FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Reform Amendments Act of 1994''. SEC. 2. GARNISHMENT OF PAY OF FEDERAL EMPLOYEES. Subsection (i) of section 5520a of title 5, United States Code, is amended-- (1) by striking out ``The provisions'' and inserting in lieu thereof ``(1) Except as provided in paragraph (2), the provisions''; and (2) by adding at the end thereof the following: ``(2)(A) Each agency, upon receipt of legal process relating to an employee's legal obligation to provide child support that is regular on its face shall-- ``(i) within five working days after the date pay would have been paid or credited to the employee by the agency, comply with the order, notwithstanding subsection (f); ``(ii) forward the amount withheld pursuant to the order to the State or custodial parent specified in the order; and ``(iii) keep records of the amounts so withheld. ``(B) In addition to service provided for under subsection (c), such an order may be served on the agency by first-class mail. ``(C) Each agency shall be subject to, and comply with, any civil fine of not more than $1,000 imposed by a State if the agency receives such an order and fails to comply with the order within 10 working days after the date wages would have been paid or credited to the employee by the agency.''. SEC. 3. ELIMINATION OF SECOND COURT ORDER TO ATTACH RETIREMENT FUNDS FOR CHILD SUPPORT. (a) CSRS.--Subsection (j) of section 8345 of title 5, United States Code, is amended by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: ``(3) Notwithstanding paragraph (1), an individual owed a child support arrearage (determined under a court order or an order of an administrative process established under State law) may attach any interest in payments under this subchapter which would otherwise be payable to an employee, Member, or annuitant who owes the support, without the requirement of a separate order, but only if the State provides procedures for notice and an expedited hearing if requested by such employee, Member, or annuitant. Payments attached under this paragraph shall be held in escrow pending a determination pursuant to such a hearing (if any).''. (b) TSP.--Paragraph (3) of section 8437(e) of such title is amended by adding at the end the following: ``An individual owed a child support arrearage (determined under a court order or an order of an administrative process established under State law) may attach any interest in moneys due or payable from the Thrift Savings Fund which would otherwise be payable to an employee, Member, or annuitant who owes the support, without the requirement of a separate order, but only if the State provides procedures for notice and an expedited hearing if requested by such employee, Member, or annuitant. Amounts due or payable which are attached under this paragraph shall be held in escrow pending a determination pursuant to such a hearing (if any).''. (c) FERS.--Section 8467 of such title is amended by adding at the end the following: ``(c) Notwithstanding paragraph (1), an individual owed a child support arrearage (determined under a court order or an order of an administrative process established under State law) may attach any interest in payments under this subchapter which would otherwise be payable to an employee, Member, or annuitant who owes the support, without the requirement of a separate order, but only if the State provides procedures for notice and an expedited hearing if requested by such employee, Member, or annuitant. Payments attached under this paragraph shall be held in escrow pending a determination pursuant to such a hearing (if any).''. SEC. 4. DENIAL OF FEDERAL BENEFITS AND EMPLOYMENT TO CERTAIN PERSONS WITH LARGE CHILD SUPPORT ARREARAGES. (a) Benefits.--Notwithstanding any other provision of law, an agency of the Federal Government may not provide a Federal benefit to any person-- (1) who is in arrears by more than 3 months in the payment of child support, determined under a court order or an order of an administrative process established under State law; and (2) who has not entered into or is not in compliance with a plan or an agreement to pay the arrearages. (b) Employment.-- (1) In general.--Notwithstanding any other provision of law, an individual who is in arrears by more than 3 months in the payment of child support, determined under a court order or an order of an administrative process established under State law, must, as a condition of accepting employment in any position in an agency, enter into or be in compliance with a plan or agreement to pay the arrearages. (2) Regulations.--Regulations to carry out paragraph (1) shall-- (A) with respect to positions in the executive branch, be prescribed by the President (or designee); and (B) with respect to positions in the legislative branch, be prescribed jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives (or their designees) and in consultation with the heads of the agencies of the legislative branch. (c) Study.--With respect to the judicial branch, the Director of the Administrative Office of the United States Courts shall assess the feasibility of denying Federal benefits and employment to persons with child support arrears exceeding three months. (d) Definitions.--For purposes of this section-- (1) the term ``child support'' has the meaning given such term in section 462 of the Social Security Act; (2) the term ``Federal benefit'' means a grant, loan, professional license, or commercial license provided by an agency of the United States, but does not include-- (A) any benefit eligibility for which, or the amount of which, is based, in whole or in part, on the financial means of the applicant or recipient; (B) loans or grants made for educational purposes; or (C) loans or grants for job training; and (3) the term ``agency'' means any department, agency, or instrumentality in the executive or legislative branches of the Federal Government. (e) Effective Date.--This section shall take effect as of November 1, 1995. SEC. 5. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT. The Secretary of State is authorized to refuse a passport or revoke, restrict, or limit a passport in any case in which the Secretary of State determines or is informed by competent authority that the applicant or passport holder is a noncustodial parent who is the subject of an outstanding State warrant of arrest for nonpayment of child support, where the amount in controversy is not less than $10,000. Passed the House of Representatives October 4, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Child Support Reform Amendments Act of 1994 - Amends Federal law to require a Federal agency to comply with a child support enforcement order by garnishing an employee's pay upon receipt of legal process. Amends Federal law with respect to specified retirement funds to authorize an individual owed a child support arrearage to attach such funds without the requirement of a second separate order if the relevant State provides notice and expedited hearings procedures. Conditions Federal benefits and employment to an individual who is more than three months in arrears for child support upon such individual's compliance with a plan to pay the arrearage. Instructs the Director of the Administrative Office of the United States Courts to assess the feasibility of denying Federal benefits and employment to persons with child support arrears exceeding three months. Authorizes the Secretary of State to refuse, revoke, restrict, or limit a passport with respect to a noncustodial parent who is the subject of an outstanding State arrest warrant for nonpayment of child support where the amount in controversy is at least $10,000.

Child Support Reform Amendments Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Established Provider Act of 2013''. SEC. 2. MEDICARE ESTABLISHED PROVIDER SYSTEM. Title XVIII of the Social Security Act is amended by inserting after section 1893 of such Act (42 U.S.C. 1395ddd) the following new section: ``SEC. 1893A. MEDICARE ESTABLISHED PROVIDER SYSTEM. ``(a) In General.--The Secretary shall develop and implement a system (in this section referred to as the `Medicare Established Provider System') to designate providers of services and suppliers who represent a low risk for submitting fraudulent claims for payment under this title as established providers for purposes of applying the protections described in subsection (c). Under such system-- ``(1) the Secretary shall establish a process, in accordance with subsection (c), under which-- ``(A) providers of services and suppliers may apply for designation as established providers; ``(B) such providers and suppliers who qualify, in accordance with subsection (b), as established providers are so designated (including through the use of entities trained by an Internet training course of the Centers for Medicare & Medicaid Services or through training provided by other specified organizations); and ``(C) such providers and suppliers who no longer qualify as established providers lose such designation; and ``(2) the Secretary shall establish an electronic system for the submission of documentation by providers of services, suppliers, or third parties, with respect to a claim for payment under this title that is under review, for each level of review applicable to such claim. ``(b) Qualifying as Established Providers.--Under such system, to qualify as an established provider for a period with respect to a reporting period (as specified by the Secretary), a provider of services or supplier shall demonstrate, as specified by the Secretary, that-- ``(1) with respect to the reporting period beginning after the date of the enactment of this section but before the date described in paragraph (2), at least 75 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment under this title; ``(2) with respect to a reporting period beginning after the date that is 2 years after the date of enactment of this section, at least 80 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment under this title; and ``(3) of all claims for payment under this title for items and services furnished by such provider or supplier for which an initial determination was made that payment may not be made under this title, at least 90 percent were appealed by such provider or supplier. ``(c) Designation Process.--The process under subsection (a)(1)-- ``(1) shall allow a provider of services or supplier designated as an established provider under this section to demonstrate that the provider or supplier maintains compliance with the qualification requirements under subsection (b) based on annual updates on the status of claims for payment under this title for items and services furnished by such provider or supplier with respect to each level of review, including the number of such claims within each such level of review for which a determination was made that payment should be made, should be partially made, or should not be made under this title; ``(2) shall provide a method through which it may be determined whether or not the qualifying requirements under subsection (b) have been satisfied and maintained by a provider of services or supplier with respect to a period; ``(3) provide for the identification of established providers within appropriate systems of the Centers of Medicare & Medicaid Services; and ``(4) provide for a global track record of compliance by providers of services and suppliers with the qualifying requirements under subsection (b), including by identifying such providers and suppliers by the management company provider number rather than by each individual provider, supplier, or facility, for purposes of efficiency. ``(d) Protections for Established Providers.--Notwithstanding any other provision of law, in the case of a provider of services or supplier designated as an established provider under this section with respect to a period the following protections shall apply: ``(1) With respect to a claim submitted during such period for payment under this title for items or services furnished by such provider or supplier, which is subject to review for whether or not payment should be made under such title and with respect to which an additional documentation request has been issued, payment under this title for such claim may not be withheld unless a final determination has been made that such payment should not be made. ``(2) In the case that a final determination has been made that payment under this title should not have been made with respect to a claim described in paragraph (1), repayment of such payment shall be made electronically by the provider not later than 45 days after notification of such decision. In applying the previous sentence, if the Secretary determines that repayment within such 45-day period would result in a significant hardship to the provider involved, the Secretary may, on a case-by-case basis, extend the 45-day period described in such sentence by such number of days as the Secretary determines appropriate in accordance with a specified repayment plan. ``(3) The Secretary shall provide for a method to apply section 1869 with respect to an initial determination of any claim submitted during such period for payment under this title for items and services furnished by such provider or supplier, without the application of paragraph (3) of section 1869(a) (relating to redeterminations).''.

Medicare Established Provider Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to develop a system to designate service providers and suppliers who meet specified criteria representing a low risk for submitting fraudulent Medicare claims as established providers afforded certain special treatment in the claim review process.

Medicare Established Provider Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Muscogee Nation of Florida Federal Recognition Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Muscogee Nation of Florida is comprised of lineal descendants of persons who were historically part of the Creek Confederacy, which relocated from Daleville, Alabama, and other areas of southern Alabama to the State of Florida between 1812 and 1887; (2) those Creek persons settled in the north Florida panhandle in autonomous communities (referred to in the constitution of the Muscogee Nation as ``Townships''), continuing the lifestyle and traditions practiced by the historic Creek Nation of Alabama and Georgia; (3)(A) on dissolution of the Creek Confederacy, the ancestors of current members of the Muscogee Nation of Florida relocated and reestablished home sites, traditions, ceremonial centers, tribal government (including through the traditional appointment of tribal leaders), and tribal economy in rural areas of the State of Florida; (B) the relocation described in subparagraph (A) did not prevent the Nation from-- (i) continuing to exercise the governing powers of the Nation; (ii) providing services to members of the Nation; or (iii) enjoying the communal lifestyle of the Nation; and (C) some members of the Nation remain on original home sites of their Creek ancestors; (4) members of the Nation-- (A) participated in the 1814 Treaty of Ft. Jackson and the Apalachicola Treaty of October 11, 1832; and (B) were included in the Abbott-Parsons Creek Census, dated 1832 and 1833; (5) members of the Nation have established an ancestral claim to land taken from the Nation by General Andrew Jackson in the aftermath of the War of 1812 pursuant to the 1814 Treaty of Ft. Jackson; (6) beginning in 1971, the Secretary of the Interior distributed to members of the Nation in 3 actions per capita payments for land claim settlements; (7)(A) in 1974, the State of Florida established the Northwest Florida Creek Indian Council to manage issues relating to Creek Indians in northwest Florida; and (B) in 1978, the Council held an election for representatives to the tribal government known as the ``Florida Tribe of Eastern Creek Indians'', which is now the Muscogee Nation of Florida; (8) in 1986, the Senate and House of Representatives of the State of Florida passed resolutions recognizing the Muscogee Nation of Florida as an Indian tribe; (9) the community of Bruce in Walton County, Florida, has been a governing center for the Nation for more than 150 years; (10) in the community of Bruce, the Nation-- (A) beginning in the early 1860s, used and maintained the Antioch Cemetery, which remains in use by members of the Nation as of the date of enactment of this Act; (B) between 1895 and 1947, maintained a school that was attended by members of the Nation; (C) in 1912, established a church that is recognized by the Methodist Conference as a Native American church; and (D) maintained a ceremonial area on Bruce Creek that was attended until the late 1920s; (11) the ceremonial area of the Nation, as in existence on the date of enactment of this Act-- (A) is located in the community of Blountstown, Florida, 1 of the reservations referred to in the Apalachicola Treaty of October 11, 1832; and (B) is the site of continuing ceremonies, such as Green Corn, and traditional events; (12) local governments have recognized the community of Bruce as the center of tribal government of the Nation; and (13) during the 30-year period preceding the date of enactment of this Act, the Nation has received Federal, State, and local grants, and entered into contracts, to provide services and benefits to members of the Nation. SEC. 3. DEFINITIONS. In this Act: (1) Member.--The term ``member'' means-- (A) an individual who is an enrolled member of the Nation as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Nation in accordance with this Act. (2) Nation.--The term ``Nation'' means the Muscogee Nation of Florida (formerly known as the ``Florida Tribe of Eastern Creek Indians''). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal council.--The term ``Tribal Council'' means the governing body of the Nation. SEC. 4. FEDERAL RECOGNITION. (a) Recognition.-- (1) In general.--Federal recognition is extended to the Nation. (2) Applicability of laws.--All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this Act shall be applicable to the Nation and members. (b) Federal Services and Benefits.-- (1) In general.--On and after the date of enactment of this Act, the Nation and members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to-- (A) the existence of a reservation for the Nation; or (B) the location of the residence of any member on or near any Indian reservation. (2) Service area.--For the purpose of the delivery of Federal services to members, the service area of the Nation shall be considered to be-- (A) the community of Bruce in Walton County, Florida; and (B) an area in the State of Florida in which members reside that is bordered-- (i) on the west by the Escambia River; and (ii) on the east by the St. Marks River. SEC. 5. CONSTITUTION AND BYLAWS. (a) In General.--The constitution and bylaws of the Nation shall be the constitution and bylaws of the Tribal Council dated January 21, 2001 (including amendments), as submitted to the Secretary for approval on recognition. (b) New Constitution and Bylaws.--On receipt of a written request of the Tribal Council, the Secretary shall hold a referendum for members for the purpose of adopting a new constitution and bylaws, in accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476). SEC. 6. TRIBAL COUNCIL. The Tribal Council-- (1) shall represent the Nation and members; and (2) may-- (A) enter into any contract, grant agreement, or other agreement with any Federal department or agency; (B) carry out or administer such programs as the Tribal Council determines to be appropriate to carry out the contracts and agreements; and (C) designate a successor in interest pursuant to a new constitution or bylaw of the Nation adopted under section 5(b). SEC. 7. MEMBERSHIP ROLL. The membership roll of the Nation shall be determined in accordance with the membership criteria established by the ordinance of the Nation numbered 04-01-100 and dated February 7, 2004.

Muscogee Nation of Florida Federal Recognition Act - Extends federal recognition to the Muscogee Nation of Florida (the Nation). Makes the Nation and its members eligible for all services and benefits provided by the federal government to federally recognized Indian tribes. Considers, for the purpose of the delivery of federal services to members, the service area of the Nation to be: (1) the community of Bruce in Walton County, Florida; and (2) an area in Florida in which members reside that is bordered on the west by the Escambia River and on the east by the St. Marks River. Declares that the constitution and bylaws of the Nation shall be the constitution and bylaws of the Nation's Tribal Council dated January 21, 2001 (including amendments). Instructs the Secretary of the Interior, upon receipt of a written request of the Tribal Council, to hold a referendum for members to adopt a new constitution and bylaws. Specifies the role and duties of the Tribal Council. Requires that the membership roll of the Nation be determined in accordance with the membership criteria established by the ordinance of the Nation numbered 04-01-100 and dated February 7, 2004.

A bill to extend Federal recognition to the Muscogee Nation of Florida.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``No Discrimination in Health Insurance Act of 2008''. (b) Purpose.--It is the purpose of this Act to-- (1) eliminate the application of pre-existing condition exclusions in all group health coverage policies and all individual health insurance policies; and (2) provide that all health insurance issuers determine and openly disclose the premium price for each and every group health insurance policy and each and every individual health insurance policy, such that within a specific metropolitan statistical area, or other geographic area, all such premiums and prices established by a given issuer shall be uniform. SEC. 2. NONDISCRIMINATION IN GROUP HEALTH COVERAGE. (a) Application Under the Employee Retirement Income Security Act of 1974.-- (1) Elimination of preexisting condition exclusions.-- Section 701 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181) is amended-- (A) by amending the heading to read as follows: ``elimination of preexisting condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, with respect to a participant or beneficiary-- ``(1) may not impose any pre-existing condition exclusion; and ``(2) in the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, may not provide for an affiliation period with respect to coverage through the organization.''; (C) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Affiliation period.--The term `affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective.''; (D) by striking subsections (c), (d), (e), and (g); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Clerical amendment.--The item in the table of contents of such Act relating to section 701 is amended to read as follows: ``Sec. 701. Elimination of pre-existing condition exclusions.''. (b) Application Under the Internal Revenue Code of 1986.-- (1) Elimination of preexisting condition exclusions.-- Section 9801 of the Internal Revenue Code of 1986 is amended-- (A) by amending the heading to read as follows: ``elimination of preexisting condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan with respect to a participant or beneficiary may not impose any pre-existing condition exclusion.''; (C) by striking paragraph (3) of subsection (b); (D) by striking subsections (c), (d), and (e); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Clerical amendment.--The item in the table of sections of chapter 100 of such Code relating to section 9801 is amended to read as follows: ``Sec. 9801. Elimination of preexisting condition exclusions.''. (c) Application Under Public Health Service Act.-- (1) Elimination of preexisting condition exclusions.-- Section 2701 of the Public Health Service Act (42 U.S.C. 300gg) is amended-- (A) by amending the heading to read as follows: ``elimination of preexisting condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, with respect to a participant or beneficiary-- ``(1) may not impose any pre-existing condition exclusion; and ``(2) in the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, may not provide for an affiliation period with respect to coverage through the organization.''; (C) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Affiliation period.--The term `affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective.''; (D) by striking subsections (c), (d), (e), and (g); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Guaranteed availability of group health insurance coverage to employers of all sizes in the group market.-- Section 2711 of such Act (42 U.S.C. 300gg-11) is amended-- (A) in subsection (a)-- (i) in the heading, by striking ``Small''; (ii) in paragraph (1), by striking ``(c) through (f)'' and inserting ``(b) through (d)''; (iii) in paragraph (1), in the matter before subparagraph (A), by striking ``small''; (iv) in paragraph (1)(A), by striking ``small employer (as defined in section 2791(e)(4))'' and inserting ``employer''; (v) in paragraph (2), by striking ``small'' each place it appears; and (vi) in paragraph (2), by striking ``coverage to a'' and inserting ``coverage to an''; (B) by striking subsection (b); (C) in subsections (c), (d), and (e), by striking ``small'' each place it appears; and (D) by striking subsection (f). (3) Application of uniform premiums.--Section 2711 of such Act, as so amended, is amended by inserting after subsection (a) the following new subsection: ``(b) Application of Uniform Premium.-- ``(1) In general.--Each and every health insurance issuer that offers health insurance coverage in the group market in a State shall-- ``(A) shall charge the same premium price for the same coverage; and ``(B) shall openly disclose, in a manner specified by the Secretary and including disclosure through the Internet, the amount of the premium price that is being charged for the coverage involved. ``(2) Uniform application to family coverage and to different geographic areas.--Paragraph (1) shall be applied uniformly-- ``(A) for coverage on the basis of such different family categories as the Secretary approves; and ``(B) for coverage within each metropolitan statistical area and for coverage within the portions of a State that are not within a metropolitan statistical area. ``(3) Application.--Paragraph (1) shall not be construed as preventing variations in premiums that result from the application of a uniform monthly premium over different policy years.''. (4) Application of nondiscrimination rules to nonfederal governmental plans.--Section 2721(b)(2)(A) of such Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by striking ``subparts 1 through 3'' and ``such subparts'' and inserting ``subpart 2'' and ``such subpart'', respectively. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2009, regardless of whether an individual is provided coverage under a group health plan before such date. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) January 1, 2010. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement under the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. NONDISCRIMINATION IN INDIVIDUAL HEALTH INSURANCE. (a) In General.--Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended-- (1) by amending the heading to read as follows: ``guaranteed issue of individual health insurance coverage; uniform premiums''; (2) by amending subsections (a) and (b) to read as follows: ``(a) In General.-- ``(1) Guaranteed issue.--Subject to the succeeding subsections of this section, each and every health insurance issuer that offers health insurance coverage (as defined in section 2791(b)(1)) in the individual market to individuals residing in an area may not, with respect to an eligible individual (as defined in subsection (b)) residing in the area who desires to enroll in individual health insurance coverage-- ``(A) decline to offer such coverage to, or deny enrollment of, such individual; or ``(B) impose any preexisting condition exclusion (as defined in section 2701(b)(1)(A)) with respect to such coverage. ``(2) Application of uniform premium.-- ``(A) In general.--Each and every health insurance issuer that offers health insurance coverage in the individual market in a State-- ``(i) shall charge the same premium price for the same coverage; ``(ii) if the issuer offers such coverage in the group market in the State, shall charge the same premium for the same coverage offered in the group market; and ``(iii) shall openly disclose, in a manner specified by the Secretary and including disclosure through the Internet, the amount of the premium price that is being charged for the coverage involved. ``(B) Uniform application to family coverage and to different geographic areas.--Subparagraph (A) shall be applied uniformly-- ``(i) for coverage on the basis of such different family categories as the Secretary approves; and ``(ii) for coverage within each metropolitan statistical area and for coverage within the portions of a State that are not within a metropolitan statistical area. ``(C) Application.--Subparagraph (A) shall not be construed as preventing variations in premiums that result from the application of a uniform monthly premium over different policy years. ``(b) Eligible Individual Defined.--In this part, the term `eligible individual' means, with respect to an area, an individual who resides in such area, without regard to the period of such residency, and who is-- ``(1) a citizen or national of the United States; ``(2) an alien lawfully admitted to the United States for permanent residence; or ``(3) an alien who is otherwise lawfully residing in the United States.''; (3) by striking subsection (c); (4) by redesignating subsection (d) and the first subsection (e) (relating to application of financial capacity limits) as subsections (c) and (d), respectively; (5) in paragraph (1) of the subsection (e) relating to market requirements, by striking ``or through one or more bona fide associations, or both''; and (6) by striking subsection (f) and inserting the following: ``(f) Uniform Rules To Respond to Adverse Selection.-- ``(1) In general.--The Secretary may establish rules for uniform application that are designed to deter individuals-- ``(A) from enrolling in individual health insurance coverage only after they develop an illness or injury for which such coverage applies; and ``(B) from disenrolling from health insurance coverage for periods in which they are unlikely (or less likely) to require such coverage. ``(2) Considerations.--Such rules may take into account the financial and other circumstances of individuals for not being so enrolled or for so disenrolling.''. (b) Conforming Amendment.--Section 2742(b) of such Act (42 U.S.C. 300gg-42(b)) is amended by striking paragraph (5). (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after December 31, 2008.

No Discrimination in Health Insurance Act of 2008 - Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit a group health plan from imposing any preexisting conditions exclusion. Requires each health insurance issuer that offers health insurance coverage in the group market in a state to: (1) accept every employer in the state that applies for such coverage; (2) accept enrollment for every eligible individual who applies during the enrollment period; (3) charge the same premium price for the same coverage; and (4) openly disclose such premium price. Eliminates provisions allowing nonfederal governmental plans to opt out of certain group health plan requirements. Prohibits health insurance issuers that offer coverage in the individual market to individuals residing in an area from: (1) declining to offer such coverage to, or denying enrollment of, eligible individuals in the area who desire to enroll; or (2) imposing any preexisting conditions exclusion. Defines "eligible individual" to mean: (1) a U.S. citizen or national; (2) an alien lawfully admitted to the United States for permanent residence; or (3) an alien who is otherwise lawfully residing in the United States. Requires such issuers to: (1) charge the same premium price for the same coverage, including coverage offered in the group market; and (2) openly disclose such premium price. Authorizes the Secretary of Health and Human Services to establish rules to deter individuals from: (1) enrolling in individual health insurance coverage only after they develop an illness or injury; or (2) disenrolling for periods in which they are unlikely to require such coverage.

To amend the Employee Retirement Income Security Act of 1974, Public Health Service Act, and the Internal Revenue Code of 1986 to prohibit discrimination in group health coverage and individual health insurance coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Right to Vote by Mail Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls on the date of an election difficult or impossible. Under current State laws, many of these voters are not permitted to vote by mail. (3) 28 States currently allow universal absentee voting (also known as ``no-excuse'' absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request, and no State which has implemented no- excuse absentee voting has switched back. (4) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (5) Allowing all voters the option to vote by mail can lead to increased voter participation. (6) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. (7) Voting by mail is preferable to many voters as an alternative to going to the polls. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on Election Day. (8) No evidence exists suggesting the potential for fraud in absentee balloting is greater than the potential for fraud by any other method of voting. (9) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters' privacy while doing nothing to prevent voter fraud. (10) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL ELECTIONS. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) In General.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except as required under subsection (b) and except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. ``(b) Requiring Signature Verification.-- ``(1) Record of signature required for provision of ballot.--A State may not provide an absentee ballot to an individual for an election for Federal office unless the individual's signature is included on the official list of registered voters in the State or some other official record of the State connected to such list. ``(2) Verification required for acceptance and processing of submitted ballot.--A State may not accept and process an absentee ballot submitted by any individual for an election for Federal office unless the State verifies the identification of the individual by comparing the individual's signature on the absentee ballot with the individual's signature on the official list or other official record referred to in paragraph (1), in accordance with such procedures as the State may adopt. ``(c) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots on the date of the election. ``(d) Effective Date.--A State shall be required to comply with the requirements of this section with respect to elections for Federal office held in years beginning with 2012.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 303A''. (c) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Promoting ability of voters to vote by mail.''.

Universal Right to Vote by Mail Act of 2009 - Amends the Help America Vote Act of 2002 to prohibit a state from imposing additional conditions or requirements on the eligibility of an individual to cast a vote in federal elections by mail, except for purposes of obtaining signature verification for acceptance and processing of a submitted ballot, or to the extent that it imposes a deadline for requesting the ballot and returning it to the appropriate state or local election official.

To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. (2) At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. (3) A commitment to localism--local operations, local research, local management, locally-originated programming, local artists, and local news and events--would bolster radio listening. (4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. (5) In 2003, the average cost to acquire a commercial radio station was more than $2.5 million dollars. (6) In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called ``low power FM'' or ``LPFM'' to ``enhance locally focused community-oriented radio broadcasting''. (7) Through the creation of LPFM, the Commission sought to ``create opportunities for new voices on the air waves and to allow local groups, including schools, churches and other community-based organizations, to provide programming responsive to local community needs and interests''. (8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, ``We are committed to creating a low power FM radio service only if it does not cause unacceptable interference to existing radio service.''. (9) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. (10) In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. (11) The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. (12) Approximately 300 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. (13) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. SEC. 2. REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed. SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between-- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. SEC. 4. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. SEC. 5. FEDERAL COMMUNICATIONS COMMISSION RULES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. SEC. 6. TRANSLATOR LICENSING. The Federal Communications Commission shall evaluate the impact of translator licensing on low power and full power radio stations. The Federal Communications Commission shall implement policies to promote opportunities for locally based low power radio stations, while protecting full power stations from harmful interference from translator networks.

Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC to retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3 million housing units and a population density greater than 1,000 people per square mile. Requires the FCC to: (1) evaluate the impact of translator licensing on low and full power radio stations; and (2) implement policies that promote opportunities for locally based low power radio stations while protecting full power stations from harmful interference from translator networks.

A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low power FM service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Offices of Rural Health Reauthorization Act of 2018''. SEC. 2. STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act (42 U.S.C. 254r) is amended to read as follows: ``SEC. 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH. ``(a) In General.--The Secretary, acting through the Director of the Federal Office of Rural Health Policy (established under section 711 of the Social Security Act), shall make grants to each State Office of Rural Health for the purpose of improving health care in rural areas. ``(b) Requirement of Matching Funds.-- ``(1) In general.--Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless the State office of rural health involved agrees, with respect to the costs to be incurred in carrying out the purpose described in such subsection, to provide non-Federal contributions toward such costs in an amount equal to $3 for each $1 of Federal funds provided in the grant. ``(2) Waiver or reduction.--The Secretary may waive or reduce the non-Federal contribution if the Secretary determines that requiring matching funds would limit the State office of rural health's ability to carry out the purpose described in subsection (a). ``(3) Determination of amount of non-federal contribution.-- Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(c) Certain Required Activities.--Recipients of a grant under subsection (a) shall use the grant funds for purposes of-- ``(1) maintaining within the State office of rural health a clearinghouse for collecting and disseminating information on-- ``(A) rural health care issues; ``(B) research findings relating to rural health care; and ``(C) innovative approaches to the delivery of health care in rural areas; ``(2) coordinating the activities carried out in the State that relate to rural health care, including providing coordination for the purpose of avoiding redundancy in such activities; and ``(3) identifying Federal and State programs regarding rural health, and providing technical assistance to public and nonprofit private entities regarding participation in such programs. ``(d) Requirement Regarding Annual Budget for Office.--The Secretary may not make a grant under subsection (a) unless the State involved agrees that, for any fiscal year for which the State office of rural health receives such a grant, the office operated pursuant to subsection (a) of this section will be provided with an annual budget of not less than $150,000. ``(e) Certain Uses of Funds.-- ``(1) Restrictions.--The Secretary may not make a grant under subsection (a) unless the State office of rural health involved agrees that the grant will not be expended-- ``(A) to provide health care (including providing cash payments regarding such care); ``(B) to conduct activities for which Federal funds are expended-- ``(i) within the State to provide technical and other nonfinancial assistance under section 330A(f); ``(ii) under a memorandum of agreement entered into with the State office of rural health under section 330A(h); or ``(iii) under a grant under section 338I; ``(C) to purchase medical equipment, to purchase ambulances, aircraft, or other vehicles, or to purchase major communications equipment; ``(D) to purchase or improve real property; or ``(E) to carry out any activity regarding a certificate of need. ``(2) Authorities.--Activities for which a State office of rural health may expend a grant under subsection (a) include-- ``(A) paying the costs of maintaining an office of rural health for purposes of subsection (a); ``(B) subject to paragraph (1)(B)(iii), paying the costs of any activity carried out with respect to recruiting and retaining health professionals to serve in rural areas of the State; and ``(C) providing grants and contracts to public and nonprofit private entities to carry out activities authorized in this section. ``(3) Limit on indirect costs.--The Secretary may impose a limit of no more than 15 percent on indirect costs claimed by the recipient of the grant. ``(f) Reports.--The Secretary may not make a grant under subsection (a) unless the State office of rural health involved agrees-- ``(1) to submit to the Secretary reports or performance data containing such information as the Secretary may require regarding activities carried out under this section; and ``(2) to submit such a report or performance data not later than September 30 of each fiscal year immediately following any fiscal year for which the State office of rural health has received such a grant. ``(g) Requirement of Application.--The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(h) Noncompliance.--The Secretary may not make payments under subsection (a) to a State office of rural health for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State office of rural health has complied with each of the agreements made by the State office of rural health under this section. ``(i) Authorization of Appropriations.-- ``(1) In general.--For the purpose of making grants under subsection (a), there are authorized to be appropriated $12,500,000 for each of fiscal years 2018 through 2022. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

State Offices of Rural Health Reauthorization Act of 2018 This bill amends the Public Health Service Act to reauthorize through FY2022 and revise the grant program for state offices of rural health, including to require the Department of Health and Human Services (HHS) to make the grants, thus removing HHS's discretion to make them.

State Offices of Rural Health Reauthorization Act of 2018

SECTION 1. LANDS TITLE REPORT COMMISSION. (a) Establishment.--Subject to sums being provided in advance in appropriations Acts, there is established a Commission to be known as the Lands Title Report Commission (hereafter in this section referred to as the ``Commission'') to facilitate home loan mortgages on Indian trust lands. The Commission will be subject to oversight by the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Membership.-- (1) Appointment.--The Commission shall be composed of 12 members, appointed not later than 90 days after the date of the enactment of this Act as follows: (A) 4 members shall be appointed by the President. (B) 4 members shall be appointed by the Chairperson of the Committee on Banking and Financial Services of the House of Representatives. (C) 4 members shall be appointed by the Chairperson of the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Qualifications.-- (A) Members of tribes.--At all times, not less than 8 of the members of the Commission shall be members of federally recognized Indian tribes. (B) Experience in land title matters.--All members of the Commission shall have experience in and knowledge of land title matters relating to Indian trust lands. (3) Chairperson.--The Chairperson of the Commission shall be one of the members of the Commission appointed under paragraph (1)(C), as elected by the members of the Commission. (4) 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. (5) Travel expenses.--Members of the Commission shall serve without pay, but each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Initial Meeting.--The Chairperson of the Commission shall call the initial meeting of the Commission. Such meeting shall be held within 30 days after the Chairperson of the Commission determines that sums sufficient for the Commission to carry out its duties under this Act have been appropriated for such purpose. (d) Duties.--The Commission shall analyze the system of the Bureau of Indian Affairs of the Department of the Interior for maintaining land ownership records and title documents and issuing certified title status reports relating to Indian trust lands and, pursuant to such analysis, determine how best to improve or replace the system-- (1) to ensure prompt and accurate responses to requests for title status reports; (2) to eliminate any backlog of requests for title status reports; and (3) to ensure that the administration of the system will not in any way impair or restrict the ability of Native Americans to obtain conventional loans for purchase of residences located on Indian trust lands, including any actions necessary to ensure that the system will promptly be able to meet future demands for certified title status reports, taking into account the anticipated complexity and volume of such requests. (e) Report.--Not later than the date of the termination of the Commission under subsection (h), the Commission shall submit a report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing the analysis and determinations made under subsection (d). (f) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) 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 this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) 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. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this section. (6) Staff.--The Commission may appoint personnel as it considers appropriate, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall pay such personnel in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $500,000. Such sums shall remain available until expended. (h) Termination.--The Commission shall terminate 1 year after the date of the initial meeting of the Commission.

Subjects such Commission to the regulatory oversight of certain congressional committees on banking. Directs the Commission to: (1) analyze and determine how best to improve or replace the system of the Bureau of Indian Affairs (Department of the Interior) for maintaining land ownership records and title documents and issuing certified title status reports pertaining to such trust lands; and (2) report to such congressional committees. Authorizes appropriations.

