B) in the case of a community conducting a project in a rural area, means a nonmetropolitan county or contiguous nonmetropolitan counties; ``(C) in the case of a community conducting a project in an Indian reservation or Alaska Native village, the grantee designated under subsection (c) or (d) of section 401, or a consortium of such grantees and the State; or ``(D) in the case of a community conducting a project in a migrant or seasonal farmworker community, the grantee designated under section 402(c), or a consortium of such grantees and the State. ``(3) Target area.--The term `target area' means a high poverty area or set of contiguous high poverty areas that will be the focus of the program in each participating community.''. (b) Conforming Amendment.--The table of contents relating to the Act is amended by inserting after the item relating to section 499C the following new items: ``Part K--Job and Life Skills Improvement Program ``Sec. 499F. Program authorized. ``Sec. 499G. Application. ``Sec. 499H. Grant agreement. ``Sec. 499I. Payments and federal share. ``Sec. 499J. Reporting. ``Sec. 499K. Federal responsibilities. ``Sec. 4989L. Definitions.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 3(c) of the Job Training Partnership Act (29 U.S.C. 1502(c)) is amended by adding at the end the following new paragraph: ``(6) There are authorized to be appropriated to carry out part K of title IV $5,000,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 1998.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on July 1, 1993, or the date of the enactment of this Act, whichever occurs later.

Job and Life Skills Improvement Act of 1993 - Amends the Job Training Partnership Act to authorize the Secretary of Labor to establish a national program of Job and Life Skills Improvement grants to eligible entities to pay the Federal share of providing comprehensive services to youth and young adults in high poverty urban and rural areas. Authorizes appropriations.

Job and Life Skills Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Federalism in Banking Act''. SEC. 2. STATE LAW PREEMPTION STANDARDS FOR NATIONAL BANKS CLARIFIED. (a) In General.--Chapter 1 of title LXII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.) is amended by inserting after section 5136B the following new section: ``SEC. 5136C. STATE LAW PREEMPTION STANDARDS FOR NATIONAL BANKS AND SUBSIDIARIES CLARIFIED. ``(a) State Consumer Laws of General Application.-- ``(1) In general.--Notwithstanding any other provision of Federal law, any State consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall apply to any national bank. ``(2) National bank defined.--For purposes of this section, the term `national bank' includes any Federal branch established in accordance with the International Banking Act of 1978. ``(b) State Banking Laws Enacted Pursuant to Federal Law.-- ``(1) In general.--Notwithstanding any other provision of Federal law and except as provided in paragraph (2), any State law that-- ``(A) is applicable to State banks; and ``(B) was enacted pursuant to or in accordance with, and is consistent with, an Act of Congress, including the Gramm-Leach-Bliley Act and the Consumer Credit Protection Act, that permits States to exceed or supplement the requirements of any comparable Federal law, shall apply to any national bank. ``(2) Exceptions.--Paragraph (1) shall not apply with respect to any State law if-- ``(A) the State law discriminates against national banks; or ``(B) the State law is inconsistent with other provisions of Federal law, but only to the extent of the inconsistency (as determined in accordance with the other provision of Federal law). ``(c) No Negative Implications for Applicability of Other State Laws.--No provision of this section shall be construed as altering or affecting the applicability, to national banks, of any State law which is not described in subsection (a) or (b).''. (b) Denial of Preemption not a Deprivation of a Civil Right.--The preemption of any provision of the law of any State with respect to any national bank shall not be treated as a right, privilege, or immunity for purposes of section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (c) Clerical Amendment.--The table of sections for chapter 1 of title LXII of the Revised Statutes of the United States is amended by inserting after the item relating to section 5136B the following new item: ``5136C. State law preemption standards for national banks and subsidiaries clarified.''. SEC. 3. VISITORIAL STANDARDS. Section 5136C of the Revised Statutes of the United States (as added by section 2(a) of this Act) is amended by adding at the end the following new subsection: ``(d) Visitorial Powers.--No provision of this title which relates to visitorial powers or otherwise limits or restricts the supervisory, examination, or regulatory authority to which any national bank is subject shall be construed as limiting or restricting the authority of any attorney general (or other chief law enforcement officer) of any State to bring any action in any court of appropriate jurisdiction-- ``(1) to enforce any applicable Federal or State law, as authorized by such law; or ``(2) on behalf of residents of such State, to enforce any applicable provision of any Federal or State law against a national bank, as authorized by such law, or to seek relief and recover damages for such residents from any violation of any such law by any national bank.''. SEC. 4. CLARIFICATION OF LAW APPLICABLE TO STATE-CHARTERED NONDEPOSITORY INSTITUTION SUBSIDIARIES. Section 5136C of the Revised Statutes of the United States (as added by section 2(a) of this Act) is amended by inserting after subsection (d) (as added by section 3) the following new subsection: ``(e) Clarification of Law Applicable to Nondepository Institution Subsidiaries of National Banks.-- ``(1) In general.