To establish the Lands Title Report Commission to facilitate certain home loan mortgages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Realtime Investor Protection Act''. SEC. 2. CONSTITUTIONAL AUTHORITY. The constitutional authority on which this Act rests is the power of Congress to regulate commerce as enumerated in article I, section 8 of the United States Constitution. SEC. 3. METHOD OF MAINTAINING BROKER/DEALER REGISTRATION, DISCIPLINARY, AND OTHER DATA. Subsection (i) of section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3(i)) is amended to read as follows: ``(i) Obligation to Maintain Registration, Disciplinary and Other Data.-- ``(1) Maintenance of system to respond to inquiries.--A registered securities association shall-- ``(A) establish and maintain a system for collecting and retaining registration information; ``(B) establish and maintain a toll-free telephone listing, and a readily accessible electronic or other process, to receive and promptly respond to inquiries regarding-- ``(i) registration information on its members and their associated persons; and ``(ii) registration information on the members and their associated persons of any registered national securities exchange that uses the system described in subparagraph (A) for the registration of its members and their associated persons; and ``(C) adopt rules governing the process for making inquiries and the type, scope, and presentation of information to be provided in response to such inquiries in consultation with any registered national securities exchange providing information pursuant to subparagraph (B)(ii). ``(2) Recovery of costs.--Such an association may charge persons making inquiries, other than individual investors, reasonable fees for responses to such inquiries. ``(3) Process for disputed information.--Such an association shall adopt rules establishing an administrative process for disputing the accuracy of information provided in response to inquiries under this subsection in consultation with any registered national securities exchange providing information pursuant to paragraph (1)(B)(ii). ``(4) Limitation of liability.--Such an association, or exchange reporting information to such an association, shall not have any liability to any person for any actions taken or omitted in good faith under this subsection. ``(5) Definition.--For purposes of this subsection, the term `registration information' means the information reported in connection with the registration or licensing of brokers and dealers and their associated persons, including disciplinary actions, regulatory, judicial, and arbitration proceedings, and other information required by law, or exchange or association rule, and the source and status of such information.''. SEC. 4. FILING DEPOSITORIES FOR INVESTMENT ADVISERS. (a) Amendment.--Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended-- (1) by striking ``Every investment'' and inserting the following: ``(a) In General.--Every investment''; and (2) by adding at the end the following: ``(b) Filing Depositories.--The Commission may, by rule, require an investment adviser-- ``(1) to file with the Commission any fee, application, report, or notice required to be filed by this title or the rules issued under this title through any entity designated by the Commission for that purpose; and ``(2) to pay the reasonable costs associated with such filing and the establishment and maintenance of the systems required by subsection (c). ``(c) Access to Disciplinary and Other Information.-- ``(1) Maintenance of system to respond to inquiries.--The Commission shall require the entity designated by the Commission under subsection (b)(1) to establish and maintain a toll-free telephone listing, and a readily accessible electronic or other process, to receive and promptly respond to inquiries regarding registration information (including disciplinary actions, regulatory, judicial, and arbitration proceedings, and other information required by law or rule to be reported) involving investment advisers and persons associated with investment advisers. ``(2) Recovery of costs.--An entity designated by the Commission under subsection (b)(1) may charge persons making inquiries, other than individual investors, reasonable fees for responses to inquiries made under paragraph (1). ``(3) Limitation on liability.--An entity designated by the Commission under subsection (b)(1) shall not have any liability to any person for any actions taken or omitted in good faith under this subsection.''. (b) Conforming Amendments.-- (1) Section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a) is amended-- (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Section 306 of the National Securities Markets Improvement Act of 1996 (15 U.S.C. 80b-10, note; Public Law 104-290; 110 Stat. 3439) is repealed.

Realtime Investor Protection Act - Amends the Securities Exchange Act of 1934 to require a registered securities association to: (1) establish and maintain a registration information system on its members and their associated persons; and (2) establish and maintain a toll-free telephone listing, and a readily accessible electronic or other process, to receive and promptly respond to inquiries regarding that information. (Currently such an association is required to maintain a toll-free telephone listing to receive inquiries regarding disciplinary actions involving its members and their associated persons.) Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to require an investment adviser to: (1) file with the SEC any fee, application, report, or notice required to be filed through any entity designated by the SEC for that purpose; and (2) pay the reasonable costs associated with such filing and the establishment and maintenance of the telephone and electronic systems required by this Act. Directs the SEC to require the designated entity to establish and maintain a toll-free telephone listing, and a readily accessible electronic or other process, to receive and promptly respond to inquiries regarding registration information (including disciplinary actions, regulatory, judicial, and arbitration proceedings, involving investment advisers and persons associated with investment advisers).

To improve the access of investors to regulatory records with respect to securities brokers, dealers, and investment advisers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Amendment of 1998''. SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM. (a) Repeal of Certain State Law Requirements.-- (1) Section 202(a) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended by striking paragraphs (3), (4), (5), (6), and (7). (2) Subsection (c) of section 202 of such Act is repealed. (b) Establishment of Mandatory Triggers Based on Total Unemployment.-- (1) Section 203(d) of such Act is amended to read as follows: ``(d) For purposes of this section-- ``(1) There is a State `on' indicator for a week if-- ``(A)(i) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent three months for which data for all States are published before the close of the week equals or exceeds 7.5 percent, and ``(ii) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds (110 percent of such average for either (or both) of the corresponding 3-month periods ending in the two preceding calendar years; or ``(B) the average rate of total unemployment for such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of the week equals or exceeds 10 percent. ``(2) There is a State `off' indicator for a week unless the requirements of subparagraphs (A) or (B) of paragraph (1) are satisfied.''. (2) Section 203(e) of such Act is amended-- (A) by amending the heading to read ``Determination of Rates of Total Unemployment and Insured Unemployment'', and (B) in paragraph (1) by-- (i) striking ``subsection (d)'' and inserting ``subsection (f)(2)'', (ii) redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and (iii) redesignating paragraph (1) as paragraph (2)(B); (C) in paragraph (2) by-- (i) by striking ``subsection (d)'' and inserting ``subsection (f)(2)'', and (ii) by redesignating paragraph (2) as paragraph (2)(C); and (D) by inserting the following new paragraphs (1) and (2)(A): ``(1) For purposes of this Act, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustments) shall be made by the Secretary. ``(2)(A) For purposes of subsection (f)(2), the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters.''. (c) Requirements for Supplemental Benefits During High Unemployment Periods.--Section 202(b)(3)(B) of such Act is amended to read as follows: ``(B) For purposes of subparagraph (A), the term `high unemployment period' means any period during which an extended benefit period would be in effect if-- ``(i) section 203(d)(1)(A)(i) was applied by substituting `10 percent' for `7.5 percent'; ``(ii) section 203(d)(1)(B) was applied by substituting `12.5 percent' for `10 percent'; or ``(iii) in the event a State has enacted the indicator specified in section 203(f)(1), section 203(f)(1)(A)(i) was applied by substituting `8 percent' for `6.5 percent'. (d) Amendments to Alternative Trigger.--Section 203(f) of such Act is amended-- (1) in paragraph (1), by striking ``Effective with respect to compensation for weeks of employment beginning after March 6, 1993, the'' and inserting ``In lieu of applying the indicator specified in subsection (d)(1)(A), a''; (2) by amending paragraph (2) to read as follows: ``(2) A State may by law provide for the purpose of beginning or ending any extended period under this section that, in addition to the indicators specified in subsection (d) and paragraph (1) of this subsection, there is a State `on' indicator for a week if the rate of insured unemployment under State law for the period consisting of such week and the immediately preceding twelve weeks equals or exceeds 6 percent.''. SEC. 3. MODIFICATION IN FEDERAL UNEMPLOYMENT ACCOUNT CEILING. Section 902(a)(2) of the Social Security Act (42 U.S.C. 1102(a)(2)) is amended by inserting ``except that for the close of fiscal year 1998 the amount shall be equal to the amount certified for the close of fiscal year 1997'' before the period. SEC. 4. SPECIAL DISTRIBUTIONS TO THE STATES. (a) In General.--Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``1998,'' before ``1999'', and (B) by amending clauses (i) and (ii) to read as follows: ``(i) be subject to subparagraphs (B) and (C) to the extent such amounts are not in excess of the sum of-- ``(I) $20,000,000 (except that this subclause shall not be applicable to the close of fiscal year 2001), plus ``(II) the amount determined by the Secretary of Labor to be the difference between the amount necessary for the proper and efficient administration of the unemployment compensation program for the succeeding fiscal year (taking into account workload and other appropriate factors) and-- ``(aa) in the case of the close of fiscal year 1998, $2,420,000,000; ``(bb) in the case of the close of each of fiscal years 1999, 2000, and 2001, $2,412,000,000; ``(ii) be subject to subparagraph (D) to the extent such amounts are in excess of the sum of subclauses (I) and (II) of clause (i)''; (2) in subparagraph (B) by striking ``(A)((i)'' and inserting ``(A)(i)(II)''; (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (4) by inserting the following new subparagraph (B): ``(B) The Secretary of Labor shall reserve the amount specified in subparagraph (A)(i)(I) (at the close of fiscal years 1998, 1999, and 2000) to award grants to the States in fiscal years 1999, 2000, and 2001 to assist in the implementation of alternative base periods for determining the eligibility of claimants. Such alternative base periods shall reduce the period of time between the end of the base period for a claimant and the filing of a claim for compensation. The amounts reserved pursuant to this subparagraph shall be available to the Secretary of Labor for obligation through fiscal year 2001.''. (b) Conforming Amendment.--Section 903(c)(2) of the Social Security Act (42 U.S.C. 1103(c)(2)) is amended in the last sentence by inserting ``1999,'' before ``2000''. SEC. 5. SOLVENCY REQUIREMENTS. (a) Solvency Target.--Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is amended by adding the following new paragraph: ``(3)(A) If the Secretary of Labor finds that on December 31, 2001, a State has not achieved, or made substantial progress toward achieving, the solvency target established pursuant to subparagraph (B), then the amount available under this section for transfer to such State account for the succeeding fiscal year shall, in lieu of being so transferred, be transferred to the States meeting the requirements of this subsection. The transfers shall be made to such States based on the share of funds of each such State under subsection (a)(2), except that for purposes of this subparagraph the ratio under subsection (a)(2) shall be adjusted by excluding the wages attributable to the States failing to meet the requirements of this subparagraph. ``(B)(i) For December 31, 2001, the solvency target shall be an average high cost multiple of 1.0. For purposes of this subparagraph, the average high cost multiple represents the number of years a State could pay unemployment compensation (based on the reserve ratio of such State) if the State paid such compensation at a rate equivalent to the average benefit cost rate such State paid in the three calendar years during the preceding 20 calendar years (or, if longer, during the period consisting of the preceding three recessions as determined by the National Bureau of Economic Research) that the benefit cost rates were the highest. For purposes of making this determination-- ``(I) the term `reserve ratio' means the ratio determined by dividing the balance in the State account at the end of the calendar year by the total covered wages in the State for such year; ``(II) the term `benefit cost rate' means the rate determined by dividing the unemployment compensation paid during a calendar year by the total covered wages in the State for such year; and ``(III) the ratio and rates determined under subclauses (I) and (II) shall exclude the wages and unemployment compensation paid by employers covered under section 3309 of the Internal Revenue Code of 1986. ``(ii) For December 31, 2001, substantial progress towards achieving the solvency target shall mean that a State has reduced any difference between 1.0 and the average high cost multiple of such State (if such multiple is less than 1.0) that the Secretary found to exist on December 31, 1998, by an amount equal to or exceeding 5 percent of such difference. ``(iii) The Secretary may adjust the solvency target specified in clause (i), or the criteria for determining whether there is substantial progress towards achieving the solvency target specified in clause (ii), for States that experience significant increases in unemployment during the period between December 31, 1998 and December 31, 2001. The Secretary shall establish objective criteria for making such adjustments. ``(iv) A State shall include, as part of the annual State plan relating to the administration of grants under this title, such information as the Secretary may request relating to the manner in which the State intends to achieve the solvency target established pursuant to this paragraph.''. (b) Distribution to the States for Fiscal Year 2003.--Section 903(a)of the Social Security Act (42 U.S.C. 1103(a)) is amended by adding the following paragraph: ``(4) Notwithstanding any other provisions of this section, with respect to any excess amount (referred to in paragraph (1)) remaining in the employment security administration account as of the close of fiscal year 2002, such amount shall-- ``(A) to the extent of any amount not in excess of $2,600,000,000 be subject to paragraphs (1) and (2), and ``(B) to the extent of any amount in excess of $2,600,000,000 be retained in the employment security administration account.''. SEC. 6. EXTENSION OF SELF-EMPLOYMENT ASSISTANCE. Paragraph (2) of section 507(e) of the North American Free Trade Agreement Implementation Act (26 U.S.C. 3306 note) is amended by striking ``5 years after the date of enactment of this Act'' and inserting ``on December 8, 2008''. SEC. 7. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) General Rule.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end thereof the following new subsection: ``(u) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not required to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency may require an employer to continue to provide health benefits, and retirement benefits under a defined benefit pension plan (as defined in section 414(j)) to any employee whose workweek is reduced pursuant to the program as though the workweek of such employee had not been reduced; ``(8) the State agency may require an employers' (or an employer's association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; and ``(9) the program meets such other requirements as the Secretary of Labor determines are appropriate.''. (b) Conforming Amendments.-- (1) Subparagraph (E) of section 3304(a)(4) of such Code (26 U.S.C. 3304(a)(4)(E)) is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(u));''. (2) Paragraph (4) of section 3306(f) of such Code (26 U.S.C. 3306(f)(4)) is amended to read as follows: ``(4) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined under subsection (u));''. (3) Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(u) of the Internal Revenue Code of 1986).''. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enactment. (b) Extended Benefit Amendments.-- (1) Except as provided in paragraph (2), the provisions of section 2 of this Act shall take effect for the weeks beginning after the date that is two years after the date of enactment of this Act. (2) Pursuant to the enactment of appropriate provisions of the State law the provisions of section 2 may take effect for weeks which begin earlier than the weeks specified in paragraph (1), but not earlier than 60 days after the enactment of this Act.

Unemployment Compensation Amendment of 1998 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) repeal certain State law requirements under the extended unemployment compensation benefit program; (2) establish certain mandatory triggers based on total unemployment; (3) revise requirements for supplemental benefits during high unemployment periods; and (4) modify provisions for alternative triggers that States may establish. Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.

Unemployment Compensation Amendment of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving the American Historical Record Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Much of the American historical record, such as evidence of births, education, marriage, divorce, property owned, obligations satisfied, and criminal conduct, is held at the State and local level by organizations that preserve the records that protect the rights of the Nation. (2) The United States has recognized the importance of history by its support of national institutions such as the National Archives, the Library of Congress, and the Smithsonian Institution. Yet, this support is not adequate to reach the rest of the Nation's archives being held in State and local historical societies, archives, and library history collections. (3) More resources need to be directed to State and local organizations to ensure essential care of documents and archival records in their many forms so that they can be readily used by the people of this Nation. (4) History connects people to community--whether the community is a family, a neighborhood, a city, a State, or a Nation. Connections to the past are essential to sustaining democracy, educating students, creating a sense of place in family and community, supporting information needs in business and legal affairs, and making reasoned decisions about the Nation's future direction. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to protect historical records from harm, to prolong their life, and to preserve them for public use, through the use of electronic records initiatives and plans for disaster preparedness, recovery, and other preservation activities; (2) to use historical records in new and creative ways to convey the importance of State, territorial, and community history, including the development of teaching materials for elementary, secondary, and postsecondary teachers, active participation in National History Day, and support for lifelong learning opportunities; (3) to provide education and training to archivists and others who care for historical records, ensuring that they have the necessary knowledge and skills to fulfill their important responsibilities; and (4) to create a wide variety of access tools, including archival finding aids, documentary editions, indexes, and images of key records maintained on Internet websites of State and local organizations. SEC. 4. AUTHORITY TO MAKE GRANTS. The Archivist shall make grants under this Act to States to carry out programs consistent with the purposes of this Act. SEC. 5. USE OF GRANT AMOUNTS. (a) Requirements.--The Archivist may not award grants to any State under this Act unless-- (1) the State agrees to use grant amounts only to carry out programs consistent with the purposes of this Act; (2) the State certifies the availability of State or private funds, or an in-kind equivalent, equal to half the amount of the grant to be awarded to the State; and (3) the State ensures that grant amounts are used to supplement, and not supplant, non-Federal funds that would otherwise be available for those purposes. (b) Additional Conditions.--The Archivist may require additional terms and conditions in connection with the use of grant amounts provided under this Act as the Archivist considers appropriate. SEC. 6. STATE ALLOCATIONS. (a) In General.--The Archivist shall award grant amounts under this Act in accordance with this section. (b) Calculation of Allocations.--The Archivist shall allocate funds made available to carry out this Act to the States as follows: (1) 10 percent of the total available funds divided equally among the States. (2) 82 percent of such funds allotted to the States on the basis of their relative total population, adjusted every decade based on the United States Census. (3) 8 percent of such funds allotted to the States by geographic size. (c) State Grants.--From funds allocated under subsection (b), the Archivist shall make grants to the State archival administrative agency of each State. (d) Reallocation.--The State archival administrative agency shall return any funds received under subsection (c) that the State archival administrative agency does not obligate within one year of receiving a grant, and the Archivist shall reallocate such funds to the remaining States in accordance with subsection (b). (e) Consultation With State Archivists and Secretaries of State.-- In carrying out this section, the Archivist shall consult with State archivists, State secretaries of state, or other appropriate State and local officials who have administrative responsibilities for archival functions. SEC. 7. APPLICATION. The Archivist may award grant amounts under this Act only to a State that has submitted an application to the Archivist at such time, in such manner, and containing such information as the Archivist may require. SEC. 8. REVIEW AND SANCTIONS. (a) Annual Report by State.--Each State receiving funds under this Act during a calendar year shall provide to the Archivist, no later than January 31 of the following year, a report on activities supported by such funds during the previous calendar year. (b) Annual Review.--The Archivist shall review annually the report provided by each State under subsection (a) to determine the extent to which the State has complied with the provisions of this Act. (c) Imposition of Sanctions.--The Archivist may impose sanctions on any State for any failure to comply substantially with the provisions of this Act. The Archivist shall establish the sanctions to be imposed for a failure to comply substantially with the provisions of this Act. SEC. 9. ANNUAL REPORT. Not later than April 1 of each year, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report describing the activities carried out under this Act and containing any related information that the Archivist considers appropriate. SEC. 10. DEFINITIONS. In this Act: (1) State.--The term ``State'' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Archivist.--The term ``Archivist'' means the Archivist of the United States appointed under section 2103 of title 44, United States Code. (3) Historical record.--The term ``historical record'' means unpublished materials created or received by a person, family, or organization, public or private, in the conduct of their affairs that are preserved because of the enduring value contained in the information they contain or as evidence of the functions and responsibilities of their creator. (4) State archivist.--The term ``State Archivist'' means the individual mandated by law within each State with responsibility for managing the archival records of State government. (5) State archival administrative agency.--The term ``State archival administrative agency'' means the agency mandated by law within each State with the responsibility for managing the archival records of State government. SEC. 11. REGULATIONS. The Archivist shall prescribe any regulations necessary to carry out this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Archivist $50,000,000 each fiscal year for 5 fiscal years, beginning with the first fiscal year beginning after the date of the enactment of this Act, to make grants under this Act.

Preserving the American Historical Record Act - Requires the Archivist of the United States to make grants to states to: (1) protect historical records; (2) use such records in new and creative ways; (3) provide education and training to those who care for historical records; and (4) create a wide variety of access tools, including finding aids, documentary editions, indexes, and images of key records maintained on state and local organization websites. Sets forth a formula for the allocation of grant funds to states. Requires the Archivist to consult with state archivists, state secretaries of state, or other appropriate state and local officials who have administrative responsibilities for archival functions.

A bill to authorize the Archivist of the United States to make grants to States for the preservation and dissemination of historical records.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Value of Every American in Environmental Decisions Act''. SEC. 2. VALUATION OF STATISTICAL LIFE IN ENVIRONMENTAL PROTECTION AGENCY DECISIONMAKING. (a) Findings.--Congress finds that-- (1) using a dollar value to establish the worth of a human life as the basis of making decisions about whether to take actions to protect humans from dying from environmental pollution has been controversial, because that practice-- (A) offends many deeply held religious, moral, and ethical beliefs of people in the United States; (B) fails to sufficiently consider the long- standing use of credible and accepted alternative decisionmaking tools, such as-- (i) health-based protections that use the latest science to understand and address serious health threats, including safeguards that seek to protect vulnerable individuals (such as pregnant women, infants, children, and the elderly); (ii) technology-forcing standards that promote increased research and development in effective, cutting-edge technologies that can save lives by cutting costs while-- (I) reducing the use of dangerous materials; (II) preventing or reducing the release of those materials into the environment; or (III) creating new and safer systems or materials; (iii) right-to-know safeguards that-- (I) inform families, communities, workers, and others about known or potential threats; (II) enable those individuals and communities to make decisions about safety based on the information; and (III) encourage emitters and users of toxic chemicals to reduce the emission and use of those chemicals; and (C) fails to promote the development and improvement of other desirable methods of decisionmaking; (2) decisionmaking by the Environmental Protection Agency usually involves policy decisions and legal standards, such as health-based protections, technology-forcing standards, or right-to-know safeguards, rather than monetized values of life and illnesses; (3) Federal agencies should continue to consider the nonquantifiable benefits of agency actions, regardless of whether the number of deaths or illnesses resulting from those actions can be quantified or expressed in monetary terms; (4)(A) there is a great difference between a voluntarily accepted risk and an involuntarily imposed risk; and (B) that difference renders the use of a value of statistical life based on measures of voluntarily accepted risks questionable as applied to involuntarily imposed risks; and (5) as of the date of enactment of this Act, applicable value of statistical life methodologies do not represent the full value of a human life, including (among other issues) the concepts that-- (A) an individual may value another life more than one's own, for example the lives of family members or children; (B) infants, children, and many other individuals do not have the ability to decide the appropriate value of avoiding death; (C) many studies of statistical life methodologies are based on a small subset of the population that may be willing to accept a higher risk of death or illness for less compensation than other members of society; and (D) differing economic situations or negotiating positions may falsely skew statistical life methodology estimates downward. (b) Value of Statistical Life.-- (1) Requirement.--To the extent that the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') uses in decisionmaking any value of statistical life, including the life of pregnant women, infants, children, and the elderly, the Administrator-- (A) shall not reduce that value below the highest value of statistical life used in a decisionmaking of the Administrator before the date of enactment of this Act; and (B) shall increase that value not less frequently than once each calendar year, by adjusting the value to reflect-- (i) the average annual total compensation of individuals, including income and benefits; (ii) the average capital that may be liquidated upon the death of an individual; and (iii) the value of nonpaid activities, including the relevant activities described in the American Time Survey Results published by the Bureau of Labor Statistics of the Department of Labor. (2) Prohibition.--The Administrator shall not decrease the value of statistical life used in a decisionmaking by the Administrator based on age, income, race, illness, disability, date of death, or any other personal attribute or relativistic analysis of the value of life. (3) Transparency requirement.--The Administrator shall-- (A) ensure that the process of the Administrator for establishing a value of statistical life under this subsection is conducted in a manner that is open to the public, including by-- (i) providing public notice and an opportunity to comment for a period of at least 60 days on any proposed revision of a value of a statistical life; (ii) explaining the process to the public using common, understandable terms; and (iii) for each significant study upon which the Administrator relies, providing-- (I) a short description of the methodological strengths and weaknesses of the study; and (II) a description of the injury, illness, death, or other event used as a basis for the study; and (B) provide to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives, concurrently with the public notice described in subparagraph (A)(i), any proposed revision of a value of a statistical life. (c) Effect of Section.--Nothing in this section-- (1) expresses on behalf of Congress any endorsement of any-- (A) use of value of statistical life analysis as a decisionmaking criterion; (B) cost-benefit analysis; (C) regulatory decisionmaking threshold; or (D) single process of agency decisionmaking; (2) creates a duty to make or revise any standard under any other applicable law; or (3) affects any substantive standard for promulgating regulations under any other applicable law.

Restoring the Value of Every American in Environmental Decisions Act - Requires the Administrator of the Environmental Protection Agency (EPA), when using in decisionmaking any value of statistical life, including the life of pregnant women, infants, children, and the elderly, to: (1) not reduce that value below the highest value of statistical life used in a decisionmaking before the enactment of this Act; and (2) increase that value at least once each year, by adjusting the value to reflect the average annual total compensation of individuals, the average capital that may be liquidated upon the death of an individual, and the value of nonpaid activities, including the relevant activities described in the American Time Survey Results published by the Bureau of Labor Statistics of the Department of Labor. Prohibits the Administrator from decreasing the value of statistical life based on age, income, race, illness, disability, date of death, or any other personal attribute or relativistic analysis of the value of life. Requires the Administrator to: (1) ensure that the process for establishing a value of statistical life is open to the public; and (2) provide to specified congressional committees, concurrently with public notice, any proposed revision of a value of a statistical life. Declares that nothing in this Act: (1) expresses on behalf of Congress an endorsement of any use of value of statistical life analysis as a decisionmaking criterion, cost-benefit analysis, regulatory decisionmaking threshold, or single process of agency decisionmaking; (2) creates a duty to make or revise any standard under any other law; or (3) affects any substantive standard for promulgating regulations under any other law.

An original bill to restore the value of every American in environmental decisions, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Billie Jean King, born Billie Jean Moffit, on November 22, 1943, in Long Beach, California, was the first child of Betty (nee Jerman) and Bill Moffitt. (2) Billie Jean demonstrated athletic prowess from a young age. She was introduced to tennis at the age of 11, and soon after, Billie Jean purchased her first tennis racket using money she earned working various jobs in her neighborhood. (3) After becoming involved with tennis, Billie Jean observed inequities within the sport and realized she could use tennis as a platform--if she became number one. From then on, Billie Jean was determined to become a top athlete in her sport. (4) Billie Jean broke numerous barriers to become a number one professional tennis player. She dominated women's tennis with 39 Grand Slam singles, doubles, and mixed doubles titles, including a record 20 championships at Wimbledon. She also was a member of three World TeamTennis championship teams. (5) After growing in prominence, Billie Jean used her platform as a celebrity to fight for equal rights and opportunities for equality for all genders in sports--and society--in the United States. (6) Billie Jean played an instrumental role in the passage of Title IX, a law that mandates equal funding for women's and men's sports programs in schools and colleges. This legislation has unlocked a world of opportunities for girls and women in education and sports. (7) During Billie Jean's career, the pay difference between prize money for men and women in tennis continued to expand. By the early 1970s, the pay gap in prize money reached ratios of as much as 12 to one. Fewer and fewer tournaments were hosting women's events. Realizing that she would not have support from mainstream tennis organizations, Billie Jean harnessed the energy of the women's rights movement to create a women's tennis tour that would elevate women's tennis and establish pay equity within the sport. Along with eight other women tennis players, Billie Jean risked it all and formed an independent women's professional tennis circuit, the Virginia Slims Tournament, and a player's union that would help achieve greater equality in prize money and recognition for women in sports. (8) In 1971, Billie Jean became the first woman in sports history to make $100,000 in earnings in a single year. (9) In 1972, Billie Jean was also the first tennis player to be named Sports Illustrated's Sportsperson of the Year and the first woman to receive the honor. (10) Billie Jean founded the Women's Tennis Association, a successor to the Virginia Slims Series, and today's principal governing body for women's professional tennis. (11) Billie Jean helped found womenSports magazine and founded the Women's Sports Foundation. Both have been at the forefront of advancing women's voice in sports. (12) In 1973, Billie Jean played a tennis match against Bobby Riggs, a top-ranked player through the 1940s who sought to undermine the credibility and prominence of women in sports. Billie Jean defeated Riggs in what became a firm declaration of women's role in sports and society. (13) Billie Jean was one of the first women athletes to identify as lesbian, and has courageously challenged negative stereotypes and championed the visibility and inclusion of the LGBT community. (14) Billie Jean King was named one of the ``100 Most Important Americans of the 20th Century'' by LIFE magazine. (15) Billie Jean King is the recipient of the 1999 Arthur Ashe Award for Courage. (16) Billie Jean's excellence has earned her place in the International Women's Sports Hall of Fame, the International Tennis Hall of Fame, and the National Women's Hall of Fame. (17) In 2006, the United States Tennis Association recognized Billie Jean's immeasurable impact on the sport of tennis by renaming the site of the US Open in her honor as the USTA Billie Jean King National Tennis Center, which is located in Flushing Meadows Corona Park in Queens, New York. This was the first time a major sporting complex was named after a woman. (18) Billie Jean King has received honorary degrees from colleges and universities across the Nation, including the University of Pennsylvania, Dartmouth College, the University of Massachusetts Amherst, and Northwestern University, amongst others. (19) Billie Jean's commitment and tireless advocacy to expand women's tennis, created groundbreaking opportunities, financial and otherwise, for women not only in tennis but across women's sports. She has paved the way for others, including today's famed tennis champion duo, sisters Venus and Serena Williams. (20) Billie Jean believes in changing hearts and minds, and through her talent, tenacity, and advocacy she changed how women are perceived worldwide. (21) In 2009, Billie Jean was awarded the Presidential Medal of Freedom, the Nation's highest civilian honor, by President Barack Obama for her impactful work advocating for the rights of women and the LGBT community. She was the first female athlete to receive this honor. (22) In 2014, Billie Jean King founded an inclusive leadership non-profit organization to promote and transform equality in the workplace worldwide. The Billie Jean King Leadership Initiative aims to empower companies and individuals to create inclusive work environments that celebrate and promote diversity to increase representation, maximize our efficiency, and tap into the unlimited potential of talent in our world. (23) Billie Jean King's extraordinary courage, leadership, and activism helped propel the women's movement forward, and open doors for countless Americans regardless of gender, race, class or sexual orientation. On and off the court, Billie Jean has served as an inspiration to millions of people the world over. Few women and men have had a greater impact on their sport and on our society than Billie Jean King. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Billie Jean King, in recognition of her contribution to the Nation and her courageous and groundbreaking leadership advancing equal rights for women and the LGBT community in athletics, education, and our society. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Billie Jean King in recognition of her courageous and groundbreaking leadership advancing equal rights for women and the LGBT community in athletics, education, and our society.

To award a Congressional Gold Medal to Billie Jean King, in recognition of her contribution to the Nation and her courageous and groundbreaking leadership advancing equal rights for women and the LGBT community in athletics, education, and our society.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``or''; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) to maintain and operate an existing State- controlled substance monitoring program.''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii), the following: ``(iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients' controlled prescription drug history;''; (v) in clause (iv) (as so redesignated), by inserting before the semicolon the following: ``and at least one health information technology system such as electronic health records, health information exchanges, and e- prescribing systems''; and (vi) in clause (v) (as so redesignated), by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by inserting before the period at the end ``and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for the implementation of such interoperability''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in subsection (d)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``In implementing or improving'' and all that follows through ``(a)(1)(B)'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1)''; and (ii) by striking ``public health'' and inserting ``public health or public safety''; and (B) by adding at the end the following: ``(5) The State shall report on interoperability with the controlled substance monitoring program of Federal agencies, where appropriate, interoperability with health information technology systems such as electronic health records, health information exchanges, and e-prescribing, where appropriate, and whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient.''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)(B) by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (B) by adding at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (k)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by striking subsection (k); (8) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; (9) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (i)''; (10) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber and dispenser use of the State's controlled substance monitoring system; and ``(2) educate prescribers and dispenser on the benefits of the system both to them and society.''; (11) in subsection (k)(2)(A), as redesignated-- (A) in clause (ii), by striking ``or affected'' and inserting ``, established or strengthened initiatives to ensure linkages to substance use disorder services, or affected''; and (B) in clause (iii), by striking ``including an assessment'' and inserting ``between controlled substance monitoring programs and health information technology systems, and including an assessment''; (12) in subsection (l)(1), by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (13) in subsection (m)(8), by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (14) by amending subsection (n), to read as follows: ``(o) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $7,000,000 for each of fiscal years 2014 through 2018.''.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: allow grants to be used to maintain and operate existing state controlled substance monitoring programs, require submission by a state of a plan to apply the latest advances in health information technology to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers, require timelines and descriptions for implementation of interoperability for purposes of information sharing with a bordering state that already operates a monitoring program, require health information interoperability standards to be consistent with at least one health information technology system, require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress, and expand the program to include any commonwealth or territory of the United States. Authorizes the Drug Enforcement Administration (DEA) or a state Medicaid program or health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber and dispenser use of the state's controlled substance monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society. Removes the preferences for grants related to drug abuse for states with approved applications to implement controlled substances monitoring programs. Revises requirements for studies on progress to include assessment of the effects upon linkages to substance abuse disorder services and interoperability with health information technology systems.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Health Care for Neurobiological Disorders Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) there are sufficient neuroscientific data to document that many severe ``mental'' illnesses are actually physical illnesses known as neurobiological disorders that are characterized by significant neuroanatomical and neurochemical abnormalities; (2) American families should have adequate health insurance protection for the costs of treating neurobiological disorders that is commensurate with the protections provided for other illnesses; (3) currently, many public and private health insurance programs discriminate against persons with neurobiological disorders by providing more restrictive coverage for treatments of those illnesses in comparison to coverage provided for treatments of other medical problems; (4) unequal health insurance coverage contributes to the destructive and unfair stigmatization of persons with neurobiological disorders that are as beyond the control of the individuals as are cancer, diabetes, and other serious physical health problems; (5) about 95 percent of what is known about both normal and abnormal structure and function of the brain has been learned in the last 10 years, but millions of severely mentally ill people have yet to benefit from these startling research advances in clinical and basic neuroscience; and (6) according to the National Institutes of Mental Health, equitable insurance coverage for severe mental disorders will yield $2.2 billion annually in net savings through decreased use of general medical services and a substantial decrease in social costs. SEC. 3. STANDARDS FOR NONDISCRIMINATORY TREATMENT OF NEUROBIOLOGICAL DISORDERS FOR EMPLOYER HEALTH BENEFIT PLANS. (a) In General.--The standards for the nondiscriminatory and equitable treatment by employer health benefit plans of individuals with neurobiological disorders are requirements that such plans (and carriers offering such plans) provide for coverage of services that are essential to the effective treatment of neurobiological disorders in a manner that-- (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a neurobiological disorder; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses. (b) Plan Deemed to Meet Standards.--An employer health benefit plan shall be deemed to meet the standards described in subsection (a) if the plan provides for the following: (1) Stop-loss protection for catastrophic expenses. (2) Coverage of facility-based care. (3) Coverage of outpatient medical management on a par with other medical procedures to encourage the use of cost-effective ambulatory treatment, including treatment in non-traditional settings. (4) Coverage of visits for psychological supportive, therapeutic, and rehabilitative services, with coinsurance and fees set to ensure effective cost control of high demand services. (5) Coverage of prescription drugs essential to the cost effective treatment of neurobiological disorders. (6) Coverage of medically necessary services for comorbidity of other disorders. SEC. 4. ENFORCEMENT THROUGH EXCISE TAX. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 (relating to qualified pension, etc., plans) is amended by adding at the end thereof the following new section: ``SEC. 4980C. FAILURE TO COMPLY WITH EMPLOYER HEALTH BENEFIT PLAN STANDARDS FOR NONDISCRIMINATORY TREATMENT FOR NEUROBIOLOGICAL DISORDERS. ``(a) Imposition of Tax.--There is hereby imposed a tax on the failure of a carrier or an employer health benefit plan to comply with the standards relating to the nondiscriminatory treatment of neurobiological disorders under section 3 of the Equitable Health Care for Neurobiological Disorders Act of 1995. ``(b) Amount of Tax.-- ``(1) In general.--Subject to paragraph (2), the tax imposed by subsection (a) shall be an amount not to exceed 25 percent of the amounts received by the carrier or under the plan for coverage during the period such failure persists. ``(2) Limitation in case of individual failures.--In the case of a failure that only relates to specified individuals or employers (and not to the plan generally), the amount of the tax imposed by subsection (a) shall not exceed the aggregate of $100 for each day during which such failure persists for each individual to which such failure relates. A rule similar to the rule of section 4980B(b)(3) shall apply for purposes of this section. ``(c) Liability for Tax.--The tax imposed by this section shall be paid by the carrier. ``(d) Exceptions.-- ``(1) Corrections within 30 days.--No tax shall be imposed by subsection (a) by reason of any failure if-- ``(A) such failure was due to reasonable cause and not to willful neglect, and ``(B) such failure is corrected within the 30-day period beginning on earliest date the carrier knew, or exercising reasonable diligence would have known, that such failure existed. ``(2) Waiver by secretary.--In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that payment of such tax would be excessive relative to the failure involved. ``(e) Definitions.--For purposes of this section, the terms `carrier' and `employer health benefit plan' have the respective meanings given such terms in section 5 of the Equitable Health Care for Neurobiological Disorders Act of 1995.'' (b) Clerical Amendment.--The table of sections for chapter 43 of such Code is amended by adding at the end thereof the following new item: ``Sec. 4980C. Failure to comply with employer health benefit plan standards for nondiscriminatory treatment for neurobiological disorders.''. (c) Effective Date.--The amendments made by this subsection shall apply to plan years beginning after December 31, 1995. SEC. 5. DEFINITIONS. In this Act, the following definitions shall apply: (1) Carrier.--The term ``carrier'' means any entity which provides health insurance or health benefits in a State, and includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, the plan sponsor of a multiple employer welfare arrangement or an employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974), or any other entity providing a plan of health insurance subject to State insurance regulation. (2) Employer health benefit plan.--The term ``employer health benefit plan'' means a health benefit plan (including an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974) which is offered to employees through an employer and for which the employer provides for any contribution to such plan or any premium for such plan are deducted by the employer from compensation to the employee. (3) Health benefit plan.--The term ``health benefit plan'' means any hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance subscriber contract, or a multiple employer welfare arrangement or employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974) which provides benefits with respect to health care services, but does not include-- (A) coverage only for accident, dental, vision, disability income, or long-term care insurance, or any combination thereof, (B) medicare supplemental health insurance, (C) coverage issued as a supplement to liability insurance, (D) worker's compensation or similar insurance, or (E) automobile medical-payment insurance, or any combination thereof. (4) Neurobiological disorder.-- (A) In general.--An individual with a ``neurobiological disorder'' is an individual diagnosed with one or more of the following conditions: (i) Affective disorders, including bipolar disorder and major depressive disorder. (ii) Anxiety disorders, including obsessive-compulsive disorder and panic disorder. (iii) Attention deficit disorders. (iv) Autism and other pervasive developmental disorders. (v) Psychotic disorders, including schizophrenia spectrum disorders. (vi) Tourette's disorder. (B) Periodic review of definition.-- (i) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations directing the National Institute of Mental Health to conduct a biannual review of the definition of neurobiological disorders under subparagraph (A). In conducting such review, the National Institute of Mental Health shall consult with extramural researchers to review such definition and make recommendations for necessary revisions. (ii) Review by advisory council required.-- The Secretary may not promulgate any regulation modifying the definition of neurobiological disorders under subsection (a) until the recommendations of the National Institute of Mental Health under clause (i) have been reviewed by the National Advisory Mental Health Council.

Equitable Health Care for Neurobiological Disorders Act of 1995 - States that the standards for the nondiscriminatory and equitable treatment by employer health benefit plans of individuals with neurobiological disorders require that such plans provide for coverage of services essential to the effective treatment of such disorders in a specified manner. Sets forth the criteria under which an employer plan may meet such standards. Amends the Internal Revenue Code to impose a tax of up to 25 percent of the amounts received by the carrier or under the plan for coverage if a carrier or an employer health benefit plan fails to comply with the standards relating to the nondiscriminatory treatment of neurobiological disorders under this Act.

Equitable Health Care for Neurobiological Disorders Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Access to Evidence-Based Opioid Treatment for Seniors Act of 2018''. SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (FF), by striking at the end ``and''; (2) in subparagraph (GG), by inserting at the end ``; and''; and (3) by adding at the end the following new subparagraph: ``(HH) opioid use disorder treatment services (as defined in subsection (jjj)).''. (b) Opioid Use Disorder Treatment Services and Opioid Treatment Program Defined.--Section 1861 of the Social Security Act is amended by adding at the end the following new subsection: ``(jjj) Opioid Use Disorder Treatment Services; Opioid Treatment Program.-- ``(1) Opioid use disorder treatment services.--The term `opioid use disorder treatment services' means items and services that-- ``(A) are furnished for the treatment of opioid use disorder at an opioid treatment program enrolled under section 1866(j) by a physician or other practitioner that is enrolled under such section; and ``(B) are certified by the Substance Abuse and Mental Health Services Administration to be provided by such program for such treatment. ``(2) Opioid treatment program.--The term `opioid treatment program' means an opioid treatment program (as defined in section 8.2 of title 42 of the Code of Federal Regulations, or any successor regulation) that has an opioid treatment program certification (as defined in such section) in effect and meets such other conditions of participation as the Secretary may find necessary in the interest of the health and safety of individuals who are furnished services by such program.''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (BB)'' and inserting ``(BB)''; and (B) by inserting before the semicolon at the end the following ``, and (CC) with respect to opioid use disorder treatment services, the amount paid shall be equal to 80 percent of the amount determined under section 1834(w)''. (2) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(w) Opioid Use Disorder Treatment Services.-- ``(1) In general.--The Secretary shall pay to an opioid treatment program (as defined in paragraph (2) of section 1861(jjj)) a bundled payment under this part for opioid use disorder treatment services (as defined in paragraph (1) of such section) that are furnished during an episode of care (as defined by the Secretary) beginning on or after January 1, 2020, to an individual by a physician or other practitioner at such program. Such payment shall be in lieu of any payment that would otherwise be made under this part to such physician or practitioner for furnishing such services. ``(2) Payment amount.-- ``(A) In general.--Subject to subparagraph (B), the amount of a bundled payment under this subsection, with respect to opioid use disorder treatment services (as so defined) furnished during an episode of care (as so defined) beginning during 2020 or a subsequent year, shall be an amount determined by the Secretary that is based on the rates of payment for comparable services that are paid under State plans under title XIX. ``(B) Periodic updates.--The Secretary shall, as determined necessary by the Secretary (but not less frequently than once every 5 years), review and update the amount of a bundled payment under this subsection with respect to opioid use disorder treatment services (as so defined) furnished during an episode of care (as so defined).''. (d) Including Opioid Treatment Programs as Medicare Providers.-- Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (e)-- (A) in paragraph (2), by striking at the end ``and''; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) opioid treatment programs (as defined in paragraph (2) of section 1861(jjj)), but only with respect to the furnishing of opioid use disorder treatment services (as defined in paragraph (1) of such section).''; and (D) in subsection (j), by adding at the end the following new paragraph: ``(10) Enhanced oversight for opioid treatment programs.-- The Secretary shall establish procedures to provide that opioid treatment programs (as defined in paragraph (2) of section 1866(jjj)) enrolling or reenrolling under this title are subject to enhanced oversight, including by requiring annual audits by the Inspector General of the Department of Health and Human Services for each of the first 5 years of such enrollment or reenrollment of such program under this title and audits as deemed necessary by the Inspector General for each subsequent year of enrollment or reenrollment of such program under this title to ensure compliance of the program with the requirements of this section.''.

Expanding Access to Evidence-Based Opioid Treatment for Seniors Act of 2018 This bill extends Medicare coverage to opioid-use disorder treatment services and programs.

Expanding Access to Evidence-Based Opioid Treatment for Seniors Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Protection Warnings Act of 1993''. SEC. 2. REFERENCE. Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provisions, the reference shall be considered to be made to a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). SEC. 3. FINDINGS. The Congress finds that-- (1) the absence of uniform warnings for personal protective equipment for occupational use risks causes confusion among employers and their employees concerning the proper use and limitations of such equipment and increases worker exposure to workplace injuries and illnesses from lack of proper worker training and consequent misuse of such equipment; and (2) the absence of Federal standards specifying warnings for personal protective equipment for occupational uses leaves questions as to the adequacy of such warnings to be determined by different and frequently inconsistent State requirements, prohibitions, and court decisions, placing an undue burden on interstate commerce in such equipment. SEC. 4. STATEMENT OF PURPOSE. It is the purpose of this Act to-- (1) increase workplace safety by enhancing employer and employee understanding of the proper use and limits of personal protective equipment for occupational use through occupational safety and health standards that establish specific coherent and effective uniform warnings for such equipment; and (2) expressly preempt the application of any State standards, requirements, or prohibitions, whether established by statute, regulation, court decisions or otherwise, in any determination of the adequacy of such uniform warnings. SEC. 5. UNIFORM WARNINGS FOR PERSONAL PROTECTIVE EQUIPMENT FOR OCCUPATIONAL USE. Section 6 (29 U.S.C. 655) is amended by adding at the end the following new subsection: ``(h)(1) Not later than 12 months after the date of enactment of this subsection, the Secretary, in consultation with the Director of the National Institute of Occupational Safety and Health, shall issue a final regulation establishing, as occupational safety and health standards, uniform warnings for personal protective equipment for occupational use. ``(2) For purposes of this Act-- ``(A) the term `personal protective equipment' means equipment intended for use by workers in a workplace subject to this Act to protect the eyes, face, head, hearing, extremities, or respiratory tract from workplace hazards or to function as protective clothing, as a protective shield or barrier, as personal fall arrest or ladder safety devices, or as safety and health monitoring and instrumentation devices; and ``(B) the term `warning' means any statement that-- ``(i) directs or describes one or more actions, procedures, or prohibitions relating to the use of personal protective equipment; and ``(ii) if not complied with, may result in personal injury or death to the user of the equipment. ``(3) Each standard promulgated under paragraph (1) shall prescribe the full text of each warning described in such paragraph and the means by which the manufacturer or other seller of the personal protective equipment shall communicate each such warning to the employer using such equipment. ``(4) Each standard issued under paragraph (1) for personal protective equipment shall-- ``(A) require the employer to communicate each prescribed warning to each employee using the personal protective equipment, and to train, educate and instruct each such employee in-- ``(i) the proper use of such personal protective equipment; ``(ii) how each such warning applies in such employer's workplace and such employee's work environment; and ``(iii) the consequences of failing to observe each such warning; ``(B) become effective 6 months after the date on which such standards is published in the Federal Register; and ``(C) exempt from coverage under such standard warnings for personal protective equipment placed in interstate commerce by its manufacturer before the date such standard becomes effective unless such manufacturer or other seller of such equipment communicates the prescribed warnings to the employer using the equipment as required in such standard. ``(5) The Secretary, in promulgating standards pursuant to paragraph (1), shall consider such factors as the experience of manufacturers using particular warnings and the means of communication of such warnings, as well as the opinions of workers, human factors experts, the National Institute of Occupational Safety and Health, and other experts as to the effectiveness of such warnings and respective means of communication. Information on such factors and opinions shall be submitted as written data and comments during submission under subsection (b)(2) of this section.''. SEC. 6. PREEMPTION. (a) In General.--Section 4 (29 U.S.C. 653) is amended by adding at the end the following: ``(c) Nothing is this section shall be construed to negate the intent of Congress to occupy or regulate the entire field of warnings for personal protective equipment for occupational use.''. (b) Other Standards.--Section 18 (29 U.S.C. 667) is amended by adding at the end the following new subsection: ``(i)(1) After an occupational safety and health standard issued under section 6(h) becomes effective, no State, or political subdivision of a State, may, by legislation, regulation, court decision, or otherwise establish or continue in effect, any standard, requirement, or prohibition for any personal protective equipment which has the force and effect of law which is different from, or in addition to, any requirement set forth in any occupational safety and health standard promulgated by the Secretary under section 6(h). ``(2) Notwithstanding the provisions of subsection (c)(2), the Secretary may not approve a plan submitted by a State under subsection (b), or any modification thereof, if such plan includes any requirement that is different from, or is in addition to, any requirement set forth in any occupational safety and health standard promulgated by the Secretary under section 6(h).''.

Worker Protection Warnings Act of 1993 - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary of Labor to issue a final regulation establishing, as occupational safety and health standards, uniform warnings for personal protective equipment for occupational use. Requires such regulation to be issued within 12 months after enactment of this Act, meet certain conditions, and incorporate specified considerations. Preempts State and local law with respect to such standards.

Worker Protection Warnings Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Library Donation Reform Act of 2013''. SEC. 2. PRESIDENTIAL LIBRARIES. (a) In General.--Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(h) Presidential Library Fundraising Organization Reporting Requirement.-- ``(1) Reporting requirement.--Not later than 15 days after the end of a calendar quarter and until the end of the requirement period described in paragraph (2), each Presidential library fundraising organization shall submit to the Archivist information for that quarter in an electronic searchable and sortable format with respect to every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. ``(2) Duration of reporting requirement.--The requirement to submit information under paragraph (1) shall continue until the later of the following occurs: ``(A) The Archivist has accepted, taken title to, or entered into an agreement to use any land or facility for the Presidential archival depository for the President for whom the Presidential library fundraising organization was established. ``(B) The President whose archives are contained in the deposit no longer holds the Office of President. ``(3) Information required to be published.--The Archivist shall publish on the website of the National Archives and Records Administration, within 30 days after each quarterly filing, any information that is submitted under paragraph (1), without a fee or other access charge, in a searchable, sortable, and downloadable database. ``(4) Submission of false material information prohibited.-- ``(A) Individual.-- ``(i) Prohibition.--It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph. ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(B) Organization.-- ``(i) Prohibition.--It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit false material information or omit material information under paragraph (1). ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(5) Prohibition on contribution.-- ``(A) In general.--It shall be unlawful for a person to knowingly and willfully-- ``(i) make a contribution described in paragraph (1) in the name of another person; ``(ii) permit his or her name to be used to effect a contribution described in paragraph (1); or ``(iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person. ``(B) Penalty.--The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act (2 U.S.C. 441b(b)(3)). ``(6) Regulations required.--The Archivist shall promulgate regulations for the purpose of carrying out this subsection. ``(7) Definitions.--In this subsection: ``(A) Information.--The term `information' means the following: ``(i) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission. ``(ii) The source of each such contribution, and the address of the entity or individual that is the source of the contribution. ``(iii) If the source of such a contribution is an individual, the occupation of the individual. ``(iv) The date of each such contribution. ``(B) Presidential library fundraising organization.--The term `Presidential library fundraising organization' means an organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at-- ``(i) a Presidential archival depository; or ``(ii) any facilities relating to a Presidential archival depository.''. (b) Applicability.--Section 2112(h) of title 44, United States Code (as added by subsection (a))-- (1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on, or after the date of the enactment of this Act; and (2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act.

. Presidential Library Donation Reform Act of 2013 - Amends federal law regarding presidential archival depositories to require any presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. Requires the Archivist of the United States to publish such information on the website of the National Archives within 30 days after each quarterly filing. Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit false information or omit material information. Prescribes criminal penalties for violation of such prohibitions.

Presidential Library Donation Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to Independence Act of 2003''. SEC. 2. STATE OPTION TO COUNT REHABILITATION SERVICES FOR CERTAIN INDIVIDUALS AS WORK FOR PURPOSES OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM. (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 treat an individual with a disability, including a substance abuse problem, who is participating in rehabilitation services as being engaged in work.-- ``(i) Initial 3-month period.--Subject to clauses (ii) and (iii), for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), a State may deem an individual described in clause (iv) as being engaged in work 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 a work activity described in subsection (d) for such number of hours per month as the State determines appropriate. ``(iii) Succeeding months.-- ``(I) Credit for individuals participating in work activities and rehabilitation services.--If a State has deemed an individual described in clause (iv) as being engaged in work for 6 months in accordance with clauses (i) and (ii), and the State determines that the individual is unable to satisfy the work requirement under the State program funded under this part that applies to the individual without regard to this subparagraph because of the individual's disability, including a substance abuse problem, the State shall receive the credit determined under subclause (II) toward the monthly participation rate for the State. ``(II) Determination of credit.-- For purposes of subclause (I), the credit the State shall receive under that subclause is, with respect to a month, 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 subparagraph 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. ``(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. ``(v) Definition of disability.--In this subparagraph, the term `disability' means-- ``(I) a physical or mental impairment that constitutes or results in a substantial impediment to employment; or ``(II) a physical or mental impairment that substantially limits 1 or more major life activities.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on October 1, 2003. SEC. 3. STATE OPTION TO COUNT CARING FOR A CHILD OR ADULT DEPENDENT FOR CARE WITH A PHYSICAL OR MENTAL IMPAIRMENT AS MEETING ALL OR PART OF THE WORK REQUIREMENT. (a) In General.--Section 407(c)(2) of the Social Security Act (42 U.S.C. 607(c)(2)), as amended by section 2, is amended by adding at the end the following: ``(F) Recipient caring for a child or adult dependent for care with a physical or mental impairment deemed to be meeting all or part of a family's work participation requirements for a month.-- ``(i) In general.--Subject to clause (ii), for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), a State may count the number of hours per week that a recipient engages in providing substantial ongoing care for a child or adult dependent for care with a physical or mental impairment if the State determines that-- ``(I) the child or adult dependent for care has been verified through a medically acceptable clinical or laboratory diagnostic technique as having a significant physical or mental impairment or combination of impairments and as a result of that impairment, it is necessary that the child or adult dependent for care have substantial ongoing care; ``(II) the recipient providing such care is the most appropriate means, as determined by the State, by which the care can be provided to the child or adult dependent for care; ``(III) for each month in which this subparagraph applies to the recipient, the recipient is in compliance with the requirements of the recipient's self-sufficiency plan; and ``(IV) the recipient is unable to participate fully in work activities, after consideration of whether there are supports accessible and available to the family for the care of the child or adult dependent for care. ``(ii) Total number of hours limited to being counted as 1 family.--In no event may a family that includes a recipient to which clause (i) applies be counted as more than 1 family for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b). ``(iii) State requirements.--In the case of a recipient to which clause (i) applies, the State shall-- ``(I) conduct regular, periodic evaluations of the recipient's family; and ``(II) include as part of the recipient's self-sufficiency plan, regular updates on what special needs of the child or the adult dependent for care, including substantial ongoing care, could be accommodated either by individuals other than the recipient or outside of the home. ``(iv) 2-parent families.-- ``(I) In general.--If a parent in a 2-parent family is caring for a child or adult dependent for care with a physical or mental impairment-- ``(aa) the State may treat the family as a 1-parent family for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b); and ``(bb) the State may not count any hours of care for the child or adult dependent for care for purposes of determining such rates. ``(II) Special rule.--If the adult dependent for care in a 2-parent family is 1 of the parents and the State has complied with the requirements of clause (iii), the State may count the number of hours per week that a recipient engages in providing substantial ongoing care for that adult dependent for care. ``(v) Rule of construction.--Nothing in this subparagraph shall be construed as prohibiting a State from including in a recipient's self-sufficiency plan a requirement to engage in work activities described in subsection (d).''. (b) Effective Date.--The amendment made by subsection (a) takes effect on October 1, 2003.

Pathways to Independence Act of 2003 - Amends part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act to give States the option to: (1) treat an individual with a disability, including a substance abuse problem, who is participating in rehabilitation services as being engaged in work; and (2) count as a work activity certain care provided to a child with a physical or mental impairment or to an adult dependent with a physical or mental impairment. Limits to three months in any 24-month period the length of time an individual may be deemed as being engaged in work under this Act. Permits an additional three-month extension only if the individual engages in specified work activity for a State-determined appropriate number of hours per month.

A bill to amend part A of title IV of the Social Security Act to allow a State to treat an individual with a disability, including a substance abuse problem, who is participating in rehabilitation services and who is increasing participation in core work activities as being engaged in work for purposes of the temporary assistance for needy families program, and to allow a State to count as a work activity under that program care provided to a child with a physical or mental impairment or an adult dependent for care with a physical or mental impairment.

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

Hunting Heritage Protection Act - Requires that Federal public lands be open to access and use for recreational hunting except: (1) as limited by the Federal agency with responsibility for such lands for national security or public safety reasons, or for reasons authorized in applicable Federal statutes as reasons for closure; and (2) as such hunting is limited by the State in which such lands are located.Directs the head of each Federal agency with authority to manage a natural resource or public lands on which such a resource depends to exercise that authority in a manner so as to support, promote, and enhance recreational hunting opportunities.Declares that Federal land management decisions and actions should result in no net loss of land area available for hunting opportunities on Federal public lands.Requires the heads of Federal agencies with authority to manage Federal public lands on which recreational hunting occurs to report annually to specified congressional committees on areas administered that have been closed during the previous year to recreational hunting and reasons for such closures and on areas that were open to such hunting to compensate for closed areas.Prohibits a withdrawal, change of classification, or change of management status, that effectively closes 5,000 or more acres of Federal public land for use for recreational hunting, from occurring unless the head of the Federal agency with authority to manage the land has submitted written notice of the action to both Houses of Congress.Grants States the right to file civil actions in district courts in cases where Federal agencies fail to comply with State authority to manage or regulate fish and wildlife.

A bill to recognize the heritage of hunting and provide opportunities for continued hunting on Federal public land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinsurance International Solvency Standards Evaluation Board Act of 2008''. SEC. 2. ESTABLISHMENT. There is established the Reinsurance International Solvency Standards Evaluation Board, to evaluate the reinsurance supervisory systems of the States of the United States and jurisdictions outside the United States to determine, on a uniform basis, whether such systems provide adequate capital and risk management standards and an acceptable level of prudential supervision over their domiciled reinsurers. SEC. 3. CORPORATE STATUS. (a) In General.--The Board shall-- (1) be a nonprofit corporation; (2) have succession until dissolved by an Act of Congress; (3) not be an agency or establishment of the United States Government; and (4) except as otherwise provided in this Act, be subject to, and have all the powers conferred upon a nonprofit corporation by, the District of Columbia Nonprofit Corporation Act. (b) Nongovernmental Employees.--No member or person employed by, or who is an agent for, the Board shall be considered to be an officer or employee of or agent for the Federal Government by reason of such service. SEC. 4. MEMBERSHIP AND OVERSIGHT. (a) Appointment.--The Board shall have seven members as follows: (1) All members shall be appointed by the President from among individuals who have demonstrated expertise in reinsurance matters and shall serve at the pleasure of the President. (2) A majority of the members of the Board shall be selected from among the lists of individuals having reinsurance regulatory expertise that may be submitted to the President by any State insurance regulatory authority or any association representing such authorities, subject only to the submission of multiple such lists and the inclusion in each list submitted of a reasonable number of names of individuals. (b) Terms.-- (1) In general.--Except as provided in paragraph (2), each member of the Board shall be appointed for a term of seven years. (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members of the Board first appointed, one each shall be appointed for a term of one year, for a term of two years, for a term of three years, for a term of four years, for a term of five years, and for a term of six years. (c) Oversight.--The President, or the President's designee, may prohibit or suspend the effectiveness of any action of the Board that the President or such designee determines, after advance public notice and comment where appropriate, is significantly contrary to the public interest. SEC. 5. DUTIES. The duties of the Board shall be-- (1) to establish standards and procedures to evaluate the reinsurance supervisory systems of the States and foreign jurisdictions in accordance with section 6; (2) to conduct such evaluations; (3) to certify, pursuant to section 6(c), reinsurance supervisory systems that comply with such standards; (4) to facilitate the development of uniform standards for regulation of reinsurance; (5) to perform such other duties or functions as the Board determines are necessary or appropriate to carry out this Act; and (6) to establish the budget and manage the operations of the Board and the staff of the Board. SEC. 6. EVALUATION AND CERTIFICATION OF REINSURANCE SUPERVISORY SYSTEMS. (a) Standards.--The Board shall establish uniform standards for reinsurance supervisory systems of States and foreign jurisdictions that ensure that any such system that complies with such standards provides adequate capital and risk management standards and an acceptable level of prudential supervision over reinsurers domiciled in such State or jurisdiction. (b) Procedures.--The Board shall establish procedures for any entity to make a request for evaluation of the reinsurance supervisory system of a State or foreign jurisdiction to determine compliance of such system with the standards established by the Board pursuant to subsection (a). Such procedures shall provide that an evaluation shall be conducted only upon payment to the Board of a fee in the amount established pursuant to subsection (c). (c) Fees.--The Board shall establish a fee for conducting evaluations under this section in the amount such that the aggregate of fees collected covers all costs of conducting evaluations under this section and all other costs of the establishment and operation of the Board. (d) Certification.--If, upon conducting of an evaluation under this section with respect to the reinsurance supervisory system of any State or foreign jurisdiction, the Board determines that the system complies with the standards established pursuant to subsection (a), the Board shall certify such compliance and publish notice and evidence of such certification in an appropriate manner. Such certification shall be effective for a term of 12 months from the date of initial certification. (e) Public Notice and Comment.--In developing standards, procedures, and fee levels pursuant to subsections (a) through (c) and making determinations pursuant to subsection (d), the Board shall provide appropriate advance public notice and opportunity for public comment. SEC. 7. TREATMENT OF CERTIFIED REINSURANCE SUPERVISORY SYSTEMS. (a) Credit for Reinsurance.--The domiciliary State of a ceding insurer may not treat a reinsurer domiciled in any other domestic or foreign jurisdiction differently from reinsurers domiciled and in good standing in such domiciliary State for the purpose of determining credit for reinsurance for that ceding insurer, if-- (1) the domestic or foreign jurisdiction is certified pursuant to section 6(d); and (2) the reinsurer is in good standing in such other jurisdiction. (b) Preemption of Inconsistent State Laws.--All laws, regulations, provisions, or other actions of a State are preempted to the extent that they are inconsistent with subsection (a). SEC. 8. FACILITATION OF UNIFORM REINSURANCE STANDARDS. (a) Development of Proposed Standards.--The Board shall periodically develop proposed uniform standards to improve various aspects of reinsurance regulation, particularly where a domestic or international consensus standard or conflict of law has emerged. (b) Reporting of Proposed Standards.--The Board shall report any standards proposed under subsection (a) to the appropriate State and Federal entities, including proposed enacting or implementing language, as appropriate. SEC. 9. POWERS OF BOARD. In addition to any other authority granted to the Board in this Act, the Board shall have the power-- (1) to sue and be sued, complain and defend, in its corporate name and through its own counsel, with the approval of the President, in any Federal, State, or other court; (2) to conduct its operations and maintain offices, and to exercise all other rights and powers authorized by this Act, in any State, without regard to any qualification, licensing, or other provision of law in effect in such State (or a political subdivision thereof); (3) to lease, purchase, accept gifts or donations of or otherwise acquire, improve, use, sell, exchange, or convey, all of or an interest in any property, wherever situated; (4) to hire employees, professionals, and specialists, and elect or appoint officers, and to fix their compensation, define their duties, determine their qualification, and give them appropriate authority to carry out the purposes of the Act; and to establish the personnel policies and programs for the Board relating to conflicts of interest, rates of compensation, and such other matters as the Board considers appropriate; (5) to allocate, assess, and collect fees established pursuant to section 6(c); and (6) to enter into agreements, incur liabilities, and do any and all other acts and things necessary, appropriate, or incidental to the conduct of its operations and the exercise of its obligations, rights, and powers imposed or granted by this Act. SEC. 10. RULES AND BYLAWS. The Board shall establish such rules and bylaws as the Board determines necessary-- (1) to provide for the operation and administration of the Board, the exercise of its authority, and the performance of its responsibilities under this Act; (2) to permit, as the Board determines necessary or appropriate, delegation by the Board of any of its functions to an individual member or employee of the Board, or to a division of the Board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any matter; and (3) to otherwise carry out this Act. SEC. 11. CONSULTATION WITH FEDERAL AGENCIES. The Board shall coordinate with other Federal and State agencies as necessary to assist and advise the Board in performing its duties under this Act. SEC. 12. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Board.--The term ``Board'' means the Reinsurance International Solvency Standards Evaluation Board established by section 2. (2) Ceding insurer.--The term ``ceding insurer'' means an insurer that purchases reinsurance. (3) Domiciled.--The term ``domiciled'' means, with respect to an insurer or reinsurer, to be incorporated or entered through, and licensed. (4) Domiciliary state.--The term ``domiciliary State'' means, with respect to an insurer or reinsurer, the State in which the insurer or reinsurer is domiciled. (5) Insurance.--The term ``insurance'' means any product, other than title insurance, defined or regulated as insurance by the appropriate State insurance regulatory authority. (6) Reinsurance.--The term ``reinsurance'' means the assumption by an insurer of all or part of a risk undertaken by another insurer. (7) Reinsurance supervisory system.--The term ``reinsurance supervisory system'' means, with respect to a State or foreign jurisdiction, the agency, board, commission, or other entity that has primary regulatory authority over the business of reinsurance for the State or jurisdiction. (8) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, any other territory or possession of the United States. (9) State insurance regulatory authority.--The term ``State insurance regulatory authority'' means, with respect to a State, the officer, agency, board, commission, or other entity of a State that has primary regulatory authority over the business of insurance for the State. SEC. 13. LOAN FOR INITIAL FUNDING. (a) In General.--Upon the initial appointment of all of the members of the Board, the Secretary of the Treasury shall make a direct loan to the Board of $10,000,000, which shall be available only for use for operational and administrative costs of the Board in carrying out its duties under this Act. (b) Terms.--The loan under this section shall-- (1) be repaid not later than the expiration of the 5-year period beginning upon the making of the loan; and (2) bear interest at the annual rate of interest paid under marketable obligations of the United States having comparable maturities and most recently issued by the Secretary of the Treasury before the making of the loan under this section. (c) Authorization of Appropriations for Costs.--There is authorized to be appropriated such sums as may be necessary for the costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of the loan under this section.

Reinsurance International Solvency Standards Evaluation Board Act of 2008 - Establishes the Reinsurance International Solvency Standards Evaluation Board to evaluate reinsurance supervisory systems of the states and jurisdictions outside the United States to determine, on a uniform basis, whether such systems provide adequate capital and risk management standards and an acceptable level of prudential supervision over their domiciled reinsurers. Requires the Board to: (1) establish evaluation standards and procedures for requesting an evaluation; and (2) develop uniform standards to improve reinsurance regulation, particularly where a domestic or international consensus standard or conflict of law has emerged. Prohibits the domiciliary state of a ceding insurer, for the purpose of determining credit for reinsurance for the ceding insurer, from treating a certified reinsurer domiciled and in good standing in any other domestic or foreign jurisdiction differently from reinsurers domiciled and in good standing in such domiciliary state.