--No provision of this title shall be construed as preempting the applicability of State law to any State-chartered nondepository institution subsidiary of a national bank, except to the extent the preemption is explicitly provided by an Act of Congress. ``(2) Definitions.--For purposes of this section, the following definitions shall apply: ``(A) Depository institution, subsidiary.--The terms `depository institution' and `subsidiary' have the same meanings as in section 3 of the Federal Deposit Insurance Act. ``(B) Nondepository institution.--The term `nondepository institution' means any entity that is not a depository institution.''. SEC. 5. DATA COLLECTION AND REPORTING. (a) Collecting and Monitoring Consumer Complaints.-- (1) In general.--The Comptroller of the Currency shall record and monitor each complaint received directly or indirectly from a consumer regarding a national bank or any subsidiary of a national bank and record the resolution of the complaint. (2) Factors to be included.--In carrying out the requirements of paragraph (1), the Comptroller of the Currency shall include-- (A) the date the consumer complaint was received; (B) the nature of the complaint; (C) when and how the complaint was resolved, including a brief description of the extent, and the results, of the investigation made by the Comptroller into the complaint, a brief description of any notices given and inquiries made to any other Federal or State officer or agency in the course of the investigation or resolution of the complaint, a summary of the enforcement action taken upon completion of the investigation, and a summary of the results of subsequent periodic reviews by the Comptroller of the extent and nature of compliance by such national bank or subsidiary with the enforcement action; and (D) if the complaint involves any alleged violation of a State law (whether or not Federal law preempts the application of such State law to such national bank) by such bank, a cite to and a description of the State law that formed the basis of the complaint. (b) Report to the Congress.-- (1) Periodic reports required.--The Comptroller of the Currency shall submit a report semi-annually to the Congress on the consumer protection efforts of the Office of the Comptroller of the Currency. (2) Contents of report.--Each report submitted under paragraph (1) shall include the following: (A) The total number of consumer complaints received by the Comptroller during the period covered by the report with respect to alleged violations of consumer protection laws by national banks and subsidiaries of national banks. (B) The total number of consumer complaints received during the reporting period that are based on each of the following: (i) Each title of the Consumer Credit Protection Act (reported as a separate aggregate number for each such title). (ii) The Truth in Savings Act. (iii) The Right to Financial Privacy Act of 1978. (iv) The Expedited Funds Availability Act. (v) The Community Reinvestment Act of 1977. (vi) The Bank Protection Act of 1968. (vii) Title LXII of the Revised Statutes of the United States. (viii) The Federal Deposit Insurance Act. (ix) The Real Estate Settlement Procedures Act of 1974. (x) The Home Mortgage Disclosure Act of 1975. (xi) Any other Federal law. (xii) State consumer protection laws (reported as a separate aggregate number for each State and each State consumer protection law). (xiii) Any other State law (reported separately for each State and each State law). (C) A summary description of the resolution efforts by the Comptroller for complaints received during the period covered, including-- (i) the average amount of time to resolve each complaint; (ii) the median period of time to resolve each complaint; (iii) the average and median time to resolve complaints in each category of complaints described in each clause of subparagraph (B); and (iv) a summary description of the longest outstanding complaint during the reporting period and the reason for the difficulty in resolving such complaint in a more timely fashion. (3) Disclosure of report on occ website.--Each report submitted to the Congress under this subsection shall be posted, by the Comptroller of the Currency, in a timely fashion and maintained on the website of the Office of the Comptroller of the Currency on the World Wide Web.

Preservation of Federalism in Banking Act - Amends the Revised Statutes of the United States to set forth State law preemption standards for national banks and their subsidiaries. Declares that any State: (1) consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall also apply to any national bank; and (2) law applicable to State banks shall also apply to any national bank if it was enacted pursuant to, or consistent with, Federal law permitting the States to exceed or supplement Federal law requirements. Prohibits construction of Federal law governing visitorial powers, or otherwise limiting or restricting the supervisory, examination, or regulatory authority to which any national bank is subject, as limiting or restricting the authority of a State attorney general to enforce: (1) any applicable Federal or State law; or (2) on behalf of residents of such State, any applicable provision of any Federal or State law against a national bank, or seek relief and recover damages for such residents from any violation of any such law by any national bank. Prohibits construction of Federal law governing nondepository institution subsidiaries of national banks as preempting the applicability of State law to any State-chartered nondepository institution subsidiary of a national bank, except to the extent the preemption is explicitly provided by an Act of Congress. Directs the Comptroller of the Currency to record and monitor each complaint received from a consumer regarding a national bank or any subsidiary of a national bank as well as the resolution of the complaint.

To clarify the applicability of State law to national banks, and for other purposes.

That this Act may be cited as the ``Federal Employees' Overtime Pay Limitation Amendments Act of 2000''. Sec. 2. (a) Title 5, United States Code is amended-- (1) in section 5542(a)-- (A) by amending paragraph (2) to read as follows: ``(2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of-- ``(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or ``(B) the hourly rate of basic pay of the employee (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), and all that amount is premium pay,''; and (B) by amending paragraph (4) to read as follows: ``(4) Notwithstanding paragraphs (1) and (2), for any pay period during which an employee is engaged in work in connection with an emergency (including a wildfire emergency) that involves a direct threat to life or property, including work performed in the aftermath of such an emergency, the overtime hourly rate of pay is an amount equal to one and one- half times the hourly rate of basic pay of the employee, except that such overtime hourly rate of pay may not exceed the greater of-- ``(A) one and one-half times the minimum hourly rate of basic pay for GS-12 (including any applicable locality-based comparability payment under section 5304 or similar provision of law but excluding any applicable special rate of pay under section 5305 or similar provision of law); or ``(B) the hourly rate of basic pay of the employee (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), and all that amount is premium pay. A determination as to the existence and duration of such an emergency and its aftermath, and whether work is connected to it, shall be made at the discretion of the head of the agency (or his or her designee) in consultation with the Director of the Office of Management and Budget.''; and (2) in section 5547-- (A) by amending subsection (a) to read as follows: ``(a) An employee may be paid premium pay under sections 5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) only to the extent that the payment does not cause the aggregate of basic pay and such premium pay for any pay period for such employee to exceed the greater of-- ``(1) the maximum rate of basic pay payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or ``(2) the rate payable for level V of the Executive Schedule.''; (B) by amending subsection (b)(1) to read: ``(1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency as specified under section 5542(a)(4).''; (C) by amending subsection (b)(2) to read as follows: ``(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the greater of-- ``(A) the maximum rate of basic pay payable for GS- 15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or ``(B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year.''; (D) by amending subsection (c) to read as follows: ``(c) The Office of Personnel Management may prescribe regulations governing the applicability of subsection (b) to employees who are in receipt of annual premium pay for standby duty or administratively uncontrollable overtime work under section 5545(c) or availability pay for criminal investigators under section 5545a.'', and (E) by adding at the end: ``(d) This section shall not apply to any employee of the Federal Aviation Administration or the Department of Defense who is paid premium pay under section 5546a.'', (b) The amendments made by subsection (a) shall take effect on the first day of the first pay period beginning on or after 120 days following the date of enactment of this Act.

Revises provisions regarding limitations on premium pay to: (1) allow an employee to be paid premium pay under certain circumstances only to the extent that the payment does not cause the aggregate of basic pay and such premium pay to exceed the greater of the maximum rate of basic pay payable for GS-15 or the rate payable for level V of the Executive Schedule; (2) provide that such limitation shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency; (3) prohibit such an employee from being paid such pay if, or to the extent that, the aggregate of the basic pay and premium pay would, in any calendar year, exceed the greater of the maximum rate of basic pay payable for GS-15 or the rate payable for level V of the Executive Schedule; (4) authorize the Office of Personnel Management to prescribe regulations governing the applicability of the two preceding amendments to employees who are in receipt of annual premium pay for standby duty or administratively uncontrollable overtime work or availability pay for criminal investigators; and (5) prohibit applying such provisions to certain employees of the Federal Aviation Administration and the Department of Defense.