To establish the Reinsurance International Solvency Standards Evaluation Board.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Back to School Act of 2013''. SEC. 2. REPEAL OF TIME LIMITATIONS ON USE OF EDUCATIONAL ASSISTANCE UNDER ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3031 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) Notwithstanding subsections (a) through (g) and any other provision of law, the period during which a covered individual entitled to educational assistance under this chapter may use such covered individual's entitlement shall not end until the date that is 10 years after the date on which such covered individual begins using such benefit. ``(2) For purposes of this subsection, a covered individual is any individual-- ``(A) whose basic pay was reduced under paragraph (1) of section 3011(b) of this title; or ``(B) with respect to whom an amount was collected under paragraph (2) of such section.''. (b) Conforming Amendment.--Section 3020(f) of such title is amended by adding at the end the following new paragraph: ``(4) Subsection (i) of section 3031 of this title shall not apply for purposes of this subsection.''. (c) Effective Date.--Subsection (i) of section 3031 of such title, as added by subsection (a), and paragraph (4) of section 3020(f) of such title, as added by subsection (b), shall apply as if such subsection and such paragraph had been enacted immediately after the enactment of the Veterans' Educational Assistance Act of 1984 (Public Law 98-525; 98 Stat. 2553). SEC. 3. VETERANS EDUCATION OUTREACH PROGRAM. (a) Establishment.--Chapter 36 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 3697B. Veterans education outreach program ``(a) In General.--The Secretary shall provide funding for offices of veterans affairs at institutions of higher learning, as defined in section 3452(f), in accordance with this section. ``(b) Payments to Institutions of Higher Learning.--(1)(A) The Secretary shall, subject to the availability of appropriations, make payments to any institution of higher learning, under and in accordance with this section, during any fiscal year if the number of persons eligible for services from offices assisted under this section at the institution is at least 50, determined in the same manner as the number of eligible veterans or eligible persons is determined under section 3684(c) of this title. ``(B) The persons who are eligible for services from the offices assisted under this section are persons receiving educational assistance administered by the Department of Veterans Affairs, including assistance provided under chapter 1606 of title 10. ``(2) To be eligible for a payment under this section, an institution of higher learning or a consortium of institutions of higher learning, as described in paragraph (3), shall submit an application to the Secretary. The application shall-- ``(A) set forth such policies, assurances, and procedures that will ensure that-- ``(i) the funds received by the institution, or each institution in a consortium of institutions described in paragraph (3), under this section will be used solely to carry out this section; ``(ii) for enhancing the functions of its veterans education outreach program, the applicant will expend, during the academic year for which a payment is sought, an amount equal to at least the amount of the award under this section from sources other than this or any other Federal program; and ``(iii) the applicant will submit to the Secretary such reports as the Secretary may require or as are required by this section; ``(B) contain such other statement of policies, assurances, and procedures as the Secretary may require in order to protect the financial interests of the United States; ``(C) set forth such plans, policies, assurances, and procedures as will ensure that the applicant will maintain an office of veterans' affairs which has responsibility for-- ``(i) veterans' certification, outreach, recruitment, and special education programs, including the provision of or referral to educational, vocational, and personal counseling for veterans; and ``(ii) providing information regarding other services provided veterans by the Department, including the readjustment counseling program authorized under section 1712A of this title and the programs carried out under chapters 41 and 42 of this title; and ``(D) be submitted at such time or times, in such manner, in such form, and contain such information as the Secretary determines necessary to carry out the functions of the Secretary under this section. ``(3) An institution of higher learning which is eligible for funding under this section and which the Secretary determines cannot feasibly carry out, by itself, any or all of the activities set forth in paragraph (2)(C), may carry out such program or programs through a consortium agreement with one or more other institutions of higher learning in the same community. ``(4) The Secretary shall not approve an application under this subsection unless the Secretary determines that the applicant will implement the requirements of paragraph (2)(C) within the first academic year during which it receives a payment under this section. ``(c) Amount of Payments.--(1)(A) Subject to subparagraph (B), the amount of the payment which any institution shall receive under this section for any fiscal year shall be $100 for each person who is described in subsection (b)(1)(B). ``(B) The maximum amount of payments to any institution of higher learning, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year is $150,000. ``(2)(A) The Secretary shall pay to each institution of higher learning which has had an application approved under subsection (b) the amount which it is to receive under this section. If the amount appropriated for any fiscal year is not sufficient to pay the amounts which all such institutions are to receive, the Secretary shall ratably reduce such payments. If any amount becomes available to carry out this section for a fiscal year after such reductions have been imposed, such reduced payments shall be increased on the same basis as they were reduced. ``(B) In making payments under this section for any fiscal year, the Secretary shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in paragraph (1)(B), in an equitable manner. ``(d) Coordination and Provision of Assistance, Technical Consultation, and Information.--The Secretary, in carrying out the provisions of this section, shall seek to assure the coordination of programs assisted under this section with other programs carried out by the Department pursuant to this title, and the Secretary shall provide all assistance, technical consultation, and information otherwise authorized by law as necessary to promote the maximum effectiveness of the activities and programs assisted under this section. ``(e) Best Practices and Administration.--(1) From the amounts made available for any fiscal year under subsection (f), the Secretary shall retain one percent or $20,000, whichever is less, for the purpose of collecting information about exemplary veterans educational outreach programs and disseminating that information to other institutions of higher learning having such programs on their campuses. Such collection and dissemination shall be done on an annual basis. ``(2) From the amounts made available under subsection (f), the Secretary may retain not more than two percent for the purpose of administering this section. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,000,000 for fiscal year 2012 and each fiscal year thereafter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 36 of title 38, United States Code, is amended by inserting after the item relating to section 3697A the following new item: ``3697B. Veterans education outreach program.''.

Veterans Back to School Act of 2013 - Provides that an individual's entitlement to educational assistance under the all-volunteer force veterans' educational assistance program shall not end until 10 years after the individual begins using such benefit. (Under current law, there are several more stringent time limits on the use of such assistance.) Requires the Secretary of Veterans Affairs (VA), under specified conditions, to fund offices of veterans affairs at eligible institutions of higher learning (institutions with at least 50 veteran-enrollees) for veterans' certification, outreach, recruitment, and special education programs. Limits payments to $15,000 per institution per fiscal year. Directs the Secretary to annually collect information about exemplary veterans educational outreach programs, and to disseminate such information to other institutions offering such programs.

Veterans Back to School Act of 2013

SECTION 1. TECHNICAL SCHOOL TRAINING SUBSIDY PROGRAM. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(f) Technical School Training Subsidy Pilot Program.-- ``(1) Establishment of technical school training subsidy pilot program.--From the amounts appropriated to carry out this subsection, the Secretary shall award competitive grants to States to provide such funds to local boards for the provision of technical school training subsidies in local areas through one-stop delivery systems described in section 134(c). ``(2) Application.--To receive a grant under this subsection a State shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary may require. ``(3) Qualifications and requirements for subsidy.-- ``(A) In general.--A technical school training subsidy for an academic year may be provided, in accordance with subparagraph (E), to a technical school on behalf of an unemployed individual who is enrolled, or accepted for enrollment, at a technical school. ``(B) Amount of subsidy.-- ``(i) Considerations.--In determining the amount of a subsidy to provide to an unemployed individual under this subsection, a one-stop operator or one-stop partner, as appropriate, shall take into account-- ``(I) the cost of tuition of such individual; ``(II) the expected family contribution, as determined in accordance with section 474 of the Higher Education Act of 1965 (20 U.S.C. 1087nn), for such individual; and ``(III) the estimated financial assistance for such individual not received under this subsection. ``(ii) Aggregate amount.--The aggregate amount of subsidies an individual may receive under this subsection may not exceed $2,000. ``(C) Number of subsidies.--An individual may receive subsidies under this subsection for not more than 2 academic years. ``(D) Use of funds.--A subsidy an individual receives under this subsection shall be used to assist the individual in paying the cost of tuition for career and technical education at a technical school. All subsidies received by an individual under this subsection shall be used to pay the cost of tuition for career and technical education at the same technical school. ``(E) Provision of subsidy.--Upon approving an unemployed individual for a subsidy under this subsection, a one-stop operator or one-stop partner, as appropriate, shall provide, prior to the start of an academic year, the subsidy to the technical school in which the unemployed individual is enrolled or accepted for enrollment. ``(4) Definitions.--In this subsection-- ``(A) The term `career and technical education' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(B) The term `cost of tuition' means-- ``(i) tuition and fees normally assessed a student carrying the same academic workload as determined by the technical school, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and ``(ii) an allowance for books and supplies, for a student attending the technical school on at least a half-time basis, as determined by the school. ``(C) The term `technical school' means a `postsecondary vocational institution' that provides career and technical education. ``(D) The term `postsecondary vocational institution' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). ``(E) The term `unemployed individual' means an unemployed individual who is a citizen of the United States.''.

Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to award competitive grants to states to provide funds to local boards for provision of technical school training subsidies in local areas through one-stop delivery systems to pay tuition costs for the career and technical education of unemployed individuals enrolled or accepted at a technical school. Limits the aggregate amount of subsidies to an individual to $2,000.

To amend the Workforce Investment Act of 1998 to establish a technical school training subsidy program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air and Health Quality Empowerment Zone Designation Act of 2012''. SEC. 2. AIR AND HEALTH QUALITY EMPOWERMENT ZONES. (a) Designation of Air and Health Quality Empowerment Zones.-- (1) In general.--The Administrator may designate an area as an air and health quality empowerment zone if-- (A) the air pollution control district or other local governmental entity authorized to regulate air quality for the area submits an application under paragraph (2) nominating the area for such designation; and (B) the Administrator determines that-- (i) the information in the application is reasonably accurate; and (ii) the nominated area satisfies the eligibility criteria described in paragraph (3). (2) Nomination.--To nominate an area for designation under paragraph (1), the air pollution control district or other local governmental entity authorized to regulate air quality for the area shall submit to the Administrator an application that-- (A) demonstrates that the nominated area satisfies the eligibility criteria described in paragraph (3); and (B) includes a strategic plan that-- (i) is designed for-- (I) addressing air quality challenges and achieving attainment of air quality standards in the area; and (II) improving the health of the population in the area; (ii) describes-- (I) the process by which the district or local governmental entity is a full partner in the process of developing and implementing the strategic plan; and (II) the extent to which local institutions and organizations have contributed to the planning process; (iii) identifies-- (I) the amount of State, local, and private resources that will be available for carrying out the strategic plan; and (II) the private and public partnerships to be used (which may include participation by, and cooperation with, institutions of higher education, medical centers, and other private and public entities) in carrying out the strategic plan; (iv) identifies the funding requested under any Federal program in support of the strategic plan; (v) identifies baselines, methods, and benchmarks for measuring the success of the strategic plan; and (vi) includes such other information as may be required by the Administrator; and (C) provides written assurances satisfactory to the Administrator that the strategic plan will be implemented. (3) Eligibility criteria.--To be eligible for designation under paragraph (1), an area must meet all of the following criteria: (A) Nonattainment.--The area has been designated as being-- (i) in extreme nonattainment of the national ambient air quality standard for ozone; and (ii) in nonattainment of the national ambient air quality standard for PM<INF>2.5</INF>. (B) Agricultural sources.--The area had-- (i) emissions of oxides of nitrogen from farm equipment of at least 30 tons per day in calendar year 2011; or (ii) emissions of volatile organic compounds from farming operations of at least 3 tons per day in calendar year 2010. (C) Air quality-related health effects.--As of the date of designation, the area meets or exceeds the national average per capita incidence of asthma. (D) Economic impact.--As of the date of designation, the area experiences unemployment rates higher than the national average. (E) Matching funds.--The air pollution control district or other local governmental entity submitting the strategic plan under paragraph (2) for the area agrees that it will make available (directly or through contributions from the State or other public or private entities) non-Federal contributions toward the activities to be carried out under the strategic plan in an amount equal to $1 for each $1 of Federal funds provided for such activities. Such non-Federal matching funds may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. (4) Period of designation.--A designation under paragraph (1) shall remain in effect during the period beginning on the date of the designation and ending on the earlier of-- (A) the last day of the tenth calendar year ending after the date of the designation; or (B) the date on which the Administrator revokes the designation. (5) Revocation of designation.--The Administrator may revoke the designation under paragraph (1) of an area if the Administrator determines that-- (A) the area is in attainment with the national ambient air quality standards for PM<INF>2.5</INF> and ozone; or (B) the air pollution control district or other local governmental entity submitting the strategic plan under paragraph (2) for the area is not complying substantially with, or fails to make progress in achieving the goals of, such strategic plan. (b) Grants for Air and Health Quality Empowerment Zones.-- (1) In general.--For the purpose described in paragraph (2), the Administrator may award one or more grants to the air pollution control district or local governmental entity submitting the application under subsection (a)(2) on behalf of each air and health quality empowerment zone designated under subsection (a)(1). (2) Use of grants.--A recipient of a grant under paragraph (1) shall use the grant solely for the purpose of carrying out the strategic plan submitted by the recipient under subsection (a)(2). (3) Amount of grants.--The amount awarded under this subsection with respect to a designated air and health quality empowerment zone shall be determined by the Administrator based upon a review of-- (A) the information contained in the application for the zone under subsection (a)(2); and (B) the needs set forth in the application for those anticipated to benefit from the strategic plan submitted for the zone. (4) Timing of grants.--To the extent and in the amount of appropriations made available in advance, the Administrator shall-- (A) award a grant under this subsection with respect to each air and health quality empowerment zone on the date of designation of the zone under subsection (a)(1); and (B) make the grant funds available to the grantee on the first day of the first fiscal year that begins after the date of such designation. (5) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $20,000,000 for each of fiscal years 2013 through 2017. (c) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means particulate matter with a diameter that does not exceed 2.5 micrometers. SEC. 3. REPORT TO CONGRESS. Not later than 5 years after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency-- (1) shall submit a report to the Congress on the impact of this Act; and (2) may include in such report a description of the impact of this Act in regard to-- (A) the reduction of particulate matter and nitrogen oxides emissions; (B) the reduction of asthma rates and other health indicators; and (C) economic indicators.

Air and Health Quality Empowerment Zone Designation Act of 2012 - Allows the Administrator of the Environmental Protection Agency (EPA) to designate an area as an air and health quality empowerment zone if the air pollution control district or other local governmental entity (area entity) authorized to regulate air quality for the area nominates the area for such designation, including by submitting a strategic plan designed to address air quality challenges, achieve attainment of air quality standards, and improve the health of the population in the area. Requires a designated area to meet the following criteria: (1) it has been designated as being in extreme nonattainment of the national ambient air quality standard for ozone and in nonattainment of the national ambient air quality standard for PM2.5 (particulate matter diameter); (2) it had nitrogen oxide emissions from farm equipment or emissions of volatile organic compounds from farming in excess of specified limits; (3) it meets or exceeds the national average per capita incidence of asthma; (4) it experiences unemployment rates higher than the national average; and (5) the area entity will provide matching contributions of federal funds toward the activities to be carried out under the strategic plan, which may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. Makes the effective period of area designation the shorter of 10 years or the period ending with revocation by the Administrator. Authorizes grants to an area entity on behalf of each air and health quality empowerment zone for the purpose of carrying out the strategic plan submitted under this Act. Requires a report to Congress on the impact of this Act.

To provide for the designation of, and the award of grant with respect to, air and health quality empowerment zones.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Reliability Act of 2018''. SEC. 2. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT. (a) Federal Tax Credit for Coal-Powered Electric Generation Units.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45T. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT. ``(a) In General.--For purposes of section 38, in the case of a taxpayer who owns or leases a coal-powered electric generation unit, the coal-powered electric generation unit credit determined under this section for a taxable year shall be an amount equal to the lesser of 30 percent of qualified expenses paid or incurred by such taxpayer in such year or the product of-- ``(1) $13, multiplied by ``(2) the nameplate capacity rating in kilowatts of such unit. ``(b) Coal-Powered Electric Generation Unit.--For purposes of this section, the term `coal-powered electric generation unit' means an electric generation unit (as defined in section 48A(c)(6)) that-- ``(1) uses coal to produce not less than 75 percent of the electricity produced by such unit, and ``(2) has constructed and installed emissions controls pursuant to-- ``(A) the final rule of the Environmental Protection Agency entitled `Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NOX SIP Call' (70 Fed. Reg. 25162 (May 12, 2005)) (commonly known as the `Clean Air Interstate Rule'), ``(B) the final rule of the Environmental Protection Agency entitled `Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals' (76 Fed. Reg. 48208 (August 8, 2011)) (commonly known as the `Cross State Air Pollution Rule'), ``(C) the final rule of the Environmental Protection Agency entitled `National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units' (77 Fed. Reg. 9304 (February 16, 2012)) (commonly known as the `Mercury and Air Toxics Standards Rule'), ``(D) the final rule of the Environmental Protection Agency entitled `Regional Haze Regulations and Guidelines for Best Available Retrofit Technology (BART) Determinations' (70 Fed. Reg. 39104 (July 6, 2005)) (commonly known as the `Regional Haze regulations'), or ``(E) any other Federal emissions control requirements applicable to an electric generation plant that are equal to or more stringent than the requirements of a rule described in subparagraph (A), (B), (C), or (D). ``(c) Qualified Expenses.--For purposes of this section, the term `qualified expenses' means amounts paid or incurred for the operation or maintenance of a coal-powered electric generation unit, other than amounts paid or incurred for coal. ``(d) Transfer of Credit.-- ``(1) Transfer to eligible project partner.-- ``(A) In general.--With respect to a credit under subsection (a) for any taxable year, a taxpayer may elect to transfer all or any portion of such credit to any eligible project partner as specified in such election and such eligible project partner, not the taxpayer, shall be entitled to claim the credit (or portion thereof) for the taxable year. ``(B) Election to transfer.--The taxpayer may elect to transfer all or any portion of the credit to an eligible project partner by attaching a statement to the taxpayer's tax return for the taxable year in which the qualified expenses were paid or incurred, providing such information as is necessary for the Secretary to adequately identify the eligible project partner and the amount of the credit being transferred. ``(2) Eligible project partner.--For purposes of this subsection, the term `eligible project partner' means, with respect to any coal-powered electric generation unit, any person who-- ``(A) is responsible for operating, maintaining, or repairing such unit, ``(B) participates in the provision, including transportation, of coal or other materials and supplies to such unit, ``(C) provides financing for the construction, repair, or operation of such unit, or ``(D) leases such unit. ``(3) Special rules.-- ``(A) Application to partnerships.--In the case of a credit under subsection (a) which is determined at the partnership level, the term `eligible project partner' shall include any partner of the partnership. ``(B) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under paragraph (1), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the taxpayer's taxable year with respect to which the credit was determined. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to any coal-powered electric generation unit, the basis of such property shall be reduced by the amount of the credit so allowed. ``(f) Termination.--This section shall apply to taxable years beginning after December 31, 2017, and ending before January 1, 2023.''. (b) Assessment by Federal Energy Regulatory Commission.-- (1) In general.--In the case of any coal-powered electric generation unit which has claimed a credit under section 45T of the Internal Revenue Code of 1986 (as added by subsection (a)), the Federal Energy Regulatory Commission shall require the applicable reliability coordinator to conduct an assessment analyzing the reliability and resilience attributes offered by such unit to the regional grid in which it is located, with such assessment to be completed not later than April 1, 2023. (2) Reporting.--Not later than June 1, 2023, the Federal Energy Regulatory Commission shall report to the relevant Congressional committees-- (A) the results of the assessments described under paragraph (1); and (B) a recommendation as to whether the credit under section 45T of the Internal Revenue Code of 1986 should be amended so as to apply to taxable years beginning after December 31, 2022. (3) Definitions.--In this subsection: (A) Applicable reliability coordinator.--The term ``applicable reliability coordinator'' means the Reliability Coordinator of the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 2824o(a))) for the region in which a coal-powered electric generation unit which has claimed a credit under section 45T of the Internal Revenue Code of 1986 is located. (B) Relevant congressional committees.--The term ``relevant Congressional committees'' means-- (i) the Committee on Finance of the Senate; (ii) the Committee on Ways and Means of the House of Representatives; (iii) the Committee on Energy and Natural Resources of the Senate; and (iv) the Committee on Energy and Commerce of the House of Representatives. (c) Conforming Amendment.--Section 501(c)(12)(I) is amended by inserting ``or 45T(d)(1)'' after ``section 45J(e)(I)''. (d) Credit To Be Part of General Business Credit.-- (1) In general.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the coal-powered electric generation unit credit determined under section 45T(a).''. (2) Credit allowed against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively; and (B) by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45T,''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45T. Coal-powered electric generation unit credit.''.

Energy Reliability Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit through 2022 for a portion of the expenses for the operation or maintenance of a coal-powered electric generation unit, excluding expenses for coal. The credit applies to taxpayers who own or lease an electric generation unit that: (1) uses coal to produce at least 75% of the electricity produced by the unit, and (2) has constructed and installed emissions controls pursuant to specified Environmental Protection Agency (EPA) regulations or any other applicable federal emissions control requirements that are equal to or more stringent than the EPA regulations. Taxpayers may transfer the credit to an eligible project partner. An "eligible project partner" is a person who: is responsible for operating, maintaining, or repairing the unit; participates in the provision, including transportation, of coal or other materials and supplies to the unit; provides financing for the construction, expansion, repair, or operation of the unit; or leases the unit. If a unit claims a credit under this bill, the Federal Energy Regulatory Commission (FERC) must require the applicable reliability coordinator to conduct an assessment analyzing the reliability and resilience attributes offered by the unit to the regional grid in which it is located. FERC must submit to Congress: (1) the results of the assessments, and (2) a recommendation as to whether the credit should be extended after 2022.

Energy Reliability Act of 2018

SECTION 1. DEMONSTRATION PROJECT FOR MEDICARE REIMBURSEMENT OF DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE PROVIDED TO CERTAIN MEDICARE-ELIGIBLE VETERANS. (a) In General.--Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall enter into an agreement in order to carry out a demonstration project under which the Secretary of Health and Human Services reimburses the Secretary of Veterans Affairs, on a capitated basis, from the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care services provided by the Secretary of Veterans Affairs to covered veterans. (b) Project Requirements.--(1)(A) The Secretary of Veterans Affairs shall carry out the demonstration project in not less than two or more than four Veterans Integrated Service Networks. (B) For purposes of the demonstration project, the health care facilities of the Department of Veterans Affairs in each Veterans Integrated Service Network in which the Secretary carries out the demonstration project shall be deemed to meet such standards as are applicable to providers of services under the Medicare program under title XVIII of the Social Security Act. (2)(A) The Secretary of Veterans Affairs shall budget for and expend on health care services in each Veterans Integrated Service Network in which the demonstration project is carried out an amount equal to the amount that the Secretary would otherwise budget for and expend on such services in the absence of the project. (B) The Secretary may not be reimbursed under the project for health care services provided to covered veterans in a Veterans Integrated Service Network until the amount expended by the Secretary to provide health care services in that network exceeds the amount budgeted for health care services with respect to that network under subparagraph (A). (3) The agreement between the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall provide that the cost to the Medicare program of providing services under the project does not exceed the cost that the Medicare program would otherwise incur in providing such services. (4) The authority of the Secretary of Veterans Affairs to carry out the project shall expire 3 years after the date of the commencement of the project. (c) Reports.--Not later than 14 months after the commencement of the demonstration project under subsection (a), and annually thereafter until the year following the year in which the project is terminated, the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly submit to Congress a report on the demonstration project. The report shall include the following: (1) The number of covered veterans provided health care services under the project during the previous year. (2) An assessment of the benefits to such veterans of receiving health care services under the project. (3) A description of the cost shifting, if any, among medical care programs of the Department of Veterans Affairs that results from the project. (4) A description of the cost shifting, if any, from the Department to the Medicare program that results from the project. (5) An analysis of the effect of the project on the following: (A) Access to the health care facilities of the Department. (B) The availability of space and facilities and the capabilities of medical staff to provide fee-for- service medical care. (C) Established priorities for treatment of veterans under chapter 17 of title 38, United States Code. (D) The cost to the Department of providing prescription drugs to veterans. (E) The quality of health care provided by the Department. (F) Health care providers and covered veterans in the communities in which the project is carried out. (6) An assessment of the effects of continuing the project on-- (A) the overall budget of the Department for health care; and (B) the budget of each Veterans Integrated Service Network covered by the project. (7) An assessment of the effects of continuing the project on expenditures from the Medicare trust funds under title XVIII of the Social Security Act. (8) An analysis of the lessons learned by the Department as a result of the project. (9) Any other information that the Secretary of Veterans Affairs and the Secretary of Health and Human Services jointly consider appropriate. (d) Review by Comptroller General.--Not later than December 31 of each year in which the demonstration project is carried out under this section, the Comptroller General shall determine and submit to Congress a report on the extent, if any, to which the costs of the Secretary of Veterans Affairs under title 38, United States Code, and the costs of the Secretary of Health and Human Services under the Medicare program have increased as a result of the project. (e) Definition.--In this section, the term ``covered veterans'' means any veteran entitled to benefits under part A of title XVIII of the Social Security Act who is eligible for health care under chapter 17 of title 38, United States Code, for a reason other than a service- connected disability.

Directs the Secretaries of Veterans Affairs and Health and Human Services to conduct and report to the Congress on a demonstration project providing for Medicare (title XVIII of the Social Security Act) reimbursement for health care services provided by the Department of Veterans Affairs to Medicare-eligible veterans.

A bill to require the Secretary of Veterans Affairs and the Secretary of Health and Human Resources to carry out a demonstration project to provide the Department of Veterans Affairs with reimbursement from the medicare program for health care services provided to certain medicare-eligible veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014''. SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS. Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by inserting after subsection (h) the following: ``(i) Within 45 days of receiving a recommendation from the Secretary to add a drug or substance that has never been marketed in the United States to a schedule under this title, the Attorney General shall, without regard to the findings required by subsection (a) of this section or section 202(b), issue an interim final rule, under the exception for good cause described in subparagraph (B) of section 553(b) of title 5, United States Code, placing the drug or substance into the schedule recommended by the Secretary. The interim final rule shall be made immediately effective under section 553(d)(3) of title 5, United States Code.''. SEC. 3. ENHANCING NEW DRUG DEVELOPMENT. Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by inserting after subsection (g) the following: ``(h)(1) A person who submits an application for registration to manufacture or distribute a controlled substance in accordance with this section may indicate on the registration application that the substance will be used only in connection with clinical trials of a drug in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act. ``(2) When an application for registration to manufacture or distribute a controlled substance includes an indication that the controlled substance will be used only in connection with clinical trials of a drug in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act, the Attorney General shall-- ``(A) make a final decision on the application for registration within 180 days; or ``(B) provide notice to the applicant in writing of-- ``(i) the outstanding issues that must be resolved in order to reach a final decision on the application; and ``(ii) the estimated date on which a final decision on the application will be made.''. SEC. 4. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT. (a) Definitions.-- (1) Factors as may be relevant to and consistent with the public health and safety.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i) In this section, the phrase `factors as may be relevant to and consistent with the public health and safety' means factors that are relevant to and consistent with the findings contained in section 101.''. (2) Imminent danger to the public health or safety.-- Section 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended-- (A) by striking ``(d) The Attorney General'' and inserting ``(d)(1) The Attorney General''; and (B) by adding at the end the following: ``(2) In this subsection, the phrase `imminent danger to the public health or safety' means that, in the absence of an immediate suspension order, controlled substances will continue to be distributed or dispensed by a registrant who knows or should know through fulfilling the obligations of the registrant under this Act, or has reason to believe that-- ``(A) the dispensing is outside the usual course of professional practice; ``(B) the distribution or dispensing poses a present or foreseeable risk of adverse health consequences or death due to the abuse or misuse of the controlled substances; or ``(C) the controlled substances will continue to be diverted outside of legitimate distribution channels.''. (b) Opportunity To Submit Corrective Action Plan Prior to Revocation or Suspension.--Subsection (c) of section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) by striking the last two sentences; (2) by striking ``(c) Before'' and inserting ``(c)(1) Before''; and (3) by adding at the end the following: ``(2) An order to show cause under paragraph (1) shall-- ``(A) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated by the applicant or registrant; ``(B) direct the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but not less than 30 days after the date of receipt of the order; and ``(C) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before the date of appearance. ``(3) Upon review of any corrective action plan submitted by an applicant or registrant pursuant to paragraph (2), the Attorney General shall determine whether denial, revocation or suspension proceedings should be discontinued, or deferred for the purposes of modification, amendment, or clarification to such plan. ``(4) Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5, United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. ``(5) The requirements of this subsection shall not apply to the issuance of an immediate suspension order under subsection (d).''. SEC. 5. REPORT TO CONGRESS ON EFFECTS OF LAW ENFORCEMENT ACTIVITIES ON PATIENT ACCESS TO MEDICATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Drug Enforcement Administration and the Director of National Drug Control Policy, shall submit a report to the Committees on the Judiciary of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Health, Education, Labor and Pensions of the Senate identifying-- (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between Federal, State, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances. (b) Consultation.--The report under subsection (a) shall incorporate feedback and recommendations from the following: (1) Patient groups. (2) Pharmacies. (3) Drug manufacturers. (4) Common or contract carriers and warehousemen. (5) Hospitals, physicians, and other health care providers. (6) State attorneys general. (7) Federal, State, local, and tribal law enforcement agencies. (8) Health insurance providers and entities that provide pharmacy benefit management services on behalf of a health insurance provider. (9) Wholesale drug distributors.

Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014 - Amends the Controlled Substances Act to direct the Attorney General, within 45 days of receiving a recommendation from the Secretary of Health and Human Services (HHS) to add a drug or substance that has never been marketed in the United States to a schedule of controlled substances, to issue an interim final rule under the exception for good cause, placing it into the schedule recommended, effective immediately. Allows a person who submits an application for registration to manufacture or distribute a controlled substance to indicate on the registration application that the substance will be used only in connection with clinical trials of a drug. Requires the Attorney General to: (1) make a final decision on such application within 180 days, or (2) provide written notice to the applicant of the outstanding issues that must be resolved to reach a final decision and the estimated date on which such decision will be made. Defines: (1) "factors as may be relevant to and consistent with the public health and safety," and (2) "imminent danger to the public health or safety." Requires an order to show cause as to why a registration should not be denied, revoked, or suspended to notify the registrant of the opportunity to submit a corrective action plan on or before the date of appearance before the Attorney General. Requires the Attorney General, upon review of any such plan, to determine whether denial, revocation, or suspension proceedings should be discontinued or deferred for purposes of modification or clarification of such plan. Makes these requirements inapplicable to the issuance of an immediate suspension order. Directs the Secretary, acting through the Commissioner of Food and Drugs (FDA) and the Director of the Centers for Disease Control and Prevention (CDC), to identify: (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between federal, state, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances.

Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mathematics and Science Proficiency Partnership Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) Mathematics and science education is a vital link to connect today's students with the information age and to the workplace of the 21st century. (2) Today's United States economy depends more than ever on the talents of skilled, high-tech workers. (3) To sustain America's preeminence, we must take drastic steps to change the way we develop our workforce. (4) It is estimated that more than half of the economic growth of the United States today results directly from research and development in science and technology. (5) We must acknowledge that the effectiveness of the United States in maintaining this economic growth will be largely determined by the intellectual capital of the United States. (6) The education of America's students is critical to developing this resource. (7) American students consistently demonstrate average and below average performance compared to their international peers in their skills in mathematics and science. (8) According to the 1999 edition of the National Assessment of Educational Progress, also known as the Nation's Report Card, the trends in mathematics and science are characterized by declines in the 1970's, followed by increases during the 1980's and early 1990's. However, performance has remained unchanged since the early 1990's. Several findings of the Report Card deserve mention, including the following: (A) In 1999, the average science score for 17-year- olds was lower than the average score in 1969 for the same age group. (B) In 1999, the average science score for 13-year- olds was similar to the average score in 1970 for the same age group. (C) In 1999, white students had higher average mathematics scores than their black and Hispanic peers. Although the gap between white and black students narrowed since 1973, there is evidence that the gap may be widening since 1990. (D) In 1999, males outperformed females in science at ages 13 and 17. (E) A greater percentage of 13-year-olds in 1999 than in 1986 reported that the content of their science class was general rather than focused on earth, physical, or life science. (9) The National Commission on Mathematics and Science Teaching for the 21st century also finds that recent reports of the performance of our country's students from both the Third International Mathematics and Science Study (TIMSS) and the National Assessment of Educational Progress (NAEP) echo a dismal message of lackluster performance, now 3 decades old. It is time the Nation heeded it--before it is too late. (10) In an age now driven by the relentless necessity of scientific and technological advancement, the current preparation that students in the United States receive in mathematics and science is, in a word, unacceptable. (11) Proficiency in mathematics, science, and information technology is necessary to prepare American students for participation in the 21st century and to guarantee that the United States economy remains vibrant and competitive. (12) Now is the time to set the stage for advancement in mathematics and science proficiency. (13) The United States must expect more from our educators and students. (14) In order to achieve this, it is important that we show interest in economically disadvantaged students who have not been provided with opportunities that will improve their knowledge of mathematics, science, and information technology. (15) Many economically disadvantaged students in urban and rural America share a common need to receive a quality education, but often their schools lack the needed resources to prepare them for the 21st century global community. (16) The schools and businesses serving these communities are strategically positioned to form a unique partnership with urban and rural students that will increase their mathematics, science, and information technology proficiency for the benefit of the Nation. (17) If our Nation continues failing to prepare citizens from all population groups for participation in the new, technology-driven economy, our Nation will risk losing its economic and intellectual preeminence. (18) America's students must improve their performance in mathematics and science if they are to succeed in today's world and if the United States is to stay competitive in an integrated global economy. (19) It is clear that the most direct route to improving mathematics and science achievement for all students is better mathematics and science teaching. SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED. (a) General Authority.-- (1) In general.-- (A) Grant program.--The Director shall establish a demonstration program under which the Director awards grants in accordance with this Act to eligible local educational agencies. (B) Uses of funds.--A local educational agency that receives a grant under this Act may use such grant funds to develop a program that builds or expands mathematics, science, and information technology curricula, to purchase equipment necessary to establish such program, and to provide professional development to enhance teacher quality in those subject areas. (2) Program requirements.--The program described in paragraph (1) shall-- (A) train teachers specifically in information technology, mathematics, and science; and (B) provide students with a rich standards-based course of study in mathematics, science, and information technology. (b) Eligible Local Educational Agency.--A local educational agency is eligible to receive a grant under this Act if the agency-- (1) provides assurances that it has executed conditional agreements with representatives of the private sector to provide services and funds described in subsection (c); and (2) agrees to enter into an agreement with the Director to comply with the requirements of this Act. (c) Private Sector Participation.--The conditional agreements referred to in subsection (b)(1) shall describe participation by the private sector, including-- (1) the donation of technology tools; (2) the establishment of internship and mentoring opportunities for students who participate in the mathematics, science, and information technology program; and (3) the donation of scholarship funds for selected students to continue their study of mathematics, science, and information technology. (d) Application.-- (1) In general.--To apply for a grant under this section, each eligible local educational agency shall submit an application to the Director in accordance with guidelines established by the Director pursuant to paragraph (2). (2) Guidelines.-- (A) Requirements.--The guidelines referred to in paragraph (1) shall require, at a minimum, that the application include-- (i) a description of proposed activities consistent with the uses of funds and program requirements under subsection (a)(1)(B) and (2); (ii) a description of the higher education scholarship program, including criteria for selection, duration of scholarship, number of scholarships to be awarded each year, and funding levels for scholarships; and (iii) evidence of private sector participation and financial support described in subsection (c). (B) Guideline publication.--The Director shall issue and publish such guidelines not later than 6 months after the date of the enactment of this Act. (3) Selection.--The Director shall select a local educational agency to receive an award under this section in accordance with subsection (e) and on the basis of merit to be determined after conducting a comprehensive review. (e) Priority.--The Director shall give special priority in awarding grants under this Act to eligible local educational agencies that-- (1) demonstrate the greatest ability to obtain commitments from representatives of the private sector to provide services and funds described under subsection (c); and (2) demonstrate the greatest economic need. (f) Maximum Grant Award.--An award made to an eligible local educational agency under this Act may not exceed $300,000. SEC. 4. STUDY AND REPORT. (a) Study.--The Director shall initiate an evaluative study of the effectiveness of the activities carried out under this Act in improving student performance in mathematics, science, and information technology at the precollege level and in stimulating student interest in pursuing undergraduate studies in these fields. (b) Report.--The Director shall report the findings of the study to Congress not later than 4 years after the award of the first scholarship. Such report shall include the number of students receiving assistance under this Act who graduate from an institution of higher education with a major in mathematics, science, or information technology, and the number of students receiving assistance under this Act who find employment in such fields. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``conditional agreement'' means an arrangement between representatives of the private sector and local educational agencies to provide certain services and funds, such as, but not limited to, the donation of computer hardware and software, the establishment of internship and mentoring opportunities for students who participate in mathematics, science, and information technology programs, and the donation of scholarship funds for use at institutions of higher education by eligible students who have participated in the mathematics, science, and information technology programs; (2) the term ``Director'' means the Director of the National Science Foundation; (3) the term ``eligible student'' means a student enrolled in the 12th grade who-- (A) has participated in a mathematics, science, and information technology program established pursuant to this Act; (B) has demonstrated a commitment to pursue a career in information technology, mathematics, science, or engineering; and (C) has attained high academic standing and maintains a grade point average of not less than 2.7 on a 4.0 scale for the period from the beginning of the 10th grade through the time of application for a scholarship; (4) the term ``institution of higher education'' has the same meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (5) the term ``local educational agency'' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Science Foundation to carry out this Act $5,000,000 for each of the fiscal years 2002 through 2006.