Federal Employees' Overtime Pay Limitation Amendments Act of 2000

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-M-u-l-t-i-e-t-h-n-i-c -P-l-a-c-e-m-e-n-t -A-c-t -o-f -1-9-9-3-'-'-. -S-E-C-. -2-. -F-I-N-D-I-N-G-S -A-N-D -P-U-R-P-O-S-E-. -(-a-) -F-i-n-d-i-n-g-s-.----C-o-n-g-r-e-s-s -f-i-n-d-s -t-h-a-t--- -(-1-) -n-e-a-r-l-y -5-0-0-,-0-0-0 -c-h-i-l-d-r-e-n -a-r-e -i-n -f-o-s-t-e-r -c-a-r-e -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-; -(-2-) -t-e-n-s -o-f -t-h-o-u-s-a-n-d-s -o-f -c-h-i-l-d-r-e-n -i-n -f-o-s-t-e-r -c-a-r-e -a-r-e -w-a-i-t-i-n-g -f-o-r -a-d-o-p-t-i-o-n-; -a-n-d -(-3-) -t-w-o -y-e-a-r-s -a-n-d -8 -m-o-n-t-h-s -i-s -t-h-e -m-e-d-i-a-n -l-e-n-g-t-h -o-f -t-i-m-e -f-o-r -c-h-i-l-d-r-e-n -w-a-i-t-i-n-g -t-o -b-e -a-d-o-p-t-e-d-. -(-b-) -P-u-r-p-o-s-e-.----I-t -i-s -t-h-e -p-u-r-p-o-s-e -o-f -t-h-i-s -A-c-t -t-o -d-e-c-r-e-a-s-e -t-h-e -l-e-n-g-t-h -o-f -t-i-m-e -f-o-r -c-h-i-l-d-r-e-n -w-a-i-t-i-n-g -t-o -b-e -a-d-o-p-t-e-d -a-n-d -t-o -p-r-e-v-e-n-t -d-i-s-c-r-i-m-i-n-a-t-i-o-n -i-n -t-h-e -p-l-a-c-e-m-e-n-t -o-f -c-h-i-l-d-r-e-n -o-n -t-h-e -b-a-s-i-s -o-f -r-a-c-e-, -c-o-l-o-r -o-r -n-a-t-i-o-n-a-l -o-r-i-g-i-n-. -S-E-C-. -3-. -M-U-L-T-I-E-T-H-N-I-C -P-L-A-C-E-M-E-N-T-S-. -(-a-) -A-c-t-i-v-i-t-i-e-s-.-- -(-1-) -P-r-o-h-i-b-i-t-i-o-n-.---A-n -a-g-e-n-c-y-, -o-r -e-n-t-i-t-y-, -t-h-a-t -r-e-c-e-i-v-e-s -F-e-d-e-r-a-l -a-s-s-i-s-t-a-n-c-e -a-n-d -i-s -i-n-v-o-l-v-e-d -i-n -a-d-o-p-t-i-o-n -o-r -f-o-s-t-e-r -c-a-r-e -p-l-a-c-e-m-e-n-t-s -m-a-y -n-o-t -d-e-l-a-y -o-r -d-e-n-y -t-h-e -p-l-a-c-e-m-e-n-t -o-f -a -c-h-i-l-d -f-o-r -a-d-o-p-t-i-o-n -o-r -i-n-t-o -f-o-s-t-e-r -c-a-r-e-, -o-r -o-t-h-e-r-w-i-s-e -d-i-s-c-r-i-m-i-n-a-t-e -i-n -m-a-k-i-n-g -a -p-l-a-c-e-m-e-n-t -d-e-c-i-s-i-o-n-, -s-o-l-e-l-y -b-e-c-a-u-s-e -o-f -t-h-e -r-a-c-e-, -c-o-l-o-r-, -o-r -n-a-t-i-o-n-a-l -o-r-i-g-i-n -o-f -t-h-e -a-d-o-p-t-i-v-e -(-o-r -f-o-s-t-e-r-) -p-a-r-e-n-t -o-r -p-a-r-e-n-t-s -o-r -t-h-e -c-h-i-l-d-. -(-2-) -P-e-r-m-i-s-s-i-b-l-e -c-o-n-s-i-d-e-r-a-t-i-o-n-.----A-n -a-g-e-n-c-y -o-r -e-n-t-i-t-y -t-o -w-h-i-c-h -p-a-r-a-g-r-a-p-h -(-1-) -a-p-p-l-i-e-s -m-a-y -c-o-n-s-i-d-e-r -t-h-e -r-a-c-e-, -c-o-l-o-r-, -o-r -n-a-t-i-o-n-a-l -o-r-i-g-i-n -o-f -a -c-h-i-l-d -i-n -a-r-r-i-v-i-n-g -a-t -a -p-l-a-c-e-m-e-n-t -d-e-c-i-s-i-o-n -i-f -s-u-c-h -f-a-c-t-o-r-s -a-r-e -r-e-l-e-v-a-n-t -t-o -t-h-e -b-e-s-t -i-n-t-e-r-e-s-t-s -o-f -t-h-e -c-h-i-l-d -i-n-v-o-l-v-e-d -a-n-d -a-r-e -c-o-n-s-i-d-e-r-e-d -i-n -c-o-n-j-u-n-c-t-i-o-n -w-i-t-h -o-t-h-e-r -f-a-c-t-o-r-s-. -(-3-) -D-e-f-i-n-i-t-i-o-n-.---A-s -u-s-e-d -i-n -t-h-i-s -s-u-b-s-e-c-t-i-o-n-, -t-h-e -t-e-r-m -`-`-p-l-a-c-e-m-e-n-t -d-e-c-i-s-i-o-n-'-' -m-e-a-n-s -t-h-e -d-e-c-i-s-i-o-n -t-o -p-l-a-c-e-, -o-r -t-o -d-e-l-a-y -o-r -d-e-n-y -t-h-e -p-l-a-c-e-m-e-n-t -o-f -a -c-h-i-l-d -i-n -a -f-o-s-t-e-r -c-a-r-e -o-r -a-d-o-p-t-i-v-e -h-o-m-e-, -a-n-d -i-n-c-l-u-d-e-s -t-h-e -d-e-c-i-s-i-o-n -o-f -t-h-e -a-g-e-n-c-y -o-r -e-n-t-i-t-y -i-n-v-o-l-v-e-d -t-o -s-e-e-k -t-h-e -t-e-r-m-i-n-a-t-i-o-n -o-f -b-i-r-t-h -p-a-r-e-n-t -r-i-g-h-t-s -o-r -o-t-h-e-r-w-i-s-e -m-a-k-e -a -c-h-i-l-d -l-e-g-a-l-l-y -a-v-a-i-l-a-b-l-e -f-o-r -a-d-o-p-t-i-v-e -p-l-a-c-e-m-e-n-t-. -(-b-) -L-i-m-i-t-a-t-i-o-n-.----T-h-e -S-e-c-r-e-t-a-r-y -o-f -H-e-a-l-t-h -a-n-d -H-u-m-a-n -S-e-r-v-i-c-e-s -s-h-a-l-l -n-o-t -p-r-o-v-i-d-e -a-d-o-p-t-i-o-n -a-s-s-i-s-t-a-n-c-e -f-u-n-d-s -u-n-d-e-r -s-e-c-t-i-o-n -4-7-4-(-a-)-(-3-) -o-f -t-h-e -S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t -t-o -a-n -a-g-e-n-c-y -o-r -e-n-t-i-t-y -t-h-a-t -i-s -n-o-t -i-n -c-o-m-p-l-i-a-n-c-e -w-i-t-h -s-u-b-s-e-c-t-i-o-n -(-a-)-. -(-c-) -E-q-u-i-t-a-b-l-e -R-e-l-i-e-f-.---A-n-y -i-n-d-i-v-i-d-u-a-l -a-g-g-r-i-e-v-e-d -b-y -a-n -a-g-e-n-c-y -o-r -e-n-t-i-t-y -i-n -v-i-o-l-a-t-i-o-n -o-f -s-u-b-s-e-c-t-i-o-n -(-a-) -s-h-a-l-l -h-a-v-e -t-h-e -r-i-g-h-t -t-o -b-r-i-n-g -a-n -a-c-t-i-o-n -s-e-e-k-i-n-g -r-e-l-i-e-f -i-n -a -U-n-i-t-e-d -S-t-a-t-e-s -D-i-s-t-r-i-c-t -C-o-u-r-t -o-f -a-p-p-r-o-p-r-i-a-t-e -j-u-r-i-s-d-i-c-t-i-o-n-. -(-d-) -C-o-n-s-t-r-u-c-t-i-o-n-.---N-o-t-h-i-n-g -i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -t-o -a-f-f-e-c-t -a-n -a-d-o-p-t-i-o-n -o-r -f-o-s-t-e-r -c-a-r-e -p-l-a-c-e-m-e-n-t -m-a-d-e -p-u-r-s-u-a-n-t -t-o -t-h-e -I-n-d-i-a-n -C-h-i-l-d -W-e-l-f-a-r-e -A-c-t -o-f -1-9-7-8 -(-2-5 -U-.-S-.-C-. -1-9-0-1 -e-t -s-e-q-.-)-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiethnic Placement Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) nearly 500,000 children are in foster care in the United States; (2) tens of thousands of children in foster care are waiting for adoption; (3) 2 years and 8 months is the median length of time that children wait to be adopted; (4) child welfare agencies should work to eliminate racial, ethnic, and national origin discrimination and bias in adoption and foster care recruitment, selection, and placement procedures; and (5) active, creative, and diligent efforts are needed to recruit parents, from every race and culture, for children needing foster care or adoptive parents. (b) Purpose.--It is the purpose of this Act to decrease the length of time that children wait to be adopted and to prevent discrimination in the placement of children on the basis of race, color, or national origin. SEC. 3. MULTIETHNIC PLACEMENTS. (a) Activities.-- (1) Prohibition.--An agency, or entity, that receives Federal assistance and is involved in adoption or foster care placements may not-- (A) categorically deny to any person the opportunity to become an adoptive or a foster parent, solely on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved; or (B) unduly delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved. (2) Permissible consideration.--An agency or entity to which paragraph (1) applies may consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the best interests of the child involved and is considered in conjunction with other factors. (3) Definition.--As used in this subsection, the term ``placement decision'' means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. (b) Limitation.--The Secretary of Health and Human Services shall not provide placement and administrative funds under section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3)) to an agency or entity described in subsection (a) that is not in compliance with subsection (a). (c) Equitable Relief.--Any individual who is aggrieved by an action in violation of subsection (a), taken by an agency or entity described in subsection (a), shall have the right to bring an action seeking relief in a United States district court of appropriate jurisdiction. (d) Construction.--Nothing in this section shall be construed to affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).

Multiethnic Placement Act of 1993 - Prohibits an agency or entity that receives Federal assistance and is involved in adoptive or foster care placements from categorically denying to any person the opportunity to become an adoptive or a foster parent, or delaying or denying the placement of a child, solely on the basis of race, color, or national origin of the adoptive or foster parent or parents, or the child, involved. Permits consideration of the child's race, color, or national origin when such factors are: (1) considered in conjunction with other factors; and (2) relevant to the child's best interest. Withholds specified adoption assistance funds from such an agency or entity in cases of noncompliance. Grants any individual aggrieved by a noncomplying agency or entity the right to bring an action in the appropriate U.S. District Court. Declares that nothing in this Act shall be construed to affect the application of the Indian Child Welfare Act of 1978.