Mathematics and Science Proficiency Partnership Act of 2001 - Requires the Director of the National Science Foundation (NSF) to establish a demonstration program under which grants are awarded to eligible local educational agencies (LEAs) for: (1) developing programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing professional development to enhance teacher quality in those subject areas.Makes eligible for grants LEAs that provide assurances that they have executed conditional agreements for private sector participation, including: (1) the donation of technology tools; (2) the establishment of internship and mentoring opportunities; and (3) the donation of scholarship funds.Requires the Director to study and report to Congress on the effectiveness of activities under this Act in improving student performance in mathematics, science, and information technology at the precollege level and in stimulating student interest in pursuing undergraduate studies in these fields.

To develop a demonstration program through the National Science Foundation to encourage interest in the fields of mathematics, science, and information technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security Technology Innovation Act of 2011''. SEC. 2. SOURCE OF APPROPRIATIONS. Appropriations for carrying out this Act and the amendments made by this Act shall be derived from authorizations of appropriations under the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.). SEC. 3. ENSURING RESEARCH ACTIVITIES OF THE DEPARTMENT OF HOMELAND SECURITY INCLUDE APPROPRIATE CONCEPTS OF OPERATION. The Under Secretary for Science and Technology of the Department of Homeland Security (in this Act referred to as the ``Under Secretary'') shall ensure that any Federal Government interagency or intra-agency agreement entered into by the Under Secretary to develop and transition new technology explicitly characterizes the requirements, expected use, and concept of operations for that technology, including-- (1) the manpower needed to effectively operate the technology; (2) the expected training requirements; and (3) the expected operations and maintenance costs. SEC. 4. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE. Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 191(j)) is amended by striking ``on December 31, 2008'' and inserting ``on December 31, 2014''. SEC. 5. REPORT ON BASIC RESEARCH NEEDS FOR BORDER/MARITIME SECURITY. (a) Assessment.--The Comptroller General shall assess the basic science research needs in the border and maritime security domain. The assessment shall include consideration of the need for research on-- (1) detection, tracking, and identification technologies for cargo and people; (2) personal protective equipment; (3) document security and authentication technologies; (4) nonradiological advanced screening technologies at ports of entry; and (5) technologies for real time tactical scene awareness. (b) Report.--Not later than 6 months after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the assessment under subsection (a). SEC. 6. INCORPORATING UNMANNED AERIAL VEHICLES INTO BORDER/MARITIME AIRSPACE. (a) Research and Development.--Using amounts made available under section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the Secretary of Homeland Security and the Director of the Joint Planning and Development Office shall continue to research and develop technologies to permit routine operation of unmanned aerial vehicles, including autonomously piloted drones, within the national airspace for border and maritime security missions without any degradation of existing levels of safety for all national airspace system users. (b) Pilot Projects.--The Secretary shall coordinate with the Administrator of the Federal Aviation Administration acting through the Director of the Joint Planning and Development Office to enter into pilot projects in designated test ranges in sparsely populated, low- density air traffic airspace to conduct research, experiments, and data collection in order to accelerate the safe integration of unmanned aircraft systems into the national airspace system as part of research activities of the Joint Planning and Development Office. SEC. 7. RESEARCH PROGRAM IN TUNNEL DETECTION. (a) Research and Development.--Using amounts made available under section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the Under Secretary shall continue to research and develop technologies to permit detection of near surface voids, such as tunnels, with an emphasis on technologies with real time capability. (b) Coordination.--The Secretary of Homeland Security shall coordinate with other appropriate Federal agencies, including the Department of Defense and the United States Geological Survey, and ensure the integration of activities under subsection (a) with relevant efforts of such other agencies and the Department of Homeland Security's Centers of Excellence Program. SEC. 8. RESEARCH IN ANTICOUNTERFEIT TECHNOLOGIES. (a) Research and Development.--Using amounts made available under section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the Under Secretary, in coordination with the Director of the National Institute of Standards and Technology, shall continue a joint research and development program on anticounterfeit technologies and standards. The program may include development of counterfeit-resistant documentation, counterfeit-resistant devices, document validation technologies, and document identification standards. (b) Consultation.--In carrying out the program in subsection (a), the Under Secretary or his designee shall consult with other Federal agencies engaged in similar activities, including Immigration and Customs Enforcement, the Department of State, the Department of Defense, and the Department of Justice. (c) Report to Congress.--Not later than 12 months after the date of enactment of this Act, the Under Secretary and the Director of the National Institute of Standards and Technology shall provide to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate, a report detailing the actions taken by the Under Secretary and the Director under this section. SEC. 9. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES AT THE BORDER. (a) In General.--Using amounts made available under section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187), the Under Secretary, in coordination with the Commissioner of United States Customs and Border Protection, shall continue research on the use of mobile biometric technology at the Nation's borders between the ports of entry, including-- (1) conducting an analysis of existing mobile biometric technologies and the extent to which they can be deployed in Border Patrol agents' vehicles and used at the border, in terms of operability, reliability, cost, and overall benefit to border operations; (2) undertaking an examination of the potential end-user requirements of mobile biometric technology by the Border Patrol and other relevant end-users; (3) developing recommendations for addressing capability gaps in mobile biometric technologies; and (4) examining the feasibility of implementing a pilot program for use of mobile biometric technologies at the border. (b) Consultation.--In conducting the research program under subsection (a), the Under Secretary shall consult the National Institute of Standards and Technology, other appropriate Federal agencies, and appropriate Federal, State, and local law enforcement officials. (c) Coordination.--The Secretary shall ensure that the research program is coordinated with other biometric identification programs within the Department of Homeland Security. (d) Report.--Not later than 12 months after the date of enactment of this Act, the Under Secretary shall transmit to Congress a report on the findings of the research program conducted under this section.

Border Security Technology Innovation Act of 2011 - Directs the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to ensure that any federal government interagency or intra-agency agreement entered into by the Under Secretary to develop and transition new technology explicitly characterizes the requirements, expected use, and concept of operations for that technology. Changes the termination date for DHS's Homeland Security Science and Technology Advisory Committee to December 31, 2014. Directs the Comptroller General to assess the basic science research needs in the border and maritime security domain. Requires: (1) the Secretary of DHS and the Director of the Joint Planning and Development Office to continue to research and develop technologies to permit routine operation of unmanned aerial vehicles, including autonomously piloted drones, within the national airspace for border and maritime security missions without any degradation of existing levels of safety for all national airspace system users; (2) the Secretary to coordinate with the Director to enter into pilot projects in designated test ranges in sparsely populated, low-density air traffic airspace to conduct research, experiments, and data collection in order to accelerate the safe integration of unmanned aircraft systems into the national airspace system as part of that Office's research activities; (3) the Under Secretary to continue to research and develop technologies to permit detection of near surface voids, such as tunnels, with an emphasis on technologies with real time capability; and (4) the Secretary to coordinate with other federal agencies and ensure the integration of such activities with relevant efforts of such other agencies and DHS's Centers of Excellence Program. Directs the Under Secretary, in coordination with: (1) the Director of the National Institute of Standards and Technology, to continue a joint research and development program on anti-counterfeit technologies and standards; and (2) the Commissioner of United States Customs and Border Protection (CBP), to continue research on the use of mobile biometric technology at the nation's borders between the ports of entry.

To provide for the next generation of border and maritime security technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alzheimer's Beneficiary and Caregiver Support Act''. SEC. 2. TESTING OF MEDICARE AND MEDICAID COVERAGE OF ALZHEIMER'S DISEASE CAREGIVER SUPPORT SERVICES. Section 1115A of the Social Security Act (42 U.S.C. 1315a) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (A), by adding at the end the following new sentence: ``The models selected under this subparagraph shall include the model described in subparagraph (D), which shall be implemented by not later than the date that is 1 year after the date of enactment of such subparagraph.''; and (B) by adding at the end the following new subparagraph: ``(D) Alzheimer's disease caregiver support services model.--The model described in this subparagraph is a model that meets the requirements of subsection (h) with respect to coverage of, and payment for, Alzheimer's Disease caregiver support services (as defined in such subsection).''; and (2) by adding at the end the following new subsection: ``(h) Coverage of Alzheimer's Disease Caregiver Support Services.-- ``(1) In general.--Subject to the succeeding provisions of this subsection, for the 3-year period that begins on January 1, 2018, the Secretary shall test the efficacy of coverage of, and payment for, Alzheimer's Disease caregiver support services (as defined in paragraph (2)) under the applicable title, in delaying or reducing the use of institutionalized care for applicable Medicare beneficiaries (as defined in paragraph (3)). ``(2) Definition of alzheimer's disease caregiver support services.--In this subsection, the term `Alzheimer's Disease caregiver support services' means the following services furnished by an eligible professional (as defined in paragraph (3)) to a family caregiver (as defined in such paragraph) of an applicable Medicare beneficiary (as defined in such paragraph): ``(A) A defined set of counseling sessions over a fixed period of time (as determined appropriate by the Secretary), including a comprehensive baseline interview, two individual counseling sessions, and four family counseling sessions. ``(B) Following such defined set of counseling sessions, a subsequent period (as determined appropriate by the Secretary) of follow-up assessments, support group participation, and ad hoc counseling or consultations to support the family caregiver as needs arise and the health of the applicable Medicare beneficiary changes. ``(3) Additional definitions.--In this subsection: ``(A) Applicable medicare beneficiary.--The term `applicable Medicare beneficiary' means an individual-- ``(i) who is entitled to benefits under part A and enrolled under part B of title XVIII who is not enrolled in a Medicare Advantage plan under part C of such title, an eligible organization under section 1876, or a PACE program under section 1894; and ``(ii) who has been diagnosed with Alzheimer's Disease or a related dementia. ``(B) Eligible professional.--The term `eligible professional' means an individual who-- ``(i) is a clinical social worker (as defined in section 1861(hh)(1)) or a nurse practitioner (as defined in section 1861(aa)(5)(A)); and ``(ii) has undergone extensive online training in the best practices for caregiver intervention for patients who have been diagnosed with Alzheimer's Disease or a related dementia. ``(C) Family caregiver.--The term `family caregiver' means, with respect to an applicable Medicare beneficiary, a spouse, adult child, or other family member of the applicable Medicare beneficiary who is part of the care team of the applicable Medicare beneficiary and receives no monetary compensation for their service as part of the team. ``(4) Payment.--The Secretary shall establish payment amounts under this subsection for Alzheimer's Disease caregiver support services. ``(5) Number of family caregivers furnished alzheimer's disease caregiver support services.--The Secretary shall select a sufficient number of eligible professionals to participate in the model under this subsection to ensure that the primary family caregiver and at least one other, informal family caregiver of applicable Medicare beneficiaries receive Alzheimer's Disease caregiver support services under this subsection.''.

Alzheimer's Beneficiary and Caregiver Support Act This bill amends title XI (General Provisions) of the Social Security Act to require the Center for Medicare and Medicaid Innovation to test the efficacy of coverage and payment for Alzheimer's Disease caregiver support services in delaying or reducing the use of institutionalized care for Medicare beneficiaries. The Centers for Medicare & Medicaid Services shall establish payment amounts for such services.

Alzheimer's Beneficiary and Caregiver Support Act

SECTION 1. FINDINGS. Congress finds the following: (1) The United States and the Socialist Republic of Vietnam share an important and multifaceted bilateral relationship based on a unique and sensitive history. (2) The people of the United States and the people of Vietnam share the desire to foster hope, healing, and mutual prosperity for both countries. (3) Congress recognizes the potential benefits of Vietnam's membership in the World Trade Organization (WTO) and the extension of nondiscriminatory treatment (normal trade relations treatment) by the United States to the products of Vietnam on mutually beneficial terms. (4) The potential benefits from enhanced bilateral trade should not supplant legitimate matters of principle involving human rights, the rule of law, and religious freedom. (5) Vietnamese-Americans throughout the United States have emphasized the importance of addressing human rights, the rule of law, and religious freedom in conjunction with consideration of legislation to provide for the extension of nondiscriminatory treatment (normal trade relations treatment) by the United States to the products of Vietnam. (6) A specific mechanism to address Vietnam's progress on human rights, the rule of law, and religious freedom issues in an in-depth manner, focusing on vulnerabilities and areas of particular concern identified by the most recent annual Department of State's Country Reports on Human Rights Practices for Vietnam, the Trafficking in Persons Report, and the annual report of the United States Commission on International Religious Freedom, including progress in Vietnam's Central and Northwest Highlands, would serve as a valuable resource to complement existing United States Government efforts to address these issues and inform future efforts, reinforcing and strengthening the outcome of these efforts. (7) The Government of Vietnam has made significant efforts over the past decade to address the concerns of the United States Government regarding United States POW/MIA cases. (8) The Government of Vietnam has made efforts to improve human rights and religious freedoms, including efforts to conclude a bilateral agreement with the United States in which the Government of Vietnam agreed to take steps to improve religious freedom, grant amnesties to prisoners of conscience, establish a new Ordinance on Religion and issue instructions to prohibit forced renunciation of faith, ease restrictions on the training of clergy, support fact-finding visits to Vietnam by United States officials and Office of the United Nations High Commissioner for Refugees (UNHCR) personnel, improve worker rights, and make progress toward eliminating human trafficking. SEC. 2. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE SOCIALIST REPUBLIC OF VIETNAM. There is established a Congressional-Executive Commission on the Socialist Republic of Vietnam (in this Act referred to as the ``Commission''). SEC. 3. FUNCTIONS OF THE COMMISSION. (a) Monitoring Compliance With Human Rights.--The Commission shall monitor the acts of the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands, which reflect compliance with or violation of human rights, in particular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, including, but not limited to, effectively affording-- (1) the right to engage in free expression without fear of any prior restraints; (2) the right to peaceful assembly without restrictions, in accordance with international law; (3) religious freedom, including the right to worship free of involvement of and interference by the government; (4) the right to liberty of movement, freedom to choose a residence within Vietnam, freedom from coercion in family planning, and the right to leave from and return to Vietnam; (5) the right of a criminal defendant-- (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationally recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; and (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations. (b) Victims Lists.--The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the Socialist Republic of Vietnam due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) Monitoring Development of Rule of Law.--The Commission shall monitor the development of the rule of law in the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands, including, but not limited to-- (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of Vietnam; (5) the extent to which individuals are treated equally under the laws of Vietnam without regard to citizenship; (6) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (7) the extent to which laws in Vietnam are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights. (d) Bilateral Cooperation.--The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the Socialist Republic of Vietnam and expanding cooperation in areas that include, but are not limited to-- (1) increasing enforcement of human rights described in subsection (a); and (2) developing the rule of law in Vietnam. (e) Contacts With Nongovernmental Organizations.--In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports. (f) Annual Reports.-- (1) In general.--The Commission shall issue a report to the President and the Congress not later than 12 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, setting forth the findings of the Commission during the preceding 12-month period, in carrying out subsections (a) through (c). The Commission's report may contain recommendations for legislative or executive action. (2) Coordination.--The report required to be issued under paragraph (1) shall be developed in coordination with the findings of the most recent annual Department of State's Country Reports on Human Rights Practices for Vietnam, the Trafficking in Persons Report, and the annual report of the United States Commission on International Religious Freedom. (g) Specific Information in Annual Reports.--The Commission's report under subsection (f) shall include specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (11) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs. (h) Congressional Hearings on Annual Reports.--(1) The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (f), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (f), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report. (2) The provisions of paragraph (1) are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (i) Supplemental Reports.--The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (f), as appropriate, in carrying out subsections (a) through (c). SEC. 4. MEMBERSHIP OF THE COMMISSION. (a) Selection and Appointment of Members.--The Commission shall be composed of 7 members as follows: (1) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. One member shall be selected from the majority party and one member shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Two Members of the Senate appointed by the President of the Senate. One member shall be selected, after consultation with the majority leader of the Senate, from the majority party, and one member shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department. (4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department. (5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department. (b) Chairman and Cochairman.-- (1) Designation of chairman.--At the beginning of each odd- numbered Congress, the President of the Senate, on the recommendation of the majority leader of the Senate, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even- numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission. (2) Designation of cochairman.--At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader of the Senate, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission. SEC. 5. VOTES OF THE COMMISSION. Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the members of the Commission shall constitute a quorum for purposes of conducting business. SEC. 6. EXPENDITURE OF APPROPRIATIONS. For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation. SEC. 7. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out this Act, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and electronically recorded data as it considers necessary. Subpoenas may be issued only pursuant to a two-thirds vote of members of the Commission present and voting. Subpoenas may be issued over the signature of the Chairman of the Commission or any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witness. SEC. 8. APPROPRIATIONS FOR THE COMMISSION. (a) Authorization; Disbursements.-- (1) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2008, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended. (2) Disbursements.--Appropriations to the Commission shall be disbursed on vouchers approved-- (A) jointly by the Chairman and the Cochairman; or (B) by a majority of the members of the personnel and administration committee established pursuant to section 9. (b) Foreign Travel for Official Purposes.--Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairman or the Cochairman. SEC. 9. STAFF OF THE COMMISSION. (a) Personnel and Administration Committee.--The Commission shall have a personnel and administration committee composed of the Chairman, the Cochairman, the member of the Commission from the minority party of the House of Representatives, and the member of the Commission from the minority party of the Senate. (b) Committee Functions.--All decisions pertaining to the appointment, separation, and fixing of pay of personnel of the Commission shall be by a majority vote of the personnel and administration committee, except that-- (1) the Chairman shall be entitled to appoint and fix the pay of the staff director; and (2) the Chairman and Cochairman shall each have the authority to appoint, with the approval of the personnel and administration committee, at least two professional staff members who shall be responsible to the Chairman or the Cochairman (as the case may be) who appointed them. Subject to subsection (d), the personnel and administration committee may appoint and fix the pay of such other personnel as it considers desirable. (c) Staff Appointments.--All staff appointments shall be made 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. (d) Qualifications of Professional Staff.--The personnel and administration committee shall ensure that the professional staff of the Commission consists of persons with expertise in areas including human rights, internationally recognized worker rights, international economics, law (including international law), rule of law and other foreign assistance programming, Vietnamese politics, economy and culture, and, if possible, a working knowledge of the Vietnamese language. SEC. 10. PRINTING AND BINDING COSTS. For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 11. TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission.

Establishes a Congressional-Executive Commission on the Socialist Republic of Vietnam, which shall: (1) monitor the acts of the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands, which reflect compliance with or violation of human rights; (2) maintain lists of persons believed to be imprisoned, detained, tortured, or otherwise persecuted by the government of the Socialist Republic of Vietnam due to their pursuit of the rights described in this Act; (3) monitor the development of the rule of law in the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands; and (4) monitor and encourage the development of programs and activities of the U.S. government and private organizations with a view toward increasing the U.S.-Vietnam interchange.

To establish the Congressional-Executive Commission on the Socialist Republic of Vietnam.

SECTION 1. LAMPREY RIVER, NEW HAMPSHIRE. (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (158) and inserting the following: ``(158) Lamprey river, new hampshire.-- ``(A) Designation.-- ``(i) In general.--The 23.5 mile segment extending from the Bunker Pond Dam in Epping to the confluence with the Piscassic River in the vicinity of the Durham-Newmarket town line (referred to in this paragraph as the `segment') as a recreational river. ``(ii) Administration.-- ``(I) Cooperative agreements.--The segment shall be administered by the Secretary of the Interior through cooperative agreements under section 10(e) between the Secretary and the State of New Hampshire (including the towns of Epping, Lee, Durham, and Newmarket, and other relevant political subdivisions of that State). ``(II) Management plan.-- ``(aa) In general.--The segment shall be managed in accordance with the Lamprey River Management Plan, dated January 10, 1995, and such amendments to that plan as the Secretary of the Interior determines are consistent with this Act. ``(bb) Requirement for plan.--The plan described in item (aa) shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d). ``(B) Management.-- ``(i) Committee.--The Secretary of the Interior shall coordinate the management responsibility under this Act with respect to the segment designated by subparagraph (A) with the Lamprey River Advisory Committee established under New Hampshire RSA 483. ``(ii) Land management.-- ``(I) In general.--The zoning ordinances duly adopted by the towns of Epping, Lee, Durham, and Newmarket, New Hampshire, including provisions for conservation of shoreland, floodplains, and wetland associated with the segment, shall-- ``(aa) be considered to satisfy the standards and requirements of section 6(c) and the provisions of that section that prohibit Federal acquisition of lands by condemnation; and ``(bb) apply to the segment designated under subparagraph (A). ``(II) Acquisition of land.--The authority of the Secretary to acquire land for the purposes of this paragraph shall be-- ``(aa) limited to acquisition by donation or with the consent of the owner of the land; and ``(bb) subject to the additional criteria set forth in the Lamprey River Management Plan.''. (b) Conforming Amendment.--Section 405 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 1274 note; Public Law 104-333) is repealed.

Limits to acquisition by donation or with the owner's consent the Secretary's authority to acquire land under this Act.

A bill to amend the Wild and Scenic Rivers Act to improve the administration of the Lamprey River in the State of New Hampshire.

SECTION 1. TEMPORARY EXPENSING FOR EQUIPMENT USED IN REFINING OF LIQUID FUELS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179D the following new section: ``SEC. 179E. ELECTION TO EXPENSE CERTAIN REFINERIES. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any qualified refinery property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified refinery is placed in service. ``(b) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(c) Qualified Refinery Property.-- ``(1) In general.--The term `qualified refinery property' means any refinery or portion of a refinery-- ``(A) the original use of which commences with the taxpayer, ``(B) the construction of which-- ``(i) except as provided in clause (ii), is subject to a binding construction contract entered into after June 14, 2005, and before January 1, 2010, but only if there was no written binding construction contract entered into on or before June 14, 2005, or ``(ii) in the case of self-constructed property, began after June 14, 2005, ``(C) which is placed in service by the taxpayer after the date of the enactment of this section and before January 1, 2014, ``(D) in the case of any portion of a refinery, which meets the requirements of subsection (d), and ``(E) which meets all applicable environmental laws in effect on the date such refinery or portion thereof was placed in service. ``(2) Special rule for sale-leasebacks.--For purposes of paragraph (1)(A), if property is-- ``(A) originally placed in service after the date of the enactment of this section by a person, and ``(B) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subparagraph (B). ``(3) Effect of waiver under clean air act.--A waiver under the Clean Air Act shall not be taken into account in determining whether the requirements of paragraph (1)(E) are met. ``(d) Production Capacity.--The requirements of this subsection are met if the portion of the refinery-- ``(1) increases the rated capacity of the existing refinery by 5 percent or more over the capacity of such refinery as reported by the Energy Information Agency on January 1, 2005, ``(2) enables the existing refinery to process qualified fuels (as defined in section 29(c)) at a rate which is equal to or greater than 25 percent of the total throughput of such refinery on an average daily basis, or ``(3) replaces any portion of a refinery damaged or destroyed by Hurricane Katrina. ``(e) Election to Allocate Deduction to Cooperative Owner.--If-- ``(1) a taxpayer to which subsection (a) applies is an organization to which part I of subchapter T applies, and ``(2) one or more persons directly holding an ownership interest in the taxpayer are organizations to which part I of subchapter T apply, the taxpayer may elect to allocate all or a portion of the deduction allowable under subsection (a) to such persons. Such allocation shall be equal to the person's ratable share of the total amount allocated, determined on the basis of the person's ownership interest in the taxpayer. The taxable income of the taxpayer shall not be reduced under section 1382 by reason of any amount to which the preceding sentence applies. ``(f) Ineligible Refineries.--No deduction shall be allowed under subsection (a) for any qualified refinery property-- ``(1) the primary purpose of which is for use as a topping plant, asphalt plant, lube oil facility, crude or product terminal, or blending facility, or ``(2) which is built solely to comply with consent decrees or projects mandated by Federal, State, or local governments. ``(g) Reporting.--No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the refineries of the taxpayer as the Secretary shall require.''. (b) Conforming Amendments.-- (1) Section 1245(a) of the Internal Revenue Code of 1986 is amended by inserting ``179E,'' after ``179D,'' both places it appears in paragraphs (2)(C) and (3)(C). (2) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (J), by striking the period at the end of subparagraph (K) and inserting ``, or'', and by inserting after subparagraph (K) the following new subparagraph: ``(L) expenditures for which a deduction is allowed under section 179E.''. (3) Section 312(k)(3)(B) of such Code is amended by striking ``or 179D'' each place it appears in the heading and text and inserting ``179D, or 179E''. (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179D the following new item: ``Sec. 179E. Election to expense certain refineries.''. (c) Effective Date.--The amendments made by this section shall apply to properties placed in service after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a taxpayer election to expense the cost of certain fuel refinery property that meets a specified production capacity and is placed in service before January 1, 2014.

A bill to amend the Internal Revenue Code of 1986 to allow the temporary expensing of equipment used in refining of liquid fuels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ponzi Scheme Victim's Bill of Rights Act of 2010''. SEC. 2. TREATMENT OF QUALIFIED FRAUDULENT INVESTMENT LOSSES IN INDIVIDUAL RETIREMENT ACCOUNTS. (a) In General.--Section 165 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules for Qualified Fraudulent Investment Losses in Individual Retirement Accounts.-- ``(1) In general.--In the case of any qualified fraudulent investment loss in connection with assets held in an individual retirement plan, the beneficiary of such plan shall be allowed a deduction with respect to such loss in an amount equal to the lesser of-- ``(A) the greater of-- ``(i) the sum of the amount of contributions to such individual retirement plan by such beneficiary plus the amount of contributions to such individual retirement plan by such beneficiary's employer on behalf of such beneficiary, or ``(ii) 50 percent of the excess of-- ``(I) the value of the assets held by such beneficiary in such individual retirement plan, as reported immediately before such loss was discovered, over ``(II) the sum of value of the assets held by such beneficiary in such individual retirement plan immediately after such loss was discovered, or ``(B) $1,500,000. ``(2) Qualified fraudulent investment loss.--For purposes of this subsection-- ``(A) In general.--The term `qualified fraudulent investment loss' means a loss discovered in 2008 or 2009 resulting from a specified fraudulent arrangement in which, as a result of the conduct that caused the loss-- ``(i) a person described in subparagraph (B) was charged under State or Federal law with the commission of fraud, embezzlement, or similar crime which, if proven, would constitute a theft (within the meaning of subsection (c)(3)), or ``(ii) a person described in subparagraph (B) was the subject of a State or Federal criminal complaint (not withdrawn or dismissed) alleging the commission of fraud, embezzlement, or similar crime which, if proven, would constitute a theft (within the meaning of subsection (c)(3)), and either-- ``(I) the complaint alleged an admission by such person or the execution of an affidavit by such person admitting the crime, or ``(II) a receiver or trustee was appointed with respect to the arrangement or assets of the arrangement were frozen. ``(B) Specified fraudulent arrangement.--The term `specified fraudulent arrangement' means an arrangement in which a person-- ``(i) receives cash or property from investors, ``(ii) purports to earn income for investors, ``(iii) reports income amounts to the investors that are partially or wholly fictitious, ``(iv) makes payments, if any, of purposed income or principal to some investors from amounts that other investors invested in the fraudulent arrangement, and ``(v) appropriates some or all of the investors' cash or property. ``(3) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including to prevent fraud and abuse under this subsection.''. (b) Deduction Allowed in Calculating Net Investment Loss.--Section 172(d)(4)(C) of the Internal Revenue Code of 1986 is amended by inserting ``and any deduction allowed under section 165(m)'' after ``section 165(c)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. 6-YEAR NET OPERATING LOSS CARRYBACK. (a) Extension of Net Operating Loss Carryback Period.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(K) Qualified fraudulent investment losses.-- ``(i) In general.--In the case of the portion of a net operating loss which is a qualified fraudulent investment loss (as defined in section 165(m)(2)) with respect to which the taxpayer has elected the application of this subparagraph-- ``(I) subparagraph (A)(i) shall be applied by substituting `the applicable number of taxable years' for `2 taxable years' with respect to the portion of the net operating loss for the taxable year which is a qualified fraudulent investment loss, and ``(II) subparagraphs (F) and (H) shall not apply with respect to any qualified fraudulent investment loss. ``(ii) Applicable number of taxable years.--For purposes of clause (i), the applicable number of taxable years is any whole number elected by the taxpayer which is more than 2 but not more than the lesser of-- ``(I) 6 years (7 years in any case in which the taxpayer or, in the case of a joint return, the taxpayer's spouse has attained the age of 65 before the close of the taxable year in which the qualified fraudulent investment loss was discovered), or ``(II) the period that the taxpayer had amounts invested in the scheme to which such election applies. ``(iii) Special rule for deceased spouses.--If an individual was included on a joint return of a taxpayer for a taxable year to which a qualified fraudulent investment loss (as so defined) is carried back under this subparagraph and such individual has died before the beginning of the taxable year in which such qualified fraudulent investment loss arises, then such qualified fraudulent investment loss shall be treated as a loss with respect to both the taxpayer and such individual with respect to the taxable year to which such loss carried. ``(iv) Coordination with paragraph (2).-- For purposes of applying paragraph (2), a qualified fraudulent investment loss (as so defined) for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated.''. (b) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007. (2) Transition rule.--In the case of a net operating loss for a taxable year ending before the date of the enactment of this Act-- (A) notwithstanding section 172(b)(1)(H)(iii)(II), any election made under subsection (b)(1)(H) or 172(b)(3) of section 172 of such Code with respect to such loss may (notwithstanding such section) be revoked before the applicable date, (B) any election made under section 172(b)(1)(K) of such Code with respect to such loss shall (notwithstanding such section) be treated as timely made if made before the applicable date, and (C) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term ``applicable date'' means the date which is 60 days after the date of the enactment of this Act. SEC. 4. HARDSHIP WITHDRAWALS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Distributions to replace qualified fraudulent investment losses.--Any distribution which was made during the 10-year period beginning on the date on which a qualified fraudulent investment loss (as defined in section 165(m)(2)) was discovered to the extent the aggregate of such distributions do not exceed such qualified fraudulent investment loss.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. CATCH-UP CONTRIBUTIONS. (a) In General.--Section 219(b)(5) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) Catchup contributions relating to qualified fraudulent investment losses.-- ``(i) In general.--In the case of any applicable individual who elects to make a qualified retirement contribution in addition to the amount determined under subparagraph (A), the deductible amount for any taxable year shall be increased by an amount equal to the lesser of-- ``(I) 100 percent of the amount determined under subparagraph (A) for such taxable year, or ``(II) the excess of the qualified fraudulent investment loss described in clause (ii) over the amount of contributions allowed as a deduction by reason of this subparagraph for all preceding taxable years. ``(ii) Applicable individual.--For purposes of this subparagraph, the term `applicable individual' means, with respect to any taxable year, any individual with a qualified fraudulent investment loss (as defined in section 165(m)(2)) in an individual retirement plan in any of the 10 immediately preceding taxable years if the amount of such loss exceeded 50 percent of the value of such individual retirement plan on the day immediately preceding the discovery of the qualified fraudulent investment loss.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. EXTENSION OF LIMITATION FOR CREDITS AND REFUNDS FOR GIFTS AND BEQUESTS OF ASSETS WITH QUALIFIED FRAUDULENT INVESTMENT LOSSES. (a) In General.--Section 6511 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Special Rules Applicable to Estate and Gift Taxes With Respect to Assets With Qualified Fraudulent Investment Losses.-- ``(1) In general.--If a claim for a credit or refund relates to an overpayment of taxes imposed under subtitle B in connection with a gift or bequest of an interest in an investment with respect to which there is a qualified fraudulent investment loss (as defined in section 165(m)(2)) and the taxpayer did not know, and reasonably should not have known, about the criminal behavior in connection with such loss, such credit or refund may be allowed or made if claim therefor is filed on or before the date that is 6 years after the return to which the credit or overpayment relates was filed. ``(2) Determination of value.-- ``(A) Gift taxes.--In determining the amount of any credit or refund described in paragraph (1) relating to a gift, the value of such gift shall be not more than the greater of the value of such gift on the last day of the taxable year in which the qualified fraudulent investment loss was discovered or the amount realized from the disposition of such gift (if any) by the donee. ``(B) Estate taxes.--In determining the amount of any credit or refund described in paragraph (1) relating to a bequest, the value of such bequest shall be not more than the greater of the value of such bequest on the last day of the calendar year in which the qualified fraudulent investment loss was discovered or the amount realized from the disposition of such bequest (if any) by the donee.''. (b) Effective Date.--The amendments made by this section shall apply to gifts or bequests made after December 31, 2007.

Ponzi Scheme Victim's Bill of Rights Act of 2010 - Amends the Internal Revenue Code to allow: (1) a special tax deduction for qualified fraudulent investment losses held in an individual retirement account (IRA); (2) a six-year carryback of net operating losses which are qualified fraudulent investment losses; (3) withdrawals from tax-exempt retirement plans for a 10-year period without penalty to replace qualified fraudulent investment losses; (4) catch-up contributions to retirement plans to compensate for fraudulent investment losses; and (5) an extension of the limitation period for filing refund claims for overpayments of tax in connection with gifts and bequests of an interest in an investment for which there is a qualified fraudulent investment loss. Defines "qualified fraudulent investment loss" as a loss discovered in 2008 or 2009 resulting from a fraudulent arrangement in which a person receives cash or property from investors, purports to earn income for investors, reports partially or wholly fictitious income to such investors, makes payments to some investors from payments made by other investors, and appropriates some or all of the investors' cash or property.