Multiethnic Placement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Human Rights Accountability Act of 2012''. SEC. 2. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF SYRIA OR THEIR FAMILY MEMBERS. (a) In General.--The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b). (b) List of Persons Who Are Responsible for or Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Syria or persons acting on behalf of that Government that the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Syria or their family members, regardless of whether such abuses occurred in Syria. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and (B) as new information becomes available. (3) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Syria, that monitor the human rights abuses of the Government of Syria. (c) Sanctions Described.--The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO COMMIT HUMAN RIGHTS ABUSES. (a) In General.--The President shall impose sanctions described in section 2(c) with respect to-- (1) each person on the list required by subsection (b); and (2) any person that-- (A) is a successor entity to a person on the list; (B) owns or controls a person on the list, if the person that owns or controls the person on the list had actual knowledge or should have known that the person on the list engaged in the activity described in subsection (b)(2) for which the person was included in the list; or (C) is owned or controlled by, or under common ownership or control with, the person on the list, if the person owned or controlled by, or under common ownership or control with (as the case may be), the person on the list knowingly engaged in the activity described in subsection (b)(2) for which the person was included in the list. (b) List.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment. (2) Activity described.-- (A) In general.--A person engages in an activity described in this paragraph if the person-- (i) transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to Syria; or (ii) provides services with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to Syria. (B) Applicability to contracts and other agreements.--A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act. (C) Goods or technologies described.--Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Syria or any of its agencies or instrumentalities to commit human rights abuses against the people of Syria, including-- (i) firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code), rubber bullets, police sticks, mace, stun grenades, tasers or other electroshock weapons, tear gas, water cannons, or surveillance technology; or (ii) sensitive technology (as defined in section 5(c)). (3) Special rule to allow for termination of sanctionable activity.--The President shall not be required to include a person on the list required by paragraph (1) if the President certifies in writing to the appropriate congressional committees that-- (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable assurances that the person will not knowingly engage in any activity described in paragraph (2) in the future. (4) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and (B) as new information becomes available. (5) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN CENSORSHIP IN SYRIA. (a) In General.--The President shall impose sanctions described in section 2(c) with respect to each person on the list required by subsection (b). (b) List of Persons Who Engage in Censorship.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons that the President determines have engaged in censorship, or activities relating to censorship, in a manner that prohibits, limits, or penalizes the legitimate exercise of freedom of expression by citizens of Syria. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and (B) as new information becomes available. (3) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. SEC. 5. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS THAT EXPORT SENSITIVE TECHNOLOGY TO SYRIA AND THEIR AFFILIATES. (a) In General.--Except as provided in subsection (b), and pursuant to such regulations as the President may prescribe, the head of an executive agency may not enter into or renew a contract, on or after the date that is 90 days after the date of the enactment of this Act, for the procurement of goods or services with-- (1) a person that exports sensitive technology to Syria; or (2) any person that-- (A) is a successor entity to a person referred to in paragraph (1); (B) owns or controls a person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) has actual knowledge or should know that the person referred to in paragraph (1) exports sensitive technology to Syria; or (C) is owned or controlled by, or under common ownership or control with, a person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engages in the exportation by the person referred to in paragraph (1) of sensitive technology to Syria. (b) Authorization To Exempt Certain Products.--The President is authorized to exempt from the prohibition under subsection (a) only eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)). (c) Sensitive Technology Defined.-- (1) In general.--The term ``sensitive technology'' means hardware, software, telecommunications equipment, or any other technology, that the President determines is to be used specifically-- (A) to restrict the free flow of unbiased information in Syria; or (B) to disrupt, monitor, or otherwise restrict speech of the people of Syria. (2) Exception.--The term ``sensitive technology'' does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (d) Special Rule To Allow for Termination of Sanctionable Activity.--The prohibition in subsection (a) shall not apply with respect to a person described in paragraph (1) or (2) of subsection (a) if the President certifies in writing to the appropriate congressional committees that-- (1) the person described in paragraph (1) of that subsection is no longer engaging in, or has taken significant verifiable steps toward stopping, exporting sensitive technology to Syria; and (2) the President has received reliable assurances that that person will not knowingly export sensitive technology to Syria in the future. SEC. 6. WAIVER. The President may waive the requirement to include a person on a list required by section 2, 3, or 4 or to impose sanctions pursuant to any such section, or the application of section 5(a), if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a report on the reasons for that determination. SEC. 7. TERMINATION. (a) In General.--The provisions of this Act and any sanctions imposed pursuant to this Act shall terminate on the date on which the President submits to the appropriate congressional committees-- (1) the certification described in subsection (b); and (2) a certification that-- (A) the Government of Syria is democratically elected and representative of the people of Syria; or (B) a legitimate transitional government of Syria is in place. (b) Certification Described.