A bill to amend the Internal Revenue Code of 1986 to provide tax relief for persons with investment losses due to fraud or embezzlement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Northern Europe is an increasingly vital part of Europe and one that offers great opportunities for United States investment. (2) Northern Europe offers an excellent opportunity to make progress toward the United States vision of a secure, prosperous, and stable Europe, in part because of-- (A) historical tradition of regional cooperation; (B) the opportunity to engage Russia in positive, cooperative activities with its neighbors to the west; (C) commitment by the Baltic states to regional cooperation and integration into western institutions; and (D) longstanding, strong ties with the United States. (3) The United States Northern Europe Initiative (NEI) provides the conceptual and operational framework for United States policy in the region, focused on developing a regional network of cooperation in the important areas of business and trade promotion, law enforcement, the environment, energy, civil society, and public health. (4) A central objective of the United States Northern Europe Initiative is to promote cross-border cooperation among the countries in the region. (5) A wide variety of regional and cross-border projects have been initiated under the United States Northern Europe Initiative since the Initiative was established in 1997, including the following: (A) A United States-Lithuanian training program for entrepreneurs from Belarus and Kaliningrad. (B) The Great Lakes-Baltic Sea Partnership program that is being implemented by the Environmental Protection Agency. (C) A Center of Excellence for Treatment of Multidrug- Resistant Tuberculosis in Riga, Latvia. (D) A regional HIV/AIDS strategy being developed under United States and Finnish leadership. (E) Multiple efforts to combat organized crime, including regional seminars for police officers and prosecutors. (F) Programs to encourage reform of the Baltic electricity market and encourage United States investment in such market. (G) Language and job training programs for Russian-speaking minorities in Latvia and Estonia to promote social integration in those countries. (H) A mentoring partnership program for woman entrepreneurs in the northwest region of Russia and the Baltic states, as part of broader efforts to promote women's participation in political and economic life. (6) Norway, Sweden, and Finland have made considerable efforts to provide assistance to the newly independent Baltic states and to the Northwest region of Russia. In particular, the United States notes the request placed before the European Union by Finland in 1999 for the creation and extensive funding by the European Union of a ``Northern Dimension'' Initiative to substantially address the problems that now exist in Northern Europe with regard to economic development, protection of the environment, the safety and containment of nuclear materials, and other issues. (7) The United States commends the endorsement of the ``Northern Dimension'' Initiative by the European Council at its meeting in Helsinki, Finland in December 1999 and calls on the European Union to act on that endorsement through the provision of substantial funding for the Initiative. (8) While the European Union, its member states, and other European countries should clearly take the lead in addressing the challenges posed in Northern Europe, in particular through appropriate yet substantial assistance provided by the European Union, the United States Northern Europe Initiative, and this Act are intended to supplement such efforts and build on the considerable assistance that the United States has already provided to the Baltic states and the Russian Federation. Partnership with other countries in the region means modest United States investment can have significant impact. (9) The United States Northern Europe Initiative's focus on regional environmental challenges is particularly important. Northern Europe is home to significant environmental problems, particularly the threat posed by nuclear waste from Russian submarines, icebreakers, and nuclear reactors. (10) In particular, 21,000 spent fuel assemblies from Russian submarines are lying exposed near Andreeyeva Bay, nearly 60 dangerously decrepit nuclear submarines, many in danger of sinking, are languishing in the Murmansk area of Northwest Russia, whole reactors and radioactive liquid waste are stored on unsafe floating barges, and there are significant risks of marine and atmospheric contamination from accidents arising from loss of electricity or fire on deteriorating, poorly monitored nuclear submarines. (11) This waste poses a threat to the safety and stability of Northern Europe and to countries of the Eurasian continent. (12)(A) In addition, the Environmental Protection Agency has facilitated the expansion and upgrading of a facility for the treatment of low-level liquid radioactive waste from the decommissioning of nuclear submarines docked at naval facilities in the Arctic region of Russia. (B) The Environmental Protection Agency has also initiated a project to construct an 80-ton prototype cask for the storage and transport of civilian-controlled spent nuclear fuel, much of it damaged and currently stored onboard an aging vessel anchored in Murmansk Harbor. Currently in the design phase, this project is scheduled for completion in 2000. (13) Working with the countries in the region to address these environmental problems remains vital to the long-term national interest of the United States. (14) The United States and other countries are currently negotiating a number of agreements with Russia which will provide internationally accepted legal protections for the United States and other countries that provide nuclear waste management assistance to Russia. Regrettably, it has not yet been possible to resolve remaining differences over liability, taxation of assistance, privileges and immunities for foreign contractors, and audit rights. (15) Concluding these agreements is vital to the continued provision of such assistance and to the possible development of new programs. (16) With the election of Russian President Vladamir Putin, the opportunity presents itself to surmount these problems, to conclude these outstanding agreements, and to allow assistance programs to move forward to alleviate this problem. (17) The United States Government is currently studying whether dismantlement of multi-purpose submarines is in the national interest. (b) Purpose.--The purpose of this Act is to demonstrate concrete support for continued cross-border cooperation in Northern Europe and immediate efforts to assist in the clean up of nuclear waste in that region. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the United States Northern Europe Initiative is a sound framework for future United States involvement in Northern Europe; (2) the European Union should move expeditiously to authorize and fund the proposed ``Northern Dimension'' Initiative at appropriate yet substantial levels of assistance; (3) the United States should continue to support a wide-ranging strengthening of democratic and civic institutions on a regional basis to provide a foundation for political stability and investment opportunities, including cross-border exchanges, in Northern Europe; (4) the United States should demonstrate continued commitment to address environmental security challenges in Northwest Russia, in cooperation with partners in the region; (5) recently-elected Russian President Vladamir Putin should rapidly conclude pending nuclear waste management agreements to enable assistance programs to go forward; and (6) assistance to Russia on nuclear waste management should only be provided after issues related to liability, taxation of assistance, privileges and immunities for foreign contractors, and audit rights have been resolved. SEC. 4. SUPPORT FOR UNITED STATES NORTHERN EUROPE INITIATIVE PROJECTS. (a) Availability of Amounts From East European and the Baltic States Assistance.--Of the amounts available for fiscal year 2001 to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for Eastern European Democracy (SEED) Act of 1989 for assistance and for related programs for Eastern Europe and the Baltic states, not less than $2,000,000 shall be used for projects described in subsection (c). (b) Availability of Amounts From Independent States of the Former Soviet Union Assistance.--Of the amounts available for fiscal year 2001 to carry out the provisions of chapter 11 of part I of the Foreign Assistance Act of 1961 and the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 for assistance for the independent states of the former Soviet Union and related programs, not less than $2,000,000 shall be used for the projects described in subsection (c). (c) Projects Described.--The projects described in this subsection are United States Northern Europe Initiative projects relating to environmental cleanup, law enforcement, public health, energy, business and trade promotion, and civil society. SEC. 5. REPORT ON ENVIRONMENTAL SECURITY. Not later that 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other appropriate Federal departments and agencies, shall prepare and submit to the Congress a report on-- (1) the threat to the environmental security of the countries of Northern Europe and other countries of Europe and Asia presented by Russian marine nuclear reactors, waste, and contamination; and (2) identifying the possibilities for new and expanded United States and multilateral assistance programs for environmental clean-up in Northwest Russia, including technical exchanges and private-public partnerships. SEC. 6. DEFINITIONS. In this Act: (1) Northern europe.--The term ``Northern Europe'' means the northwest region of the Russian Federation (including Kaliningrad), the Republic of Belarus, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Kingdom of Denmark, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Republic of Poland, and the Kingdom of Sweden. (2) United states northern europe initiative.--The term ``United States Northern Europe Initiative'' means the framework agreement established in 1997 between the United States and the countries of Northern Europe to promote stability in the Baltic Sea region and to strengthen key institutions and security structures of the United States and the countries of Northern Europe. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Allocates specified sums from previously authorized appropriations for assistance and related programs for Eastern Europe and the Baltic States for the United States Northern Europe Initiative projects relating to environmental cleanup, law enforcement, public health, energy, business and trade promotion. Instructs the Secretary of State to report to Congress on: (1) the threat to environmental security presented by Russian marine nuclear reactor, waste, and contamination; and (2) possibilities for expanded United States and multilateral assistance programs for environmental clean-up in Northwest Russia, including technical exchanges and private- public partnerships.

Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Economic Certainty Act of 2011''. SEC. 2. MORATORIUM ON REGULATIONS AND RULES. Until the end of the moratorium period, a Federal agency may not take any rulemaking action unless an exception is provided under section 5. SEC. 3. REQUIREMENTS RELATING TO ECONOMIC IMPACT STATEMENTS. (a) Economic Impact Statements on Pending Rulemaking Actions.--Not later than 30 days after the date of the enactment of this Act, each Federal agency shall begin to prepare an economic impact statement on each rulemaking action of the agency that was proposed but not promulgated before the start of the moratorium period. Not later than 12 months after the start of the moratorium period, each Federal agency shall submit to the appropriate Congressional committees the economic impact statements relating to all such pending rulemaking actions of the agency. (b) Economic Impact Statements on Rulemaking Actions Following Moratorium.--After the moratorium period, any rulemaking action shall include an economic impact statement. (c) Definition.--In this Act, the term ``economic impact statement'' means a statement from a Federal agency, certified by the Director of the Office of Management and Budget, that contains a detailed estimate of the total annual costs and benefits of a regulation or rule, including the anticipated net impact of the regulation or rule on employment. SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES. (a) In General.--Any deadline for, relating to, or involving any action dependent upon, any rulemaking actions authorized or required to be taken before the end of the moratorium period is extended for 5 months or until the end of the moratorium period, whichever is later. (b) Deadline Defined.--The term ``deadline'' means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation or rule, or by or under any court order implementing any Federal statute or regulation or rule. (c) Identification of Postponed Deadlines.--Not later than 30 days after the date of the enactment of this Act, the President shall identify and publish in the Federal Register a list of deadlines covered by subsection (a). SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS. (a) Emergency Exception.--Section 3(a) or 4(a), or both, shall not apply to a rulemaking action if-- (1) the head of a Federal agency otherwise authorized to take the action submits a written request to the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget and submits a copy thereof to the appropriate committees of each House of the Congress; (2) the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget finds in writing that a waiver for the action is (A) necessary because of an imminent threat to health or safety or other emergency, or (B) necessary for the enforcement of criminal laws; and (3) the Federal agency head publishes the finding and waiver in the Federal Register. (b) Exclusions.--The head of an agency shall publish in the Federal Register any action excluded because of a certification under section 6(3)(B). (c) Civil Rights Exception.--Section 3(a) or 4(a), or both, shall not apply to a rulemaking action to establish or enforce any statutory rights against discrimination on the basis of age, race, religion, gender, national origin, or handicapped or disability status except such rulemaking actions that establish, lead to, or otherwise rely on the use of a quota or preference based on age, race, religion, gender, national origin, or handicapped or disability status. SEC. 6. DEFINITIONS. In this Act: (1) Federal agency.--The term ``Federal agency'' means any executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include-- (A) the General Accounting Office; (B) the Federal Election Commission; (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; (E) the Board of Governors of the Federal Reserve System; or (F) the Federal Deposit Insurance Corporation. (2) Moratorium period.--The term ``moratorium period'' means the two-year period beginning on the date occurring 30 days after the date of the enactment of this Act. (3) Regulation or rule.-- (A) In general.--Except as provided in subparagraph (B), the term ``regulation or rule'' means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. (B) Exceptions.--The term ``regulation or rule'' does not include any of the following: (i) Regulations or rules that pertain to a military or foreign affairs function of the United States other than procurement regulations and regulations involving the import or export of non-defense articles and services. (ii) Regulations or rules that are limited to agency organization, management, or personnel matters. (iii) Regulations or rules that the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certifies in writing are limited to repealing an existing regulation or rule. (iv) Regulations or rules that pertain to aviation safety. (v) Regulations or rules that grant an application for licenses, registrations, or similar authorities; grant or recognize exemptions; grant a variance or petition for relief from a regulatory requirement or other action relieving a restriction; or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. (4) Rulemaking action.--The term ``rulemaking action'' means the formulation, amendment, or repeal of a regulation or rule by a Federal agency. (5) License.--The term ``license'' means the whole or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission. (6) Imminent threat to health or safety.--The term ``imminent threat to health or safety'' means the existence of any condition, circumstance, or practice reasonably expected to cause death, serious illness, or severe injury to humans, or substantial endangerment to private property during the moratorium period. SEC. 7. LIMITATION ON CIVIL ACTIONS. No private right of action may be brought against any Federal agency for a violation of this Act. This prohibition shall not affect any private right of action or remedy otherwise available under any other law.

Restoring Economic Certainty Act of 2011 - Prohibits federal agencies from taking any rulemaking action during the two-year period beginning 30 days after enactment of this Act. Extends any deadline for any action authorized or required to be taken before the end of such moratorium period for five months or until the end of the period, whichever is later. Specifies exceptions, including for actions that: (1) are determined to be necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or to establish or enforce statutory rights against discrimination; or (2) pertain to a military or foreign affairs function other than procurement or to aviation safety. Requires each federal agency to submit an economic impact statement, which shall contain a detailed estimate of the total annual costs and benefits of a regulation or rule, including the anticipated net impact on employment, on each rulemaking action that was proposed but not promulgated before the start of such moratorium. Requires any rulemaking action after the moratorium ends to include such a statement. Exempts: (1) the General Accounting Office (GAO); (2) the Federal Election Commission (FEC); (3) the governments of the District of Columbia and of U.S. territories and possessions; (4) government-owned contractor-operated facilities; (5) the Board of Governors of the Federal Reserve System; and (6) the Federal Deposit Insurance Corporation (FDIC).

To ensure economy and efficiency of Federal Government operations by establishing a moratorium on rulemaking actions, and for other purposes.

SECTION 1. ARMY RESERVE COMMAND. (a) Establishment as Permanent Major Army Command.--(1) Chapter 307 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3082. Army Reserve Command ``(a) Establishment of Command.--There is in the Army an Army Reserve Command, which shall be a major command of the Army. The Secretary of the Army shall maintain that command with the advice and assistance of the Chief of Staff of the Army. ``(b) Commander.--The Chief of Army Reserve is the commander of the Army Reserve Command. The commander of the Army Reserve Command reports directly to the Chief of Staff. ``(c) Assignment of Forces.--The Secretary of the Army shall assign to the Army Reserve Command all forces of the Army Reserve.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3082. Army Reserve Command.''. (b) Grade of Chief of Army Reserve.--Subsection (c) of section 3038 of such title is amended by striking out ``major general'' in the third sentence and inserting in lieu thereof ``lieutenant general''. (c) Conforming Repeal.--Section 903 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note) is repealed. (d) Transition Provision.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a report on the plans of the Secretary for implementation of section 3082 of title 10, United States Code, as added by subsection (a). Such implementation shall begin not later than 90 days after the date of the enactment of this Act and shall be completed not later than one year after such date. SEC. 2. NAVAL RESERVE COMMAND. (a) Establishment as Permanent Major Naval Command.--(1) Chapter 519 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 5253. Naval Reserve Command ``(a) Establishment of Command.--There is in the Navy a Naval Reserve Command, which shall be a major command of the Navy. The Secretary of the Navy shall maintain that command with the advice and assistance of the Chief of Naval Operations. ``(b) Commander.--The Chief of Naval Reserve is the commander of the Naval Reserve Command. The commander of the Naval Reserve Command reports directly to the Chief of Naval Operations. ``(c) Assignment of Forces.--The Secretary of the Navy shall assign to the Naval Reserve Command all forces of the Naval Reserve.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5253. Naval Reserve Command.''. (b) Chief of Naval Reserve.--(1) Chapter 513 of such title is amended by inserting after section 5142a the following new section: ``Sec. 5143. Office of Naval Reserve: appointment of Chief ``(a) There is in the executive part of the Department of the Navy an Office of the Naval Reserve which is headed by a chief who is the adviser to the Chief of Naval Operations on Naval Reserve matters. ``(b) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Naval Reserve from officers of the Naval Reserve not on active duty, or on active duty under section 265 of this title, who-- ``(1) have had at least 10 years of commissioned service in the Naval Reserve; ``(2) are in the grade of rear admiral (lower half) and above; and ``(3) have been recommended by the Secretary of the Navy. ``(c) The Chief of Naval Reserve holds office for four years but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of vice admiral for service in the Naval Reserve.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5142a the following new item: ``5143. Office of Naval Reserve: appointment of Chief.''. SEC. 3. MARINE CORPS RESERVE COMMAND. (a) Establishment as Permanent Major Marine Corps Command.--(1) Chapter 519 of title 10, United States Code (as amended by section 2(a)), is further amended by adding at the end the following new section: ``Sec. 5254. Marine Corps Reserve Command ``(a) Establishment of Command.--There is in the Marine Corps a Marine Corps Reserve Command, which shall be a major command of the Marine Corps. The Secretary of the Navy shall maintain that command with the advice and assistance of the Commandant of the Marine Corps. ``(b) Commander.--The Chief of Marine Corps Reserve is the commander of the Marine Corps Reserve Command. The commander of the Marine Corps Reserve Command reports directly to the Commandant of the Marine Corps. ``(c) Assignment of Forces.--The Secretary of the Navy shall assign to the Marine Corps Reserve Command all forces of the Marine Corps Reserve.''. (2) The table of sections at the beginning of such chapter (as amended by section 2(a)) is amended by adding at the end the following new item: ``5254. United States Marine Corps Reserve Command.''. (b) Chief of Marine Corps Reserve.--(1) Chapter 513 of such title is amended by inserting after section 5143 (as added by section 2(b)) the following new section: ``Sec. 5144. Office of Marine Corps Reserve: appointment of Chief ``(a) There is in the executive part of the Department of the Navy an Office of the Marine Corps Reserve which is headed by a chief who is the adviser to the Commandant of the Marine Corps on Marine Corps Reserve matters. ``(b) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Marine Corps Reserve from officers of the Marine Corps Reserve not on active duty, or on active duty under section 265 of this title, who-- ``(1) have had at least 10 years of commissioned service in the Marine Corps Reserve; ``(2) are in the grade of major general and above; and ``(3) have been recommended by the Secretary of the Navy. ``(c) The Chief of Marine Corps Reserve holds office for four years but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of lieutenant general for service in the Marine Corps Reserve.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5143 (as added by section 2(b)) the following new item: ``5144. Office of Marine Corps Reserve: appointment of Chief.''. SEC. 4. AIR FORCE RESERVE COMMAND. (a) Establishment as Permanent Major Air Force Command.--(1) Chapter 807 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8082. Air Force Reserve Command ``(a) Establishment of Command.--There is in the Air Force an Air Force Reserve Command, which shall be a major command of the Air Force. The Secretary of the Air Force shall maintain that command with the advice and assistance of the Chief of Staff of the Air Force. ``(b) Commander.--The Chief of Air Force Reserve is the commander of the Air Force Reserve Command. The commander of the Air Force Reserve Command reports directly to the Chief of Staff of the Air Force. ``(c) Assignment of Forces.--The Secretary of the Air Force shall assign to the Air Force Reserve Command all forces of the Air Force Reserve.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``8082. Air Force Reserve Command.''. (b) Grade of Chief of Air Force Reserve.--Subsection (c) of section 8038 of such title is amended by striking out ``major general'' in the third sentence and inserting in lieu thereof ``lieutenant general''.

Establishes in the appropriate military department an Army, Navy, Air Force, and Marine Corps Reserve Command, to be commanded by the appropriate Chief of such department. Requires the Secretary of the military department concerned to assign to that department's Command all the current reserve forces. Establishes in the Navy the Office of Naval Reserve and the Office of Marine Corps Reserve, each headed by a chief who shall be the advisor to the Chief of Naval Operations and the Commandant of the Marine Corps, respectively, on all Naval Reserve or Marine Corps Reserve matters.

To amend title 10, United States Code, to establish a separate reserve component command within each of the Army, the Navy, the Air Force, and the Marine Corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting the Second Amendment and Hunting Rights on Federal Lands Act of 2008''. SEC. 2. POSSESSING OR CARRYING FIREARMS AND AMMUNITION IN UNITS OF THE NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE SYSTEM. (a) Findings.--Congress finds the following: (1) The second amendment to the Constitution of the United States provides that ``the right of the people to keep and bear Arms, shall not be infringed''. (2) People in the United States use firearms over 2,000,000 times a year for self-defense. (3) States that have enacted legislation expanding the rights of residents to use firearms for self-defense have witnessed a decrease in firearm-related crime. (4) As of the date of enactment of this Act, Federal regulations generally prohibit persons from possessing firearms in units of the National Park System and the National Wildlife Refuge System. (5) The regulations described in paragraph (4) often prevent an individual complying with Federal and State laws from exercising such individual's second amendment rights while in units of the National Park System or the National Wildlife Refuge System. (6) Laws relating to the transportation and possession of firearms in units of the National Park System and the National Wildlife Refuge System are often different than the laws of the State such units of the National Park System or the National Wildlife Refuge System are located in, entrapping otherwise law-abiding gun owners while in units of the National Park System and the National Wildlife Refuge System. (7) Federal law should clarify that the second amendment rights of an individual in a unit of the National Park System or the National Wildlife Refuge System will not be infringed. (b) Protecting the Right of an Individual To Keep and Bear Firearms and Ammunition in Units of the National Park System and the National Wildlife Refuge System.--No Federal regulation shall restrict any individual from possessing or carrying a firearm or ammunition if that restriction is based in whole or in part upon the fact that the individual is in a unit of the National Park System or the National Wildlife Refuge System. SEC. 3. HUNTING ON FEDERAL LAND. (a) Purpose.--The purpose of this section is to require that hunting activities be a land use in all management plans for Federal land to the extent that such use is not clearly incompatible with the purposes for which the Federal land is managed. (b) Hunting Allowed Unless Incompatible.--When developing or considering approval of a management plan (or any amendment to such a management plan) for any Federal land, the head of the agency with jurisdiction over such Federal land shall ensure that hunting activities are allowed as a use of such land to the extent that such use is not clearly incompatible with the purposes for which the Federal land is managed. (c) Publication of Reasons for Not Allowing Hunting.--If hunting activities are not allowed or are restricted on Federal land, the head of the agency with jurisdiction over such Federal land shall include in the management plan for that Federal land the specific reason that hunting activities are not allowed or are restricted. Allowing contract or quota thinning of wildlife shall not constitute allowing unrestricted hunting. For the purposes of this subsection, a fee charged by any entity related to hunting activities on Federal land under the jurisdiction of the Secretary that is in excess of that needed to recoup costs of management of the Federal land shall be deemed to be a restriction on hunting. (d) Fees.--Fees charged related to hunting activities on Federal land shall be-- (1) retained by the head of the agency with jurisdiction over such Federal land to offset costs directly related to management of hunting on the Federal land upon which hunting activities related to the fee are conducted; and (2) limited to what the Secretary reasonably estimates to be necessary to offset costs directly related to management of hunting on the Federal land upon which hunting activities related to the fee are conducted. (e) Definitions.--In this Act: (1) Hunting.--The term ``hunting'' includes hunting, trapping, netting, and fishing. (2) Management plan.--The term ``management plan'' shall include a management plan, management contract, or other comprehensive plan for the management or use of Federal land. (f) Applicability.--This section shall apply to all management plans developed, approved, or amended after the date of the enactment of this section.

Protecting the Second Amendment and Hunting Rights on Federal Lands Act of 2008 - Prohibits any federal regulation from restricting any individual from possessing or carrying a firearm or ammunition, if such restriction is based, in whole or in part, upon the fact that the individual is in a unit of the National Park System or the Wildlife Refuge System. Sets forth provisions with regard to allowing hunting activities on federal lands. Requires an agency with jurisdiction over any federal land, when developing or considering approval of a management plan, to ensure that hunting activities are allowed as a use of such land to the extent that such use is not clearly incompatible with the purposes for which the federal land is managed.

To protect the second amendment rights of individuals to carry firearms and ammunition in units of the National Park System and the National Wildlife Refuge System and to require that hunting activities be a land use in all management plans for Federal land to the extent that such use is not clearly incompatible with the purposes for which the Federal land is managed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global HIV/AIDS Food Security and Nutrition Support Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The spread of HIV/AIDS is exacerbated by poverty, and economic and social vulnerability, disempowerment, and inequality. (2) Food insecurity has a direct detrimental impact on prevention, care, and treatment of HIV/AIDS. (3) Programming for HIV/AIDS must address the underlying factors that contribute to the spread of the disease in order to be effective and sustainable. (4) The World Food Program estimates that 6,400,000 people affected by HIV will need nutritional support by 2008. (5) The highest rates of HIV infections are in countries with significant rates of malnutrition, especially in sub- Saharan Africa. (6) People living with HIV/AIDS are less productive due to illness, which contributes to food insecurity for such individuals and their households through loss of wages and/or decreased agricultural production. (7) People caring for HIV-infected persons are often less productive because of the demands of caring for those persons, which in turn can lead to food insecurity for the infected person and the entire household. (8) Adequate nutrition can extend the time that people infected with HIV are able to work and be productive. (9) Food insecurity is often cited by people living with HIV/AIDS as their number one concern. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) malnutrition, especially for people living with and affected by HIV/AIDS, is a clinical health issue with wider nutrition, health, and social implications for HIV-infected individuals, their families, and communities that must be addressed by United States HIV/AIDS prevention, care, treatment, and support programs; (2) international guidelines established by the World Health Organization should serve as the reference standard for HIV/AIDS food and nutrition activities supported by the President's Emergency Plan for AIDS Relief (PEPFAR); (3) the Coordinator of United States Government Activities to Combat HIV/AIDS Globally (commonly known as the ``Global AIDS Coordinator'') should make it a priority to work with other United States Government departments and agencies, donors, and multilateral institutions to increase the integration of food and nutrition support and livelihood activities into prevention, care, and treatment activities funded by the United States and other governments and organizations; (4) for the purposes of determining which HIV-infected individuals should be provided with nutrition and food support, a patient with a body mass index of 18.5 or less should be considered ``malnourished'' and should be given priority for nutrition and food support; (5) programs funded by the United States Government should include therapeutic and supplementary feeding, food, and nutrition support and should include strong links to development programs that focus on support for livelihoods; and (6) the inability of HIV-infected individuals to access food for themselves or their families should not be allowed to impair or erode the therapeutic status of such individuals with respect to HIV or related comorbidities. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) address the food and nutrition needs of HIV-infected and affected individuals, including orphans and vulnerable children; (2) fully integrate food and nutrition support into care, treatment, and support programs carried out under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 22 U.S.C. 7601 et seq.); (3) ensure that-- (A) care, treatment, and support providers and healthcare workers are adequately trained such that they can provide accurate and informed information regarding food and nutrition support to patients enrolled in treatment and care programs and those affected by HIV; and (B) HIV-infected individuals identified as food insecure, as well as their households, are provided with adequate food and nutrition support; and (4) effectively link food and nutrition support to HIV- infected individuals and their households and communities provided under Public Law 108-25 to other food security and livelihood programs funded by the United States Government and other donors and multilateral agencies. SEC. 5. INTEGRATION OF FOOD SECURITY AND NUTRITION ACTIVITIES INTO HIV/ AIDS PREVENTION, CARE, TREATMENT, AND SUPPORT ACTIVITIES. Section 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 22 U.S.C. 7631) is amended by striking subsection (c) and inserting the following: ``(c) Integration of Food Security and Nutrition Activities Into Prevention, Care, Treatment, and Support Activities.-- ``(1) Statement of policy.--Congress declares that food security and nutrition directly impact a patient's vulnerability to HIV infection, the progression of HIV to AIDS, a patient's ability to begin an anti-retroviral medication treatment regimen, the efficacy of an anti-retroviral medication treatment regimen once a patient begins such a regimen, and the ability of communities to effectively cope with the HIV/AIDS epidemic and its impacts. ``(2) Requirements.--Consistent with the statement of policy in paragraph (1), the Global AIDS Coordinator shall-- ``(A) ensure that-- ``(i) an assessment, using validated criteria, of the food security and nutritional status of each patient enrolled in anti- retroviral medication treatment programs supported with funds authorized under this Act or any amendment made by this Act is carried out; and ``(ii) appropriate nutritional counseling is provided to each patient described in clause (i); ``(B) provide, as an essential component of anti- retroviral medication treatment programs supported with funds authorized under this Act or any amendment made by this Act, food and nutrition support to each HIV- infected individual who is determined to need such support by the assessing health professional, and the individual's household, for a period of not less than 180 days, either directly or through referral to an assistance program or organization with demonstrable ability to provide such support; ``(C) coordinate with the Administrator of the United States Agency for International Development, the Secretary of Agriculture, and heads of other relevant United States Government departments and agencies to-- ``(i) ensure that, in communities in which a significant proportion of HIV-infected individuals are in need of food and nutrition support, a status and needs assessment for such support employing validated criteria is conducted and a plan to provide such support is developed and implemented; ``(ii) improve and enhance coordination between food security and livelihood programs for HIV-infected individuals in focus countries and food security and livelihood programs that may already exist in those countries; ``(iii) establish effective linkages between the health and agricultural development and livelihoods sectors in order to enhance food security; and ``(iv) ensure, by providing increased resources if necessary, effective coordination between activities authorized under this Act or any amendment made by this Act and activities carried out under other provisions of the Foreign Assistance Act of 1961 when establishing new HIV/AIDS treatment sites; ``(D) develop effective, validated indicators which measure outcomes of nutrition and food security interventions carried out under this section and use such indicators to monitor and evaluate the effectiveness of such interventions; and ``(E) support and expand partnerships and linkages between United States colleges and universities with colleges and universities in focus countries in order to provide training and build indigenous human and institutional capacity and expertise to respond to HIV/ AIDS, and to improve capacity to address nutrition, food security and livelihood needs of HIV/AIDS-affected and impoverished communities. ``(3) Report.--Not later than 180 days after the date of the enactment of the Global HIV/AIDS Food Security and Nutrition Support Act of 2007, and annually thereafter, the Global AIDS Coordinator shall submit to Congress a report on the implementation of this subsection for the prior fiscal year. The report shall include a description of-- ``(A) the indicators described in paragraph (2)(D) and a description of the effectiveness of interventions carried out to improve the nutritional status of HIV- infected individuals; ``(B) the amount of funds provided for food and nutrition support for HIV-infected and affected individuals in the prior fiscal year and the projected amount of funds to be provided for such purpose for next fiscal year; and ``(C) a strategy for improving the linkage between assistance provided with funds authorized under this subsection and food security and livelihood programs under other provisions of law as well as activities funded by other donors and multilateral organizations. ``(4) Definitions.--In this subsection: ``(A) Focus countries.--The term `focus countries' means countries described in section 1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 1956 (as added by section 102(a) of this Act) and designated by the President pursuant to such section. ``(B) Global aids coordinator.--The term `Global AIDS Coordinator' means the Coordinator of United States Government Activities to Combat HIV/AIDS Globally (as described in section 1(f) of the State Department Basic Authorities Act of 1956 (as added by section 102(a) of this Act)). ``(5) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated to the Global AIDS Coordinator such sums as may be necessary for each of the fiscal years 2009 through 2014.''

Global HIV/AIDS Food Security and Nutrition Support Act of 2007 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to direct the Global AIDS Coordinator to: (1) ensure that an assessment of the food security and nutritional status of each patient enrolled in anti-retroviral medication treatment program is carried out; (2) provide food and nutrition support to each HIV-infected individual and his or her household for at least 180 days; (3) coordinate activities with the United States Agency for International Development (USAID), the Secretary of Agriculture, and other relevant U.S. government departments and agencies; (4) develop indicators to measure the effectiveness of nutrition and food security interventions; and (5) support linkages between U.S. colleges and universities with colleges and universities in focus countries in order to provide training and build indigenous capacity to respond to HIV/AIDS and to improve capacity to address nutrition and livelihood needs of HIV/AIDS-affected and impoverished communities.

To amend the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to provide for the integration of food security and nutrition activities into prevention, care, treatment, and support activities.

SECTION 1. EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT. (a) Elimination of First-Time Homebuyer Requirement.-- (1) In general.--Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (2) Conforming amendments.-- (A) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (B) Section 36 of such Code is amended by striking ``first-time homebuyer credit'' in the heading and inserting ``home purchase credit''. (C) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: ``Sec. 36. Home purchase credit.''. (D) Subparagraph (W) of section 26(b)(2) of such Code is amended by striking ``homebuyer credit'' and inserting ``home purchase credit''. (b) Elimination of Recapture Except for Homes Sold Within 3 Years.--Subsection (f) of section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 36 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 36-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (c) Modification of Credit Amount.-- (1) In general.--Subparagraph (A) of section 36(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``$8,000'' and inserting ``the amount that is 3.5 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), including any increase in the limitation for an area determined to be a high-cost area under such section, with respect to the purchase of the qualified principal residence''. (2) Conforming amendments.--Paragraph (1) of section 36(b) of such Code is amended-- (A) by striking ``$4,000'' in subparagraph (B) and inserting ``1.75 percent'', (B) by striking ``$8,000'' in subparagraph (B) and inserting ``3.5 percent'', and (C) by striking ``$8,000'' in subparagraph (C) and inserting ``the amount described in subparagraph (A)''. (d) Modification of Income Limitation.--Subclause (II) of section 36(b)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``$75,000 ($150,000 in the case of a joint return)'' and inserting ``$125,000 ($250,000 in the case of a joint return)''. (e) Availability of Credit for Transfer.--Section 36 of the Internal Revenue Code of 1986 is amended by redesignating subsections (g) and (h), as amended by this section, as subsections (h) and (i), respectively, and by inserting after subsection (f) the following new subsection: ``(g) Transfer of Credit.-- ``(1) In general.--A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of-- ``(A) the downpayment of any portion of the purchase price of the principal residence, ``(B) mortgage, flood, and hazard insurance premiums in connection with the purchase and paid at or before closing, ``(C) interest on any debt incurred to purchase the residence, ``(D) State and local real property taxes paid in connection with the purchase, and ``(E) funding fees paid to the Department of Veterans Affairs in connection with the purchase. ``(2) Credit transfer mechanism.-- ``(A) In general.--Not less than 60 days after the date of the enactment of this subsection, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to-- ``(i) certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, ``(ii) certify the credit transfer amount which will be paid to the transferee, and ``(iii) require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. For purposes of determining the credit transfer amount under clause (ii), the Secretary may estimate the taxpayer's modified adjusted gross income for the taxable year (as described in subsection (b)(2)) based on the taxpayer's modified adjusted gross income (as so described) for the preceding taxable year. ``(B) Timely receipt.--The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. ``(3) Payment of interest.-- ``(A) In general.--Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). ``(B) Amount of interest.--Interest under subparagraph (A) shall be allowed and paid-- ``(i) from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and ``(ii) at the overpayment rate established under section 6621. ``(C) Exception.--This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. ``(4) Recapture of transfer amount.--If the credit transfer amount paid to the transferee exceeds the amount of the credit allowable under subsection (a) to the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year shall be increased by the amount of such excess. ``(5) Effect on legal rights and obligations.--Nothing in this subsection shall be construed to-- ``(A) require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or ``(B) prevent a lender from altering the terms of a loan (including the rate, points, fees, and other costs) due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.''. (f) Effective Date.--The amendments made by this section shall apply to residences purchased on or after December 31, 2008, in taxable years ending on or after such date.

Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement (thus making such credit available to all homebuyers); (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within 36 months of purchase; (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate; (4) modifying the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount; and (5) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence.

To amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing the Stature and Visibility of Medical Rehabilitation Research at NIH Act''. SEC. 2. IMPROVING MEDICAL REHABILITATION RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH. Section 452 of the Public Health Service Act (42 U.S.C. 285g-4) is amended-- (1) in subsection (b), by striking ``conduct and support'' and inserting ``conduct, support, and coordination''; (2) in subsection (c)(1)(C), by striking ``of the Center'' and inserting ``within the Center''; (3) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) The Director of the Center, on behalf of the Director of NIH and the Director of the Institute and in consultation with the coordinating committee established under subsection (e) and the advisory board established under subsection (f), shall develop a comprehensive plan (referred to in this section as the `Research Plan') for the conduct, support, and coordination of medical rehabilitation research.''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``and priorities for such research; and'' and inserting ``priorities for such research, and existing resources to support the purpose described in subsection (b);''; (ii) in subparagraph (B), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(C) include objectives, benchmarks, and guiding principles for conducting, supporting, and coordinating medical rehabilitation research, consistent with the purpose described in subsection (b).''; (C) in paragraph (4)-- (i) by striking the first sentence and inserting the following: ``The Director of the Center, in consultation with the Director of the Institute, the coordinating committee established under subsection (e), and the advisory board established under subsection (f), shall periodically, or not less than every 5 years, revise and update the Research Plan, as appropriate. Not later than 30 days after the Research Plan is so revised and updated, the Director of the Center shall transmit the revised and updated Research Plan to the President and the appropriate committees of Congress.''; and (D) by adding at the end the following: ``(5) The Director of the Center, in consultation with the Director of the Institute, shall annually prepare a report for the coordinating committee established under subsection (e) and the advisory board established under subsection (f) that describes and analyzes the progress during the preceding fiscal year in achieving the objectives, benchmarks, and guiding principles described in paragraph (2)(C) and includes expenditures of the Center and other agencies of the National Institutes of Health for carrying out the Research Plan. The report shall include recommendations for revising and updating the Research Plan, and such initiatives as the Director of the Center and the Director of the Institute determine appropriate. In preparing the report, the Director of the Center and the Director of the Institute shall consult with the Director of NIH, and the report shall reflect an assessment of the Research Plan by the Director of NIH.''; (4) in subsection (e)-- (A) in paragraph (2), by inserting ``periodically, or not less than every 5 years, host a scientific conference or workshop on medical rehabilitation research and'' after ``The Coordinating Committee shall''; (B) in paragraph (3), by inserting ``the Director of the Division of Program Coordination, Planning, and Strategic Initiatives within the Office of the Director of NIH,'' after ``shall be composed of''; and (C) in paragraph (4), by striking ``Director of the Center'' and inserting ``Director of the Center, acting in the capacity of a designee of the Director of NIH''; (5) in subsection (f)(3)(B), by adding at the end the following: ``(xii) The Director of the Division of Program Coordination, Planning, and Strategic Initiatives.''; and (6) by adding at the end the following: ``(g) The Director of the Center, in consultation with the Director of the Institute, the Coordinating Committee, and the Advisory Board, shall develop guidelines governing the funding for medical rehabilitation research by the Center and other agencies of the National Institutes of Health. At a minimum, such guidelines shall reflect the purpose of the Center described in subsection (b) and be consistent with the Research Plan. ``(h)(1) The Secretary and the heads of other Federal agencies shall jointly review the programs carried out (or proposed to be carried out) by each such official with respect to medical rehabilitation research and, as appropriate, enter into agreements preventing duplication among such programs. ``(2) The Secretary shall enter into inter-agency agreements relating to the coordination of medical rehabilitation research conducted by agencies of the National Institutes of Health and other agencies of the Federal Government. ``(i) For purposes of this section, the term `medical rehabilitation research' means the science of mechanisms and interventions that prevent, improve, restore, or replace lost, underdeveloped, or deteriorating function (defined at the level of impairment, activity, and participation, according to the World Health Organization in the International Classification of Functioning, Disability and Health (2001)).''. SEC. 3. REQUIREMENTS OF CERTAIN AGREEMENTS FOR ENHANCING COORDINATION AND PREVENTING DUPLICATIVE PROGRAMS OF MEDICAL REHABILITATION RESEARCH. Section 3 of the National Institutes of Health Amendments of 1990 (42 U.S.C. 285g-4 note) is amended-- (1) in subsection (a), by striking ``(a) In General.--''; and (2) by striking subsection (b).

Enhancing the Stature and Visibility of Medical Rehabilitation Research at NIH Act This bill amends the Public Health Service Act to revise requirements for medical rehabilitation research. The purpose of the National Center for Medical Rehabilitation Research (NCMRR) is revised to include coordination of research and research training. The NCMRR must develop and periodically update a comprehensive research plan for medical rehabilitation research. Currently, this research plan is developed and updated by the Eunice Kennedy Shriver National Institute of Child Health and Human Development. The NCMRR must: (1) annually report on progress in achieving the objectives, benchmarks, and guiding principles described in the research plan; and (2) develop guidelines governing the funding for medical rehabilitation research by the National Institutes of Health. The Medical Rehabilitation Coordinating Committee must periodically host a scientific conference or workshop on medical rehabilitation research. The Department of Health and Human Services must enter into interagency agreements to coordinate medical rehabilitation research.

Enhancing the Stature and Visibility of Medical Rehabilitation Research at NIH Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haqqani Network Terrorist Designation Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF CONGRESS. (a) Findings.--Congress finds the following: (1) A report of the Congressional Research Service on relations between the United States and Pakistan states that ``[t]he terrorist network led by Jalaluddin Haqqani and his son Sirajuddin, based in the FATA, is commonly identified as the most dangerous of Afghan insurgent groups battling U.S.-led forces in eastern Afghanistan.''. (2) The report further states that, in mid-2011, the Haqqanis undertook several high-visibility attacks in Afghanistan. (3) A late June 2011 assault on the Intercontinental Hotel in Kabul by eight Haqqani gunmen and suicide bombers left 18 people dead. (4) On September 10, 2011, a truck bomb attack on a United States military base by Haqqani fighters in the Wardak province injured 77 United States troops and killed five Afghans. (5) The September 13, 2011, attack on the United States Embassy compound in Kabul involved an assault that sparked a 20-hour-long gun battle and left 16 Afghans dead, five police officers and at least six children among them. (6) The report further states that ``U.S. and Afghan officials concluded the Embassy attackers were members of the Haqqani network.''. (7) General John Allen, Commander, United States Forces Afghanistan, has stated that the Haqqanis are responsible for the deaths of hundreds of United States and coalition service members, and is responsible for planning and conducting high- profile attacks against United States interests, including the deadly assault on the Capital, Kabul in April 2012. (8) In September 22, 2011, testimony before the Committee on Armed Services of the Senate, Chairman of the Joint Chiefs of Staff Admiral Mullen stated that ``[t]he Haqqani network, for one, acts as a veritable arm of Pakistan's Inter-Services Intelligence agency. With ISI support, Haqqani operatives plan and conducted that [September 13] truck bomb attack, as well as the assault on our embassy. We also have credible evidence they were behind the June 28th attack on the Intercontinental Hotel in Kabul and a host of other smaller but effective operations.''. (9) In October 27, 2011, testimony before the Committee on Foreign Affairs of the House of Representatives, Secretary of State Hillary Clinton stated that ``I think everyone agrees that the Haqqani Network has safe havens inside Pakistan; that those safe havens give them a place to plan and direct operations that kill Afghans and Americans.''. (10) On November 1, 2011, the United States Government added Haji Mali Kahn to a list of specially designated global terrorists under Executive Order 13224. (11) The Department of State described Haji Mali Khan as ``a Haqqani Network commander'' who has ``overseen hundreds of fighters, and has instructed his subordinates to conduct terrorist acts.''. (12) The designation continued, ``Mali Khan has provided support and logistics to the Haqqani Network, and has been involved in the planning and execution of attacks in Afghanistan against civilians, coalition forces, and Afghan police.''. (13) According to Jason Blazakis, the chief of the Terrorist Designations Unit of the Department of State, Haji Mali Khan also has links to al-Qaeda. (14) Five other top Haqqani Network leaders have been placed on the list of specially designated global terrorists under Executive Order 13224 since 2008, and three of them have been so placed in the last year. (15) Sirajuddin Haqqani, the overall leader of the Haqqani Network as well as the leader of the Taliban's Mira shah Regional Military Shura, was designated by the Secretary of State as a terrorist in March 2008, and in March 2009, the Secretary of State put out a bounty of $5,000,000 for information leading to his capture. (16) The other four individuals so designated are Nasiruddin Haqqani, Khalil al Rahman Haqqani, Badruddin Haqqani, and Mullah Sangeen Zadran. (b) Sense of Congress.--It is the sense of Congress that the Secretary of State should designate the Haqqani Network as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (c) Statement of Congress.--Congress encourages continued and thorough cooperation between the Secretary of State and the intelligence community regarding the Haqqani Network. SEC. 3. REPORT ON HAQQANI NETWORK. (a) In General.--Not later than 30 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees-- (1) a detailed report on whether the Haqqani Network meets the criteria for designation as a foreign terrorist organization as specified in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) if the Secretary determines that the Haqqani Network does not meet such criteria, a detailed justification as to which of such criteria have not been met. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (d) Rule of Construction.--Nothing in this section may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside the international boundaries of Pakistan.

Haqqani Network Terrorist Designation Act of 2012 - Requires the Secretary of State to report to Congress on whether the Haqqani Network (an insurgent network operating in Pakistan and Afghanistan) meets the criteria for designation as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside its boundaries.

To require a report by the Secretary of State on whether the Haqqani Network meets the criteria for designation as a foreign terrorist organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eva M. Clayton Fellows Program Act''. SEC. 2. EVA M. CLAYTON FELLOWS PROGRAM. (a) In General.--Subtitle I of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291 et seq.) is amended by adding at the end the following new section: ``SEC. 1459B. EVA M. CLAYTON FELLOWS PROGRAM. ``(a) Establishment.--The Secretary shall establish a fellowship program to be known as the `Eva M. Clayton Fellows Program' to provide for fellowships to conduct research and education on the eradication of world hunger and malnutrition in accordance with this section. ``(b) Fellows.-- ``(1) In general.--The Secretary shall select eligible faculty members to receive a fellowship to conduct research or education programs relating to the eradication of world hunger and malnutrition (in this section referred to as `Clayton Fellows'). ``(2) Term.--The term of a fellowship awarded under this subsection shall be two years. ``(3) Location of service.-- ``(A) First year of service.--During the first year of service under a fellowship awarded under this subsection, each Clayton Fellow shall serve at the qualified institution at which the Clayton Fellow is a faculty member. ``(B) Second year of service.--During the second year of service under a fellowship awarded under this subsection, each Clayton Fellow-- ``(i) may, if a fellowship position is made available pursuant to subsection (d), serve at the Food and Agriculture Organization of the United Nations; or ``(ii) shall, if such position is not made available, continue to serve as described in subparagraph (A). ``(C) Travel.--During the term of service under a fellowship awarded under this subsection, a Clayton Fellow may travel as necessary to conduct work on the eradication of world hunger and malnutrition. ``(4) Application.--An eligible faculty member seeking a fellowship under this subsection shall submit to the Secretary an application that contains-- ``(A) a resume or curriculum vitae that includes information on the expertise, education, and training of such faculty member; ``(B) a description of the research or education programs the faculty member intends to conduct while serving as a Clayton Fellow; ``(C) a certification that the qualified institution at which the eligible faculty member is a faculty member has agreed to maintain the faculty status, benefits, and faculty position of the eligible faculty member during and after the return of the eligible faculty member to the qualified institution from the fellowship program established under subsection (a); and ``(D) such other information as the Secretary may require. ``(5) Selection.--In selecting eligible faculty members to serve as Clayton Fellows, the Secretary may give priority to eligible faculty members at land-grant colleges and universities. ``(6) Report.--Not later than 30 days after the date on which a Clayton Fellow completes a year of service under a fellowship awarded under this subsection, each Clayton Fellow shall submit to the Secretary a report containing-- ``(A) a description of the research and education programs conducted by the Clayton Fellow during the preceding year of service, including the purpose and results of such research or education programs; ``(B) a self-assessment of the effectiveness of the research or education programs conducted by the Clayton Fellow during such year; ``(C) an evaluation of each Fellow Protege who provided assistance to the Clayton Fellow during such year; ``(D) a description of best practices for the eradication of world hunger and malnutrition and a proposal to teach such practices at the qualified institution at which the Clayton Fellow is a faculty member upon completion of the fellowship awarded under this subsection; and ``(E) such other information as the Secretary may require. ``(7) Submission of evaluation to peace corps.--Each Clayton Fellow shall submit to the Master's International program of the Peace Corps a copy of the evaluation submitted to the Secretary under paragraph (6)(C). ``(8) Termination.--The Secretary may terminate a fellowship awarded under this subsection at any time during the fellowship. ``(c) Fellow Proteges.-- ``(1) In general.--Each Clayton Fellow shall select at least one eligible student to assist such Clayton Fellow in conducting research or education programs on the eradication of world hunger and malnutrition (in this section referred to as a `Fellow Protege'). ``(2) Location of service.-- ``(A) In general.--Each Fellow Protege shall provide assistance to a Clayton Fellow-- ``(i) in the country or region that is the subject of the work of the Clayton Fellow relating to the eradication of world hunger and malnutrition; or ``(ii) if the Clayton Fellow is serving at the Food and Agriculture Organization of the United Nations, at the Food and Agriculture Organization. ``(B) Travel.--A Fellow Protege may travel as necessary to provide assistance to a Clayton Fellow during the term of assistance of such Protege. ``(3) Application.--Each eligible student seeking to assist a Clayton Fellow under this subsection shall submit to a Clayton Fellow an application that contains-- ``(A) documentation proving that the student-- ``(i) has permission from the Master's International program of the Peace Corps to provide assistance to a Clayton Fellow in accordance with this section; and ``(ii) is eligible to serve as a Fellow Protege under this subsection, including proof of enrollment and good academic standing; ``(B) an explanation of how the academic work of the student relates to the work of the fellowship program established under subsection (a); ``(C) an academic transcript; and ``(D) such other information as the Clayton Fellow may require. ``(4) Selection of fellow proteges.--In selecting eligible students to serve as Fellow Proteges, a Clayton Fellow-- ``(A) shall consult with the Secretary; and ``(B) may give priority to students enrolled at land-grant colleges and universities. ``(5) Report.--Not later than 30 days after the date on which a Fellow Protege completes a term of assistance under this subsection, each Fellow Protege shall submit to the Secretary a report containing-- ``(A) a description of the type and extent of the assistance such Fellow Protege provided to a Clayton Fellow in conducting research or education programs on the eradication of world hunger and malnutrition during the preceding term of assistance as a Fellow Protege; ``(B) a self-assessment of the effectiveness of such assistance; ``(C) an evaluation of the Clayton Fellow for whom the Fellow Protege provided such assistance; ``(D) a description of best practices identified by such Fellow Protege for the eradication of world hunger and malnutrition; and ``(E) such other information as the Secretary may require. ``(6) Termination.--A Clayton Fellow may terminate the term of assistance of a Fellow Protege at any time during such term of assistance. ``(d) United Nations Food and Agriculture Organization.-- ``(1) Establishment of fellowship positions.--The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to urge the United Nations to establish within the Food and Agriculture Organization of the United Nations fellowship positions for Clayton Fellows to conduct research and education programs on the eradication of world hunger and malnutrition. ``(2) Consultation.--Upon the establishment of a fellowship position under paragraph (1), the Secretary shall consult with the Food and Agriculture Organization of the United Nations with respect to the selection of Clayton Fellows. ``(e) Administration.-- ``(1) In general.--The Secretary shall award a grant to administer and implement the fellowship program established under subsection (a) to a nonprofit organization that-- ``(A) represents or is comprised of individuals associated with an institution of higher education specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and ``(B) is an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under such section. ``(2) Use of funds.--The organization awarded a grant under paragraph (1) may use grant funds only for the following purposes: ``(A) To provide for each Clayton Fellow and each Fellow Protege payment for expenses related to conducting work on the eradication of world hunger and malnutrition under the fellowship established under subsection (a), including-- ``(i) housing or accommodations; and ``(ii) travel. ``(B) To provide on behalf of each Fellow Protege at the end of the term of assistance of such Protege in an amount that is proportionate to such term of assistance-- ``(i) scholarship assistance in the form of a direct lump-sum payment to the qualified institution at which such Protege is enrolled; or ``(ii) if such Protege graduates from the qualified institution upon completion of the term of assistance as a Fellow Protege, loan repayment assistance for loans made, insured, or guaranteed under part B, or made under part D or E, of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.) for which such Protege is the borrower, in the form of a direct lump-sum payment-- ``(I) in the case of a loan made, insured, or guaranteed under part B of such Act, to the holder of the loan; ``(II) in the case of a loan made under part D of such Act, to the Secretary of Education; and ``(III) in the case of a loan made under part E of such Act, to the institution of higher education making such loan. ``(C) To pay the costs of administering the fellowship program established under subsection (a). ``(3) Annual assessment.-- ``(A) Annual assessment.--The organization awarded a grant under paragraph (1) or this paragraph shall annually submit to the Secretary an assessment of the fellowship program established under subsection (a) that contains-- ``(i) a description of the use of the funds received by the organization under this section during the preceding year of such fellowship program; ``(ii) an assessment by the organization of the effectiveness of the activities carried out using such funds; ``(iii) information regarding the application of any funds provided by non- Federal sources during such year; ``(iv) a description of the best practices identified by the organization for future fellowship programs to be carried out by the Secretary; and ``(v) such other information as the Secretary may require. ``(B) In general.--If after reviewing the annual assessment described in subparagraph (A), the Secretary determines that the organization awarded a grant under paragraph (1) or this paragraph did not administer and implement the fellowship program established under subsection (a) in accordance with this section, the Secretary may-- ``(i) revoke or suspend funding for such grant, in whole or in part; ``(ii) accept applications from other eligible entities to administer and implement the fellowship program established under subsection (a); and ``(iii) transfer funding revoked or suspended under clause (i) to the eligible entity the Secretary selects after reviewing applications submitted under clause (ii). ``(f) Definitions.--In this section: ``(1) Eligible faculty member.--The term `eligible faculty member' means an individual who is a faculty member of a qualified institution. ``(2) Eligible student.--The term `eligible student' is a student who is-- ``(A) enrolled in the Master's International program of the Peace Corps; ``(B) enrolled and in good academic standing at a qualified institution; and ``(C) pursuing a master's or other graduate degree in an area of study related to the eradication of world hunger and malnutrition. ``(3) Qualified institution.--The term `qualified institution' means-- ``(A) an institution of higher education specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or ``(B) a land-grant college or university. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2012 through 2018.''. (b) Submission of Initial Assessment.--The first assessment required under subsection (f) of section 1459B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (as added by subsection (a) of this section) shall be submitted not later than 30 days after the date on which the first year of service of the first fellowship awarded under such section ends (as determined by the Secretary of Agriculture).

Eva M. Clayton Fellows Program Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to require the Secretary of Agriculture (USDA) to establish the Eva M. Clayton Fellows Program to provide for fellowships to conduct research and education on the eradication of world hunger and malnutrition. Requires the President to use U.S. influence at the United Nations (U.N.) to urge the creation within the Food and Agriculture Organization of fellowship positions for Clayton Fellows to conduct research and education programs on the eradication of world hunger and malnutrition.

To direct the Secretary of Agriculture to establish the Eva M. Clayton Fellows Program to provide for fellowships to conduct research and education on the eradication of world hunger and malnutrition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Give a Kid a Chance Omnibus Mental Health Services Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) At least one in five children and adolescents has a diagnosable mental, emotional, or behavioral problem that can lead to school failure, alcohol or other drug use, violence, or suicide. Mental disorders that begin early in life have a strong effect on future educational success. Adolescent emotional problems may increase the likelihood of risk-taking behaviors, including gun violence, drug abuse, reckless driving, and early sexual activity. (2) From a public health promotion/disease prevention perspective, it is noteworthy that children and adolescents with mental illnesses often don't become substance abusers until 5 to 10 years after the mental illness becomes apparent. This creates a window of opportunity during which time it may be possible to prevent substance abuse from occurring in these children. (3) The interaction of multiple factors has increased the overall number of children suffering from psychological, emotional and behavioral disorders. Children as a group suffer from poverty at a higher rate than all other age groups. More than one in three children are raised in single-parent households. Children over the age of 10 years are frequently caring for themselves after school and sometimes into the evening before their parents or other caregivers arrive. These factors create greater problems with children's emotional development. (4) The combination of witnessing and experiencing traumatic events, poverty, alienation, and multiple environmental and family factors including abuse and neglect, creates greater psychological neglect and social isolation, further contributing to various mental health problems. The combination of these factors in an emotionally unhealthy climate combined with the availability of firearms can produce deadly results. (5) In many urban, poor and predominantly minority communities, young children are chronically exposed to serious violent crime during their formative years. It is the recent school violence in suburban and rural communities that has increased awareness about the prevalence of violence in the lives of America's children. Increasingly, in the home, community and at school, children are affected by or involved in theft, vandalism, bullying, intimidation, intolerance, and disruption. (6) While the above behaviors are symptomatic of mental health problems requiring service interventions, most children with mental health problems are not violent to others. They are more likely than their peers to be the recipients of intimidation and violence, and are the largest, most neglected group of children suffering from serious illness or disability. (7) Only one in five children with a serious emotional disturbance receive mental health specialty services, although twice as many such children receive some form of mental health intervention. Thus, about 75 to 80 percent fail to receive specialty services, and the majority of these children fail to receive any services at all. (8) Mental health is indispensable to personal well-being, family and interpersonal relationships, and contribution to community or society. From early childhood until death, mental health is the basis for thinking and communication skills, learning, emotional growth, resilience, and self-esteem. (9) Mental, emotional, and behavioral disorders lead to irregular school attendance, difficulty with concentration, focus, and motivation to learn basic academic fundamentals. (10) Prevention programs, early intervention, help from the faith-based community, and mental health services in the family, school, and community setting have proven successful and cost-effective using both school and community resources for reducing the neglected tragedy of mental, emotional and behavioral problems among youth. (11) Mental health services personnel can provide consultation with teachers to improve classroom environment and provide guidance around specific children. Consulting with parents, they enable teachers and families to work together, increasing the family's involvement in their child's academic performance and psychosocial development. (12) The lack of mental health services in schools and communities where the greatest need exists has resulted in a disproportionate increase in children dropping out of school, becoming involved in delinquent activity, and becoming part of the juvenile and adult criminal justice systems. In fact, because of the lack of intervention and mental health services, more children are being certified to be tried as adults and are being subjected to incarceration in the juvenile or adult criminal justice systems. These issues impact especially minority populations and those living in poverty. (13) Little effort has previously been directed toward promoting the development of mental health, recognizing signs of early problems and providing early intervention to ameliorate these problems. SEC. 3. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS AND THEIR FAMILIES. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 520A the following section: ``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS AND THEIR FAMILIES. ``(a) In General.--In cooperation with the Secretary of Education, the Secretary of Health and Human Services shall support either directly or through grants, contracts or cooperative agreements with public entities programs to promote mental health among all children, from birth through adolescence, and their families and to provide early intervention services to ameliorate identified mental health problems in children and adolescents. ``(b) Equitable Distribution of Grants.--The Secretary shall provide for an equitable distribution of grants by region, to include urban, suburban and rural regions, including Native American communities. ``(c) Priority.--The Secretary shall give priority to those applicants who-- ``(1) provide a comprehensive, community-based, culturally competent and developmentally appropriate prevention and early intervention program that provides for the identification of early mental health problems and promotes the mental health and enhances the resiliency of children from birth through adolescence and their families; ``(2) incorporate families, schools and communities in an integral role in the program; ``(3) coordinate behavioral health care services, interventions, and supports in traditional and non-traditional settings and provides a continuum of care for children from birth through adolescence and their families; ``(4) provide public health education to improve the public's understanding of healthy emotional development; ``(5) provide training, technical assistance, consultation, and support for community service providers, school personnel, families and children to promote healthy emotional development and enhance resiliency in children from birth through adolescence; ``(6) increase the resources available to such programs and provide for their sustainability by requiring a commitment on the part of local communities in which the programs provide services; ``(7) provide for the evaluation of programs operating under this section to ensure that they are providing intended services in an efficient and effective manner; and ``(8) provide school-based mental health assessment and treatment services conducted by a mental health professional (who may be a school counselor, school nurse, school psychologist, clinical psychologist, or school social worker) in public elementary or secondary schools. ``(d) Matching Requirement.--A condition for an award under subsection (a) is that the entity involved agree that the entity will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $2 for each $3 of Federal funds provided in the award. ``(e) Durations of Grants.--With respect to an award under subsection (a), the period during which payments under such award are made to the recipient may not exceed 5 years. ``(f) Evaluation.--The Secretary shall ensure that entities receiving awards under subsection (a) carry out an evaluation of the project which will include the effectiveness of program strategies, and short, intermediate, and long-term outcomes including the program's overall impact on strengthening families with young children and creating environments in home, school, and community settings that promote healthy emotional development and reduce incipient mental health and substance abuse problems. Local educational agencies receiving such grants shall ensure that the schools receiving these funds maintain an average ratio of one certified or licensed-- ``(1) school counselor for every 250 students; ``(2) school nurse for every 700 students; ``(3) school psychologist for every 1000 students; and ``(4) school social worker for every 800 students. ``(g) Definitions.--For purposes of this section: ``(1) The term `mental health' means a state of successful performance of mental function, resulting in productive activities, fulfilling relationships with other people, and the ability to adapt to change and cope with adversity. ``(2) The term `mental illness' refers to all diagnosable mental disorders (health conditions characterized by alterations in thinking, mood, or behavior or some combination thereof) associated with distress or impaired functioning or both. ``(3) The term `mental health problems' refers to symptoms of insufficient intensity or duration to meet the criteria for any mental disorder. ``(4)(A) The term `mental health professionals' refers to qualified counselors, nurses, psychologists, and social workers. ``(B) The terms `school counselor', `school nurse', `school psychologist', and `school social worker' mean an individual who possesses licensure or certification in the State involved, and who meets professional standards for practice in schools and related settings, as a school counselor, school nurse, school psychologist, or school social worker, respectively. ``(5) The term `public entity' means any State, any political subdivision of a State, including any local educational agency, and any Indian tribe or tribal organization (as defined in section 4(b) and section 4(c) of the Indian Self-Determination and Education Assistance Act). ``(h) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2002 and such sums as are necessary for fiscal years 2003 and 2004. These funds are authorized to be used to carry out the provision of this section and cannot be utilized to supplement or supplant funding provided for other mental health services programs.''.

Give a Kid a Chance Omnibus Mental Health Services Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to support, either directly or through grants, contracts, or cooperative agreements with public entities, programs to promote mental health among all children and their families and to provide early intervention services to ameliorate identified mental health problems in children and adolescents. Requires an equitable distribution of grant funds, including Native American communities. Outlines program priorities. Requires non-Federal matching funds of $2 for every $3 of Federal funding. Limits grant duration to five years. Requires the Secretary to ensure that entities receiving funds carry out a project evaluation which includes the effectiveness of program strategies in strengthening families with young children. Requires local educational agencies receiving such grants to ensure that schools receiving such funds maintain a certain ratio of students per counselor, nurse, psychologist, and social worker.Authorizes appropriations for FY 2002 through 2004.

To amend the Public Health Service Act with respect to mental health services for children, adolescents and their families.

SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``San Bernardino Biomass Use Facilitation Act''. (b) Purpose.--The purpose of this Act is to facilitate an exchange of land between the Federal Government and San Bernardino County, California, to make available to the County land for biomass utilization facilities, biomass recycling activities, and industrial resource recovery and recycling activities. SEC. 2. LAND EXCHANGE, SAN BERNARDINO NATIONAL FOREST, CALIFORNIA. (a) Definitions.--In this section: (1) County.--The term ``County'' means the County of San Bernardino, California. (2) Federal land.--The term ``Federal land'' means the land identified in subsection (c)(2), which is National Forest System land within the San Bernardino National Forest, California, available for exchange under this section. (3) Non-federal land.--The term ``non-Federal land'' means the land identified in subsection (c)(1), which is land owned by the County and available for exchange under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Land Exchange.--If the County conveys to the Secretary all right, title, and interest of the County in and to the non-Federal land described in subsection (c)(1), the Secretary shall convey and quitclaim to the County, in exchange for such non-Federal land, all right, title, and interest of the United States in and to the Federal land described in subsection (c)(2). The conveyance shall be made without further environmental analysis and shall be subject to any valid existing rights and such additional terms, conditions, and reservations as the Secretary may require. (c) Lands To Be Exchanged.-- (1) Non-federal land.--The non-Federal land to be exchanged are approximately 71 acres located in section 36, Township 3 North, Range 1 East, San Bernardino Meridian, as described by the County Assessor as parcel APN# 0447-071-11-0000. (2) Federal land.--The Federal land to be exchanged are approximately 53 acres located in section 31, Township 3 North, Range 2 East, San Bernardino Meridian. (d) Maps and Correction Authority.--The Federal land and non- Federal land are generally described on maps entitled ``Doble expansion-County of San Bernardino'' and dated June 10, 2005, which shall be on file and available for public inspection in the Offices of the Chief of the Forest Service and of the Supervisor of San Bernardino National Forest until such time as the lands are conveyed. The County and the Secretary may by mutual agreement make adjustments in the descriptions of the Federal land and non-Federal land to be exchanged. (e) Timing.--It is the intent of Congress that the land exchange under this section be completed not later than one year after the date of the enactment of this Act. (f) Valuation.--The Federal land and non-Federal land shall be valued through an appraisal done in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions. (g) Equal Value and Cash Equalization.-- (1) Equal value exchange.--The land exchange under this section shall be for equal value, or the values shall be equalized by a cash payment as provided for under this subsection. (2) Cash equalization payment.--The County or the Secretary, as appropriate, may equalize the values of the lands to be exchanged under this section by cash payment without regard to any statutory limit on the amount of such a cash equalization payment. (3) Deposit and use of funds received from county.--Any cash equalization payment received by the Secretary under this subsection shall be deposited in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act). The funds so deposited shall remain available to the Secretary, until expended, for the acquisition of lands, waters, and interests in land for the San Bernardino National Forest. (4) Source of funds for payment by secretary.--If the Secretary will make a cash equalization payment to the County under this subsection, the Secretary may use funds available from the Land and Water Conservation Fund, the Act of June 15, 1938 (Chapter 438; 52 Stat. 699, commonly known as the Receipts Act of 1938), or capital improvement funds. (h) Land Title and Survey Standards.--Title to the non-Federal land shall conform with the title approval standards of the Attorney General applicable to Federal land acquisitions and shall otherwise be acceptable to the Secretary. Before completing the exchange, the Secretary shall inspect the non-Federal lands to assure that the land meets Federal standards, including hazardous materials and land line surveys. (i) Implementation Costs.--The costs of implementing the land exchange under this section shall be shared equally by the Secretary and the County, except that with respect to the Federal land conveyed to the County, the County shall also pay for the costs of survey, monumenting the property lines, and recording deeds of conveyance, as well as any costs incurred with the issuance of easements by the Secretary for existing uses on the Federal land. (j) Management of Acquired Lands.--The Secretary shall manage the non-Federal land acquired under this section in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks Act) and other laws and regulations pertaining to National Forest System. (k) Pacific Crest National Scenic Trail Relocation.--Before completing the land exchange under this section, the Secretary shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land to adjacent National Forest System land. The trail relocation shall be conducted without further environmental analysis.

San Bernardino Biomass Use Facilitation Act - Directs the Secretary of Agriculture to convey certain National Forest System (NFS) land in the San Bernardino National Forest, California, in exchange for the conveyance of certain non-federal land by the County of San Bernardino to the Secretary for the purpose of making available to the county land for biomass utilization facilities, biomass recycling activities, and industrial resource recovery and recycling activities. Requires the Secretary, before completing such land exchange, to relocate the portion of the Pacific Crest National Scenic Trail located on the federal land to adjacent NFS land.

To provide for an exchange of lands with San Bernardino County, California, to enhance management of lands within the San Bernardino National Forest, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Merger Reform and Customer Protection Act''. SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW. Section 11324(c) of title 49, United States Code, is amended by striking ``public interest. The Board'' and inserting ``public interest, except that no transaction shall be approved and authorized under this section unless the Board finds that the transaction-- ``(1) will not reduce competitive rail routes available to current railroad customers; ``(2) will provide additional rail to rail competition and competitive options for railroad customers; ``(3) will improve service to customers; and ``(4) is in conformity with the antitrust laws. The Board shall consult with the Attorney General, and may not make a finding under paragraph (4) unless the Attorney General agrees with the finding. The Board''. SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION. (a) Amendments.--Section 10501(b) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Application of the antitrust laws pursuant to the previous sentence shall not limit or affect the availability of remedies under this part'' after ``is exclusive''; and (2) by inserting ``other than the antitrust laws'' after ``Federal or State law''. (b) Effect of Prior Orders.--Section 10501 of title 49, United States Code, is further amended by adding at the end the following new subsection: ``(d) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges-- ``(1) which have been issued, made, granted, or allowed to become effective by any agency or official thereof pursuant to chapter 113, or any predecessor statutory provisions, or by a court of competent jurisdiction; and ``(2) which are in effect as of the date of the enactment of the Rail Merger Reform and Customer Protection Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the agency, official, or court.''. (c) Definition.--Section 10102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition;''. SEC. 4. RATE AGREEMENTS. (a) Amendments.--Section 10706 of title 49, United States Code, is amended-- (1) in the section heading, by striking ``: exemption from antitrust laws''; (2) in subsection (a)(2)(A), by striking ``, and the Sherman Act'' and all that follows through ``carrying out the agreement''; (3) in subsection (a)(3)(B)(ii), by striking ``a Federal law cited in subsection (a)(2)(A) of this section'' and inserting ``the antitrust laws''; (4) by striking the second sentence of subsection (a)(4); (5) in subsection (a)(5)(A), by striking ``, and the antitrust laws'' and all that follows through ``carrying out the agreement''; (6) by striking the second sentence of subsection (d); and (7) by striking subsection (e). (b) Conforming Amendment.--The table of sections for chapter 107 of title 49, United States Code, is amended by striking ``: exemption from antitrust laws'' in the item relating to section 10706. SEC. 5. SCOPE OF AUTHORITY. Section 11321(a) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws'' after ``is exclusive''; (2) by striking ``the antitrust laws and from''; and (3) by inserting ``except for the antitrust laws,'' after ``and municipal law,''. SEC. 6. ELECTION OF REMEDIES. Section 11701 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(d) A person proceeding against a rail carrier pursuant to subsection (b) may not proceed against the same rail carrier pursuant to other Federal or State law, and a person proceeding against a rail carrier under other Federal or State law may not proceed against a rail carrier pursuant to subsection (b), with respect to the same claim.''. SEC. 7. CLAYTON ACT AMENDMENTS. The Clayton Act is amended-- (1) in section 7 (15 U.S.C. 18)-- (A) by striking ``Nor shall anything herein'' and all that follows through ``therein is so acquired.''; and (B) by striking ``Surface Transportation Board,''; (2) in section 11 (15 U.S.C. 21), by striking ``in the Surface Transportation Board where applicable to common carriers subject to jurisdiction under subtitle IV of title 49, United States Code;''; and (3) in section 16 (15 U.S.C. 26), by striking ``: Provided, That nothing'' and all that follows through ``title 49, United States Code''.