--A certification described in this subsection is a certification by the President that the Government of Syria-- (1) has unconditionally released all political prisoners; (2) has ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Syria engaged in peaceful political activity; (3) has ceased its practice of procuring sensitive technology designed to restrict the free flow of unbiased information in Syria, or to disrupt, monitor, or otherwise restrict the right of citizens of Syria to freedom of expression; (4) has ceased providing support for foreign terrorist organizations and no longer allows such organizations, including Hamas, Hezbollah, and Palestinian Islamic Jihad, to maintain facilities in territory under the control of the Government of Syria; (5) has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles; (6) is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, and has provided credible assurances that it will not engage in such activities in the future; and (7) has agreed to allow the United Nations and other international observers to verify that the Government of Syria is not engaging in such activities and to assess the credibility of the assurances provided by that Government. (c) Suspension of Sanctions After Election of Democratic Government.--If the President submits to the appropriate congressional committees the certification described in subsection (a)(2), the President may suspend the provisions of this Act and any sanctions imposed under this Act for not more than one year to allow time for a certification described in subsection (b) to be submitted. SEC. 8. RECORDKEEPING. The President may prescribe such regulations requiring recordkeeping, reporting, and production of documents as the President determines appropriate to carry out this Act. SEC. 9. DEFINITIONS. In this Act, the terms ``appropriate congressional committees'' and ``knowingly'' have the meanings given those terms in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

Syria Human Rights Accountability Act of 2012 - Directs the President to submit, and update every 180 days and as new information becomes available, the following lists to Congress: (1) Syrian government officials or persons acting on behalf of that government who are responsible for or complicit in the commission of serious human rights abuses against Syrian citizens or their family members, regardless of whether such abuses occurred in Syria; (2) persons who knowingly transfer or facilitate the transfer of goods or technologies (weapons, surveillance technology, or sensitive technology) that are likely to be used by Syria to commit human rights abuses against the Syrian people; and (3) persons who engage in censorship that prohibits, limits, or penalizes the legitimate exercise of freedom of expression by Syrian citizens. Directs the President to impose specified property and finance-related sanctions on such listed persons and make them ineligible for U.S. entry. Authorizes the President to waive the listing of a person or the imposition of sanctions if in the U.S. national security interest. Prohibits the head of a federal agency from entering into or renewing a contract for the procurement of goods or services with a person (or a person owning or controlling such person) that exports sensitive technology to Syria. Authorizes the President to exempt certain products from such prohibition. Defines "sensitive technology" as hardware, software, telecommunications equipment, or any other technology that is used to: (1) restrict the free flow of unbiased information in Syria; or (2) disrupt, monitor, or otherwise restrict the speech of the Syrian people.

A bill to impose sanctions with respect to human rights abuses committed against the people of Syria, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Readiness Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``career guidance counselor'' means an individual who is certified in career guidance and who assists students with evaluating career options, opportunities, planning, and decisionmaking and in seeking and obtaining employment. (2) The term ``generic skills'' means cross-industry, cross-occupation skills which are necessary for all individuals to have to be effective participants in the workforce. (3) The term ``Secretary'' means the Secretary of Education. (4) The term ``school-to-work transition'' means the process by which students acquire academic and occupational skills and work experience to assist in the transition from school to employment. TITLE I--NATIONAL BOARD ON WORKFORCE SKILLS SEC. 101. ESTABLISHMENT. There is established a National Board on Workforce Skills for the 21st Century (in this title referred to as the ``National Board''). SEC. 102. PURPOSE. It is the purpose of this title to oversee the development of voluntary national standards that will identify the generic workplace readiness skills which employers agree all students should have upon completion of high school in order to be effective participants in the workforce. SEC. 103. DUTIES. The National Board shall-- (1) work with employers and educators to establish, through a broad public process, voluntary national standards that will identify the generic workplace readiness skills which employers agree that students should have upon completion of high school; (2) in developing such standards, take into consideration current work in this area undertaken under other auspices, including activities carried out under title II; (3) consult with industry-specific occupational boards formulate work-ready skills standards; (4) conduct research and evaluation activities necessary to determine the relationship between possession of skills and increased work performance; (5) update such skills as the skill requirements of the economy change; (6) conduct research and demonstration activities which include the development and testing of models for integrating skills into the school-based learning in the K-12 grades, giving priority to models which integrate academic and workplace instruction beginning in elementary school grades; (7) release draft standards for broad review and comment, and ensure the input of a broad range of employers including small businesses; (8) once the final standards have been approved by the National Board, work with consortia of employers, labor, and education representatives to incorporate the standards into State and local systemic education reform efforts; and (9) recommend procedures for the dissemination of information and the provision of technical assistance to consortia of business, labor, and education. SEC. 104. COMPOSITION. The National Board shall be composed of 23 members appointed in accordance with section 105, representing business and industry, labor, education, and local government. The National Board shall reflect a broad range of businesses, including representatives from the manufacturing, financial, and service sectors. SEC. 105. MEMBERSHIP. Members of the National Board shall be appointed as follows: (1) 7 members, of which at least 3 shall be Baldrige Award winners, shall be appointed by the Speaker of the House of Representatives, upon recommendations of the majority and minority leaders of the House, respectively. (2) 7 members, of which at least 3 shall be Baldrige Award winners, shall be appointed by the President pro tempore of the Senate, upon recommendations of the majority and minority leaders of the Senate, respectively. (3) 7 members, of which at least 3 shall be Baldrige Award winners, shall be appointed by the President of the United States. SEC. 106. EX OFFICIO MEMBERS. The Secretary of education and the Secretary of Labor shall serve as ex officio members of the National Board. SEC. 107. TERMS OF APPOINTEES. (a) Initial Appointments.--The members of the National Board appointed under paragraph 1 of section 105 shall be appointed for a term of 3 years, the members appointed under paragraph 2 of section 105 shall be appointed for a term of 4 years, and the members appointed under paragraph 3 of section 105 shall be appointed for a term of 5 years. (b) Subsequent Terms.--After the terms under subsection (a) are served, each member appointed subsequently shall be appointed for a 3- year term. SEC. 108. CHAIRPERSON. The National Board shall annually elect a Chairperson from among its members who shall serve for a term of 1 year. SEC. 109. COMPENSATION AND EXPENSES. (a) Compensation.--Members of the National Board shall serve without compensation. (b) Expenses.--While away from their homes or regular places of business on the business of the National Board, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5, United States Code. (c) Staff.--The National Board shall appoint an Executive Director who shall be compensated at a rate determined by the National Board not to exceed level 15 of the General Schedule under title 5, United States Code, and who may appoint such staff as is necessary. TITLE II--SCHOOL-TO-WORK TRANSITION PROGRAMS SEC. 201. PURPOSE. It is the purpose of this title to develop school-to-work transition programs which provide students with the education and skills necessary to enter the workplace ready to perform and able to attain a satisfactory standard of living. SEC. 202. GRANT AUTHORIZATION. (a) In General.--The Secretary is authorized to make grants to local educational agencies to develop, implement, or expand programs which integrate workplace skills into the regular school curriculum in order to facilitate the transition from school to work. (b) Equitable Distribution of Assistance.--In approving grants under this title, the Secretary shall assure an equitable distribution of assistance among the States and among urban and rural areas of the States. SEC. 203. APPLICATIONS. (a) In General.--A local educational agency that desires to receive a grant under this title shall submit an application to the Secretary at such time, in such form, and containing such information that the Secretary may reasonably require. (b) Contents of Application.--Such application shall include-- (1) the composition of the business/industry/labor partnership with which the local education agency will work to develop and implement an effective school-to-work transition program; (2) a description of how funds will be used; (3) a description of how the program will be coordinated with K-12 vocational educational programs; and (4) an assurance that the applicant shall maintain data and information regarding the program, including the number of students served. SEC. 204. USES OF FUNDS. (a) Requirements.--Grants made available under this title shall be used by local educational agencies working to develop and implement comprehensive school-to-work transition which shall include processes and procedures for-- (1) enabling students to gain a better understanding of skill necessary for the workplace through work site visits, demonstrating and using of business technologies in the classroom, and bringing representatives of business and organized labor into the classroom; (2) developing or adopting curricula and instructional materials which incorporate generic workplace skills; (3) expanding opportunities for students to enter career preparation programs that integrate academic instruction with workplace instruction; (4) providing career guidance counselors to assist students seeking job placement or further occupational specific education; and (5) professional development strategies for teachers, principals, counselors, and other school personnel to further the purposes of this title. (b) Optional Activities.--A local educational agency may-- (1) initiate a flexible school schedule to enable students to spend adequate time in the classroom and at the workplace; and (2) design programs which enhance opportunities for students to enter into programs leading to an associate degree in an occupational field or program authorized under part E, title III of the Carl Perkins Vocational and Applied Technology Education Act. SEC. 205. ALLOTMENT OF FUNDS. (a) Federal Share.--The Federal share of a grant under this title may not exceed-- (1) 90 percent of the total cost of a project for the first year for which the project receives assistance under this title, and (2) 75 percent of such cost for the second such year and each subsequent year. (b) Other Sources.--The share of payments from sources other than funds appropriated under this title may be in cash or in-kind fairly evaluated. SEC. 206. REPORTING. (a) Reports to Secretary.--A local educational agency that receives a grant under this title shall submit a report to the Secretary each year. (b) Report to the Congress.--The Secretary shall submit to the Congress a biannual report. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $100,000,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, and 1997 for grants to local educational agencies for the development and implementation of programs under this title to assist students to make the transition from school to work. (b) Funds for National Board.--Of the funds authorized under subsection (a), 5 percent shall be reserved for activities authorized under title I of this Act.

Workforce Readiness Act of 1993 - Title I: National Board on Workforce Skills - Establishes a National Board on Workforce Skills for the 21st Century. Title II: School-to-Work Transition Programs - Authorizes the Secretary of Education to make grants to local educational agencies to develop, implement, or expand programs which integrate workplace skills into the regular school curriculum to facilitate the transition from school to work. Sets forth reporting requirements. Authorizes appropriations for such grants and for the National Board.

Workforce Readiness Act of 1993