Rail Merger Reform and Customer Protection Act - Amends Federal transportation law to condition the Surface Transportation Board's approval of any rail carrier consolidation, merger, or acquisition of control upon a finding that the transaction: (1) will not reduce competitive rail routes available to current railroad customers; (2) will provide additional rail to rail competition and competitive options for railroad customers; (3) will improve service to customers; and (4) is in conformity with the antitrust laws.Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws.Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act (thus subjecting such agreements to Federal antitrust laws). Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements.Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa.Amends the Clayton Act to conform with this Act.

To strengthen the standards by which the Surface Transportation Board reviews railroad mergers, and to apply the Federal antitrust laws to rail carriers and railroad transportation.

SECTION 1. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALIFORNIA. (a) In General.--Except as provided in subsection (c), the Secretary of Commerce shall convey to the Board of Trustees of the California State University, by suitable instrument, in accordance with this section, by as soon as practicable, but not later than 120 days after the date of the enactment of this Act, and without consideration, all right, title, and interest of the United States in the balance of the National Oceanic and Atmospheric Administration property known as the Tiburon Laboratory, located in Tiburon, California, as described in Exhibit A of the notarized, revocable license between the Administration and Romberg Tiburon Center for Environmental Studies at San Francisco State University dated November 5, 2001 (license number 01ABF779-N). (b) Conditions.--As a condition of any conveyance by the Secretary under this section the Secretary shall require the following: (1) The property conveyed shall be administered by the Romberg Tiburon Center for Environmental Studies at San Francisco State University and used only for the following purposes: (A) To enhance estuarine scientific research and estuary restoration activities within San Francisco Bay. (B) To administer and coordinate management activities at the San Francisco Bay National Estuarine Research Reserve. (C) To conduct education and interpretation and outreach activities to enhance public awareness and appreciation of estuary resources, and for other purposes. (2) The Board shall-- (A) take title to the property as is; (B) assume full responsibility for all facility maintenance and repair, security, fire prevention, utilities, signs, and grounds maintenance; (C) allow the Secretary to have all necessary ingress and egress over the property of the Board to access Department of Commerce building and related facilities, equipment, improvements, modifications, and alterations; and (D) not erect or allow to be erected any structure or structures or obstruction of whatever kind that will interfere with the access to or operation of property retained for the United States under subsection (c)(1), unless prior written consent has been provided by the Secretary to the Board. (c) Retained Interests.--The Secretary shall retain for the United States-- (1) all right, title, and interest in and to the portion of the property referred to in subsection (a) comprising Building 86, identified as Parcel C on Exhibit A of the license referred to in subsection (a), including all facilities, equipment, fixtures, improvements, modifications, or alterations made by the Secretary; (2) rights-of-way that are determined by the Secretary to be reasonable and convenient to ensure all necessary ingress and egress for Federal personnel or contractors to access the property retained under paragraph (1), including access to the existing boat launch ramp (or equivalent) and parking that is suitable to the Secretary; (3) the exclusive right to install, maintain, repair, replace, and remove its facilities, fixtures, and equipment on the retained property, and to authorize other persons to take any such action; (4) the right to grade, condition, and install drainage facilities, and to seed soil on the retained property, if necessary; and (5) the right to remove all obstructions from the retained property that may constitute a hindrance to the establishment and maintenance of the retained property. (d) Equivalent Alternative.-- (1) In general.--At any time, either the Secretary or the Board may request of each other to enter into negotiations pursuant to which the Board may convey if appropriate to the United States, in exchange for property conveyed by the United States under subsection (a), another building that is equivalent to the property retained under subsection (c) that is acceptable to the Secretary. (2) Location.--Property conveyed by the Board under this subsection is not required to be located on the property referred to in subsection (a). (3) Costs.--If the Secretary and the Board engage in a property exchange under this subsection, all costs for repair, removal, and moving of facilities, equipment, fixtures, improvements, modifications, or alterations, including power, control, and utilities, that are necessary for the exchange-- (A) shall be the responsibility of the Secretary, if the action to seek an equivalent alternative was requested by the Secretary in response to factors unrelated to the activities of the Board or its operatives in the operation of its facilities; or (B) shall be the responsibility of the Board, if the Secretary's request for an equivalent alternative was in response to changes or modifications made by the Board or its operatives that adversely affected the Secretary's interest in the property retained under subsection (c). (e) Additional Conditions.--As conditions of any conveyance under subsection (a)-- (1) the Secretary shall require that-- (A) the Board remediate, or have remediated, at its sole cost, all hazardous or toxic substance contamination found on the property conveyed under subsection (a), whether known or unknown at the time of the conveyance or later discovered; and (B) the Board of Trustees hold harmless the Secretary for any and all costs, liabilities, or claims by third parties that arise out of any hazardous or toxic substance contamination found on the property conveyed under subsection (a) that are not directly attributable to the installation, operation, or maintenance of the Secretary's facilities, equipment, fixtures, improvements, modifications, or alterations; (2) the Secretary shall remediate, at the sole cost of the United States, all hazardous or toxic substance contamination on the property retained under subsection (c) that is found to have occurred as a direct result of the installation, operation, or maintenance of the Secretary's facilities, equipment, fixtures, improvements, modifications, or alterations; and (3) if the Secretary decides to terminate future occupancy and interest of the property retained under subsection (c), the Secretary shall-- (A) provide written notice to the Board at least 60 days prior to the scheduled date when the property will be vacated; (B) remove facilities, equipment, fixtures, improvements, modifications, or alterations and restore the property to as good a condition as existed at the time the property was retained under subsection (c), taking into account ordinary wear and tear and exposure to natural elements or phenomena; or (C) surrender all facilities, equipment, fixtures, improvements, modifications, or alterations to the Board in lieu of restoration, whereupon title shall vest in the Board of Trustees, and whereby all obligations of restoration under this subsection shall be waived, and all interests retained under subsection (c) shall be revoked. (f) Reversionary Interest.-- (1) In general.--All right, title, and interest in and to all property and interests conveyed by the United States under this section shall revert to the United States on the date on which the Board uses any of the property for any purpose other than the purposes described in subsection (b)(1). (2) Administration of reverted property.--Any property that reverts to the United States under this subsection shall be under the administrative jurisdiction of the Administrator of General Services. (g) Definitions.--In this section: (1) Board.--The term ``Board'' means the Board of Trustees of the California State University. (2) Center.--The term ``Center'' means the Romberg Tiburon Center for Environmental Studies at San Francisco State University. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Directs the Secretary of Commerce to convey to the Board of Trustees of the California State University all right, title, and interest of the United States in the balance of the National Oceanic and Atmospheric Administration property known as the Tiburon Laboratory, located in Tiburon, California.Permits the property conveyed only to be used for certain purposes, including to enhance estaurine scientific research and estuary activities within San Francisco Bay.Retains for the United States a certain building and related holdings on the grounds of Tiburon Laboratory, as well as other rights, including rights-of-way to access the retained property.Permits the Secretary and the Board to enter into negotiations to substitute another building of equal value for the Secretary to retain. Assigns certain of the costs for repair, removal, or moving of facilities and equipment under this Act to the Board and certain costs to the Secretary.Directs the Board to remediate or pay the cost of remediating all hazardous or toxic substance contamination found on the property to be conveyed. Requires the Secretary to remediate all hazardous or toxic substance contamination occurring as a direct result of work on the facilities and equipment retained by the Secretary.Specifies conditions for the Secretary to follow if occupancy on the retained property is terminated.

To convey to the Board of Trustees of the California State University the balance of the National Oceanic and Atmospheric Administration property known as the Tiburon Laboratory, located in Tiburon, California.

SECTION 1. NOTICE BY THE SECRETARY. The Secretary of Transportation may not make a loan or loans to any entity in excess of $1,000,000,000 in the aggregate over a 5 year period unless the loan exceeding the $1,000,000,000 limit is approved by Congress as provided in section 3 not later than 6 months after notice is provided to Congress. SEC. 2. PROCEDURE. (a) Contents of Resolution.--For the purposes of this section, the term ``joint resolution'' means only a joint resolution introduced after the date on which Congress receives notice from the Secretary of Transportation under section 2 the matter after the resolving clause of which is as follows: ``The Congress approves the loan numbered _____ by the Secretary of Transportation to (entity) in the amount of ______.''. (b) Referral to Committee.--A resolution described in subsection (a) introduced in the House of Representatives shall be referred to the Committee on Transportation and Infrastructure of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Commerce, Science, and Transportation of the Senate. Such a resolution may not be reported before the 8th day after its introduction. (c) Discharge of Committee.--If the committee to which is referred a resolution described in subsection (a) has not reported such resolution (or an identical resolution) at the end of 15 calendar days after its introduction such resolution shall be placed on the appropriate calendar of the House involved. (d) Floor Consideration.-- (1) In general.--When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under subsection (c)) from further consideration of, a resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Vote on final passage.--Immediately following the conclusion of the debate on a resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Coordination With Action by Other House.--If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (1) The resolution of the other House shall not be referred to a committee. (2) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (A) the procedure in that House shall be the same as if no resolution had been received from the other House; but (B) the vote on final passage shall be on the resolution of the other House. (f) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. SEC. 3. EFFECTIVE DATE. This Act shall take effect January 1, 2007.

Prohibits the Secretary from making a loan or loans to any entity in excess of $1 billion in the aggregate over a five-year period unless the loan exceeding the limit is approved by joint resolution no later than six months after notice is provided to Congress.

A bill to require congressional approval of loans made by the Secretary of Transportation in excess of $1,000,000,000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligent Technologies Initiative Act of 2015''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible entity.--The term ``eligible entity'' means a State or local government, including a territory of the United States, tribal government, transit agency, port authority, metropolitan planning organization, or other political subdivision of a State or local government or a multi-State or multi-jurisdictional group applying through a single lead applicant. (2) ITS.--The term ``ITS'' means intelligent transportation systems. (3) Multi-jurisdictional group.--The term ``multi- jurisdictional group'' means a combination of State governments, locals governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State that have signed a written agreement to implement the Intelligent Technology Initiative across jurisdictional boundaries. Each member of the group, including the lead applicant, must be an eligible entity to receive a grant under this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. INTELLIGENT TECHNOLOGY INITIATIVE. (a) Establishment of Program.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish an Intelligent Technology Initiative to provide grants to eligible entities to establish deployment sites for large scale installation and operation of ITS to improve safety, efficiency, system performance, and return on investment. The Secretary shall develop criteria for selection of an eligible entity to receive a grant, including how the deployment of technology will enable the recipient-- (1) to reduce costs and improve return on investments, including through the enhanced utilization of existing transportation capacity; (2) to deliver environmental benefits and reduce energy consumption by alleviating congestion and streamlining traffic flow; (3) to measure and improve the operational performance of its transportation network; (4) to reduce the number and severity of traffic collisions and increase driver, passenger, and pedestrian safety; (5) to collect, disseminate, and utilize real-time traffic, transit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient and accessible transportation alternatives; (6) to monitor transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair; and (7) to deliver economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services. (b) Request for Applications.--Not later than 6 months after the date of enactment of this Act, the Secretary shall request applications in accordance with section 4 for participation in the Intelligent Technology Initiative. SEC. 4. GRANT PROGRAM. (a) Grant Application.--To be considered for a grant under this Act, an eligible entity shall submit an application to the Secretary that includes the following: (1) Deployment plan.--A plan to deploy and provide for the long-term operation and maintenance of intelligent transportation systems to improve safety, efficiency, system performance, and return on investment, such as-- (A) real-time integrated traffic, transit, and multimodal transportation information; (B) advanced traffic, freight, parking, and incident management systems; (C) collision avoidance systems; (D) advanced technologies to improve transit and commercial vehicle operations; (E) synchronized, adaptive, and transit preferential traffic signals; (F) advanced infrastructure condition assessment technologies; and (G) other technologies to improve system operations, including ITS applications necessary for multimodal systems integration and for achieving performance goals. (2) Objectives.--Quantifiable system performance improvements, including reducing traffic-related crashes, congestion, and costs, optimizing system efficiency, and improving access to transportation services. (3) Results.--Quantifiable safety, mobility, and environmental benefit projections including data driven estimates of how the project will improve the region's transportation system efficiency and reduce traffic congestion. (4) Partnerships.--A plan for partnering with the private sector, public agencies including multimodal and multi- jurisdictional entities, research institutions, organizations representing transportation and technology leaders, and other transportation stakeholders. (5) Leveraging.--A plan to leverage and optimize existing local and regional ITS investments. (6) Interoperability.--A plan to ensure interoperability of deployed technologies with other tolling, traffic management, and intelligent transportation systems. (b) Grant Selection.-- (1) Grant awards.--Not later than 1 year after the date of enactment of this Act, the Secretary shall award a grant to not more than 6 eligible entities with funds available for up to 5 fiscal years. (2) Geographic diversity.--In awarding a grant under this section, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban, suburban, and rural areas. SEC. 5. USES OF FUNDS. A grant recipient may use funds authorized in this Act to deploy, operate, and maintain ITS and ITS-enabled operational strategies, including-- (1) advanced traveler information systems; (2) advanced transportation management technologies; (3) infrastructure maintenance, monitoring, and condition assessment; (4) advanced public transportation systems; (5) transportation system performance data collection, analysis, and dissemination systems; (6) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications and other collision avoidance technologies; (7) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems; (8) electronic pricing and tolling systems; and (9) advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled Americans. SEC. 6. REPORTS. (a) Report to Secretary.--Not later than 1 year after an eligible entity receives a grant award under this Act and each year thereafter, each grant recipient shall submit a report to the Secretary that describes-- (1) deployment and operational cost compared to the benefits and savings from the pilot program and compared to other alternative approaches; and (2) how the project has met the original expectation as projected in the deployment plan submitted with the application, including-- (A) data on how the program has helped reduce traffic crashes, congestion, costs, and other benefits of the deployed systems; (B) data on the effect of measuring and improving transportation system performance through the deployment of advanced technologies; (C) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and (D) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (b) Report to Congress.--Not later than 2 years after grants have been allocated and each year thereafter, the Secretary shall submit a report to Congress that describes the effectiveness of grant recipients in meeting their projected deployment plan, including data on how the program has-- (1) reduced traffic-related fatalities and injuries; (2) reduced traffic congestion and improved travel time reliability; (3) reduced transportation-related emissions; (4) optimized multimodal system performance; (5) improved access to transportation alternatives; (6) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; (7) provided cost savings to transportation agencies, businesses, and the traveling public; and (8) provided other benefits to transportation users and the general public. (c) Additional Grants.--If the Secretary determines from a grant recipient's reports that the recipient is not carrying out the requirements of the grant, the Secretary may cease to provide any additional grant funds to the recipient. The Secretary shall have the authority to redistribute remaining funds to select additional eligible entities for a program under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Funding.-- (1) In general.--There are authorized to be appropriated out of the Highway Trust Fund to carry out this Act-- (A) $200,000,000 for fiscal year 2015; (B) $200,000,000 for fiscal year 2016; (C) $200,000,000 for fiscal year 2017; (D) $200,000,000 for fiscal year 2018; (E) $200,000,000 for fiscal year 2019; and (F) $200,000,000 for fiscal year 2020. (2) Contract authority.--Funds authorized under this subsection 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 that such funds shall not be transferable, the obligation limitations shall not apply to such funds, and shall remain available until expended. (b) Grant Limitation.--The Secretary may not award more than 25 percent of the amount appropriated under this Act to a single grant recipient. (c) Expenses for Grant Recipients.--A grant recipient under this Act may use not more than 5 percent of the grant award each fiscal year to carry out planning and reporting requirements. (d) Expenses for Secretary.--Before awarding grant funds under this Act, the Secretary may set aside $3,000,000 each fiscal year for program reporting, evaluation, and administrative costs.

Intelligent Technologies Initiative Act of 2015 This bill directs the Department of Transportation (DOT) to establish an Intelligent Technology Initiative to provide grants to up to six state and local governments to establish deployment sites for large scale installation and operation of intelligent transportation systems (ITS) to improve safety, efficiency, system performance, and return on investment. DOT shall develop criteria for selecting grant recipients, including how the deployment of technology will enable the recipient to: reduce costs and improve return on investments; deliver environmental benefits and reduce energy consumption by alleviating congestion and streamlining traffic flow; measure and improve the operational performance of its transportation network; reduce the number and severity of traffic collisions and increase driver, passenger, and pedestrian safety; collect, disseminate, and utilize real-time traffic, transit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient and accessible transportation alternatives; monitor transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair; and deliver economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services. A grant application must include: a plan to deploy and provide for the long-term operation and maintenance of ITS to improve safety, efficiency, system performance, and return on investment; quantifiable system performance improvements; quantifiable safety, mobility, and environmental benefit projections; a plan for partnering with the private sector, public agencies, research institutions, organizations representing transportation and technology leaders, and other transportation stakeholders; a plan to leverage and optimize existing local and regional ITS investments; and a plan to ensure interoperability of deployed technologies with other tolling, traffic management, and ITS. Recipient may use grant funds to deploy, operate, and maintain specified ITS and ITS-enabled operational strategies. The bill requires DOT to report on the effectiveness of grant recipients in meeting their projected deployment plans.

Intelligent Technologies Initiative Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying Redress and Verified Enforcement Act'' or the ``BRAVE Act''. SEC. 2. REPORTING REQUIREMENTS. Part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``Subpart 6--Bullying ``SEC. 8581. OFFICIAL REPORTING REQUIREMENTS. ``(a) Report of Bullying.-- ``(1) In general.--Subject to paragraph (2), a local educational agency shall require an employee of the local educational agency who becomes aware of bullying to report to the individual designated under subsection (b) by not later than 7 business days after becoming aware of such bullying a description of-- ``(A) the acts that constituted bullying; ``(B) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, such protected characteristic; and ``(C) the response to such bullying by employees of the local educational agency. ``(2) Exception.--Notwithstanding paragraph (1), in the case of an employee of a local educational agency who is informed of bullying by a student attending a school served by the local educational agency, but the student requests that such bullying not be reported by the employee, the employee shall not be required to report such bullying under paragraph (1). ``(b) Receipt of Reports.--A local educational agency shall designate an individual to receive and keep a record of reports of bullying and shall inform each employee of the local educational agency of the contact information of the individual so designated. ``(c) Reporting to the Local Educational Agency.--Not later than 60 days after the date of the receipt of a report under subsection (a)(1), the individual designated under subsection (b) shall inform all employees of the local educational agency of the acts described and the response by employees of the local educational agency and shall exclude any personally identifiable information of any student involved. ``(d) Publicly Available Quarterly Reports.-- ``(1) In general.--Subject to paragraph (1), a local educational agency shall publish and make available to all students served by the local educational agency and parents of such students a report on a quarterly basis that-- ``(A) lists the number of bullying reports made since the previous quarterly report; and ``(B) informs the public of the right to file a complaint under section 8582(b)(2). ``(2) Exception.--A local educational agency shall not publish a report under paragraph (1) in a case in which such publication would reveal personally identifiable information about an individual student. ``(e) Annual Policy Review.--Each local educational agency shall review, on an annual basis, the policies on bullying for schools served by the local educational agency. ``SEC. 8582. FEDERAL ENFORCEMENT. ``(a) Condition of Federal Funding.--As a condition of receiving funds under this Act, a local educational agency shall-- ``(1) annually certify to the Secretary in writing that such local educational agency has complied with this section; and ``(2) together with such certification, submit the 4 most recent quarterly reports published preceding such certification pursuant to section 8581(d). ``(b) Federal Receipt of Complaints.--The Assistant Secretary who serves as the head of the Office of Civil Rights for the Department of Education shall-- ``(1) establish a procedure for a student of a local educational agency, a parent of such student, or another appropriate individual to submit to the Assistant Secretary a complaint relating to a failure to comply with this section; and ``(2) publish such procedure on the Internet website of the Department of Education. ``(c) Federal Response to Complaints.--After receiving a complaint pursuant to subsection (b), the Assistant Secretary shall-- ``(1) investigate such complaint to determine if a local educational agency failed to comply with this section; and ``(2) if such local educational agency is determined under paragraph (1) to have failed to comply with this section-- ``(A) withhold further payment of funds under this Act to such local educational agency; ``(B) issue a complaint to compel compliance of such local educational agency through a cease and desist order; or ``(C) enter into a compliance agreement with such local educational agency to bring it into compliance with this section, in the same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. ``(d) Public Availability of Information About Complaints.--Not later than 60 days after receiving a complaint pursuant to subsection (b)(2), the Assistant Secretary shall make available on the Internet website of the Department information about such complaint, which shall-- ``(1) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, include a description of such protected characteristic; and ``(2) exclude any personally identifiable information of any student involved. ``SEC. 8583. DEFINITIONS. ``In this subpart: ``(1) Bullying.--The term `bullying' means any severe, pervasive, or persistent electronic, written, verbal, or physical act by one student or a group of students toward another student during school hours and on school premises, or at a school-sponsored activity outside of school hours, that causes-- ``(A) harm to or reasonable concern for the person, property, or mental health of such other student; or ``(B) such other student to withdraw from or avoid benefitting from the services, activities, or opportunities offered by the school. ``(2) Protected characteristic.--The term `protected characteristic' includes race, color, sex, religion, national origin, disability, gender, gender identity, and sexual orientation.''. SEC. 3. TABLE OF CONTENTS. The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 8574, the following: ``subpart 6--bullying ``Sec. 8581. Official reporting requirements. ``Sec. 8582. Federal enforcement. ``Sec. 8583. Definitions.''.

Bullying Redress and Verified Enforcement Act or the BRAVE Act This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency (LEA) employee who becomes aware of bullying to report to an LEA-designated individual, within seven business days: (1) the acts that constituted the bullying; (2) the victim's protected characteristic, whether actual or perceived, if the bullying included a reference to or was motivated by such characteristic; and (3) the response of the LEA's employees to the bullying. The LEA-designated individual must, within 60 days after receiving such a report, inform all the LEA's employees of the acts described and the response of the LEA's employees. Each LEA shall annually review its policies on bullying. In addition, each LEA must publish and make available to students and parents a quarterly report that: (1) lists the number of bullying reports made since the previous quarterly report, and (2) informs the public of the right to file a complaint with the Office of Civil Rights (OCR) within the Department of Education (ED). OCR shall: (1) establish and publish complaint procedures; (2) investigate each complaint; (3) withhold ESEA funds from, issue a complaint against, or enter into a compliance agreement with any noncompliant LEA; and (4) make information about each complaint available on ED's website. The bill conditions an LEA's receipt of ESEA funds on its: (1) annual written certification to ED that it is in compliance with the bill's requirements, and (2) submission of its four most recent quarterly reports on bullying.

Bullying Redress and Verified Enforcement Act

SECTION 1. INTERESTS IN FINANCIAL ASSETS OF IRAN. (a) Interests in Blocked Assets.--Notwithstanding any other provision of law, and preempting any inconsistent provision of State law, the property interest of Iran in a blocked asset shall include an interest in property of any nature whatsoever, direct or indirect, including any direct or indirect interest in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States and the proceeds thereof, or in any funds transfers held in a United States financial institution. The property interest of Iran in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States and proceeds thereof shall be deemed to exist at every tier of securities intermediary necessary to hold an interest in any such securities or other financial assets. The property interest of Iran in a funds transfer shall exist at any intermediary bank necessary to complete such funds transfer. (b) Property in the United States of Iran.--Notwithstanding any other provision of law, and preempting any inconsistent provision of State law, the property, including any interest in the property, of Iran shall be deemed to be property in the United States of Iran if-- (1) that property is an interest, held directly or indirectly for the benefit of Iran or for the benefit of any securities intermediary that directly or indirectly holds the interest for the benefit of Iran, in securities or other financial assets that are represented by certificates or are in other physical form and are immobilized, custodized, or held for safekeeping or any other reason in the United States; or (2) that property is an interest in securities or other financial assets held in book entry form or otherwise, and credited to a securities account in the United States by any securities intermediary directly or indirectly for the benefit of Iran or for the benefit of any other securities intermediary that directly or indirectly holds the interest for the benefit of Iran. (c) Determination of Whether Securities or Other Assets Are Held or Credited to a Securities Account in the United States.--For purposes of this section, an interest in securities or other financial assets is held and credited to a securities account in the United States by a securities intermediary if the securities intermediary is located in the United States. A securities intermediary is conclusively presumed to be located in the United States if it is regulated in its capacity as a securities intermediary under the laws of the United States. (d) Commercial Activity in the United States.--Notwithstanding any other provision of law, the ownership by Iran, or its central bank or monetary authority, of any property, including the interest in property described in paragraphs (1) and (2) of subsection (b), or any other interest in property, shall be deemed to be commercial activity in the United States and that property, including any interest in that property, shall be deemed not to be held for the central bank's or monetary authority's own account. (e) Applicability.--This section applies to all attachments and proceedings in aid of execution issued or obtained before, on, or after the date of the enactment of this Act with respect to judgments entered against Iran for damages for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, or hostage- taking, or the provision of material support or resources for such an act. (f) Definitions.--In this section: (1) Blocked asset.--The term ``blocked asset''-- (A) means any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) or under section 202 or 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702); and (B) does not include property that-- (i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of the license has been specifically required by a provision of law other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or (ii) is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes. (2) Clearing corporation.--The term ``clearing corporation'' means-- (A) a clearing agency (as defined in section 3(a)(23) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(23))); (B) a Federal reserve bank; or (C) any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the Federal securities laws but for an exclusion or exemption from the registration requirement under section 3(a)(23)(B) of the Securities Exchange Act of 1934, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a Federal or State governmental authority. (3) Financial asset; security.--The terms ``financial asset'' and ``security'' have the meanings given those terms in the Uniform Commercial Code. (4) Iran.--The term ``Iran'' means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government. (5) Property subject to the vienna convention on diplomatic relations or the vienna convention on consular relations.--The term ``property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations'' means any property the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, or the Convention on Consular Relations, done at Vienna April 24, 1963. (6) Securities intermediary.--The term ``securities intermediary'' means-- (A) a clearing corporation; or (B) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. (7) United states.--The terms ``United States'' includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. SEC. 2. EXCEPTIONS TO THE IMMUNITY FROM ATTACHMENT OR EXECUTION. (a) Title 28, United States Code.--Section 1610 of title 28, United States Code, is amended-- (1) in subsection (a)(7), by inserting after ``section 1605A'' the following: ``or section 1605(a)(7) (as such section was in effect on January 27, 2008)''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``(5), 1605(b), or 1605A'' and inserting ``(5) or 1605(b)''; and (ii) by striking the period at the end and inserting ``, or''; and (B) by adding after paragraph (2) the following: ``(3) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605A of this chapter or section 1605(a)(7) of this chapter (as such section was in effect on January 27, 2008), regardless of whether the property is or was involved in the act upon which the claim is based.''; (3) by amending subsection (c) to read as follows: ``(c)(1) No attachment or execution referred to in any of paragraphs (1) through (6) of subsection (a), or in paragraph (1) or (2) of subsection (b), shall be permitted until the court of original jurisdiction has ordered such attachment and execution after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under section 1608(e) of this chapter. ``(2) No attachment or execution referred to in paragraph (7) of subsection (a) or paragraph (3) of subsection (b) shall be permitted until the court of original jurisdiction has ordered that such attachment and execution may proceed after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under section 1608(e) of this chapter. For purposes of the preceding sentence, substantial compliance with the requirements of section 1608(e) shall be deemed to be sufficient service under such section, and the rejection of or refusal to accept delivery of a default judgment served in substantial compliance with such requirements shall not affect the sufficiency of such service. The order of the court under this paragraph need not specify the assets that are to be subject to such attachment or execution.''; and (4) in subsection (g)(1), in the matter preceding subparagraph (A), by inserting after ``section 1605A'' the following: ``or section 1605(a)(7) (as such section was in effect on January 27, 2008)''. (b) Terrorism Risk Insurance Act of 2002.--Section 201(a) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note) is amended by striking ``section 1605(a)(7)'' and inserting ``section 1605A or 1605(a)(7) (as such section was in effect on January 27, 2008)''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 3) and shall apply with respect to-- (1) any judgment pursuant to section 1605A of title 28, United States Code, or section 1605(a)(7) of such Code (as such section was in effect on January 27, 2008), that is entered before, on, or after the date of the enactment of such Act; and (2) any attachment or other proceedings in aid of execution, or execution, that is issued, obtained, or commenced before, on, or after the date of the enactment of such Act, upon a judgment described in paragraph (1).

States that the property interest of Iran in: (1) a blocked asset shall include an interest in property of any nature whatsoever, including any direct or indirect interest in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States, or in any funds transfers held in a U.S. financial institution; (2) securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States shall be deemed to exist at every tier of securities intermediary necessary to hold an interest in any such securities or other financial assets; and (3) a funds transfer shall exist at any intermediary bank necessary to complete such funds transfer. States that property of Iran shall be deemed to be property in the United States of Iran if that property is: (1) an interest, held for Iran's benefit or for the benefit of any securities intermediary that directly or indirectly holds the interest for Iran's benefit, in securities or other financial assets that are represented by certificates or are in other physical form and are immobilized, custodized, or held for safekeeping or any other reason in the United States; or (2) an interest in securities or other financial assets held in book entry form or otherwise, and credited to a securities account in the United States by any securities intermediary directly or indirectly for Iran's benefit or for the benefit of any other securities intermediary that directly or indirectly holds the interest for Iran's benefit. States that: (1) an interest in securities or other financial assets is held and credited to a securities account in the United States by a securities intermediary if the securities intermediary is located in the United States; and (2) ownership by Iran, or its central bank or monetary authority, of any property shall be deemed to be commercial activity in the United States and that property, including any interest in that property, shall be deemed not to be held for the central bank's or monetary authority's own account. Revises provisions regarding exceptions to the immunity from attachment or execution of a foreign state's property in the United States.

To clarify certain provisions relating to the interests of Iran in certain assets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Education Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1989 the Nation's Governors established a goal that all children would have access to high-quality early education programs by the year 2000. (2) Less than half of all 3- to 5-year-olds who are not in kindergarten are enrolled in an early education program, with only 36 percent of children from families with annual incomes below $15,000 enrolled in an early education program. (3) Research suggests that a child's early years are critical in the development of the brain. Early brain development is an important component of educational and intellectual achievement. (4) The National Research Council reported that early education opportunities are necessary if children are going to develop the language and literacy skills necessary to learn to read. (5) Evaluations of early education programs demonstrate that compared to children with similar backgrounds who have not participated in early education programs, children who participate in such programs-- (A) perform better on reading and mathematics achievement tests; (B) are more likely to stay academically near their grade level and make normal academic progress throughout elementary school; (C) are less likely to be held back a grade or require special education services in elementary school; (D) show greater learning retention, initiative, creativity, and social competency; and (E) are more enthusiastic about school and are more likely to have good attendance records. (6) Studies have estimated that for every dollar invested in quality early education, about 7 dollars are saved in later costs. SEC. 3. EARLY EDUCATION. 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--EARLY EDUCATION ``SEC. 10995. EARLY EDUCATION. ``(a) Definition of Early Education.--In this part the term `early education' means not less than a half day of schooling each weekday during the academic year preceding the academic year a child enters kindergarten. ``(b) Purpose.--The purpose of this section is to establish a program to develop the foundation of early literacy and numerical training among young children by helping State educational agencies expand the existing education system to include early education for all children. ``(c) Program Authorized.-- ``(1) In general.--The Secretary is authorized to award grants to not less than 10 State educational agencies to enable the State educational agencies to expand the existing education system with programs that provide early education. ``(2) Matching requirement.--The amount provided to a State educational agency under paragraph (1) shall not exceed 50 percent of the cost of the program described in the application submitted pursuant to subsection (d). ``(3) Requirements.--Each program assisted under this section-- ``(A) shall be carried out by 1 or more local educational agencies, as selected by the State educational agency; ``(B) shall be carried out-- ``(i) in a public school building; or ``(ii) in another facility by, or through a contract or agreement with, a local educational agency; ``(C) shall be available to all children served by a local educational agency carrying out the program; and ``(D) shall only involve instructors who are licensed or certified in accordance with applicable State law. ``(d) Application.--Each State educational agency 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 application shall-- ``(1) include a description of-- ``(A) the program to be assisted under this section; and ``(B) how the program will meet the purpose of this section; ``(2) contain a statement of the total cost of the program and the source of the matching funds for the program; and ``(3) demonstrate how the program will be coordinated with other federally funded programs that provide early educational opportunities, such as Head Start and the Even Start Family Literacy Program under part B of title I, to avoid duplication of activities in the school districts to be served. ``(e) Coordination of Activities.-- ``(1) In general.--In order for a State to operate a single early education program and notwithstanding any other provision of law, the Secretary may allow a State educational agency to coordinate activities funded under this section with activities funded under-- ``(A) part B of title I; ``(B) section 619 of the Individuals with Disabilities Education Act; or ``(C) the Head Start Act, if the Secretary obtains the consent of the Secretary of Health and Human Services. ``(2) Reduction of services prohibited.--The Secretary shall ensure that the coordination described in paragraph (1) does not result in a reduction of services under part B of title I, section 619 of the Individuals with Disabilities Education Act, or the Head Start Act, as appropriate. ``(f) Secretarial Authority.--In order to carry out the purpose of this section, the Secretary-- ``(1) shall establish a system for the monitoring and evaluation of, and shall annually report to Congress regarding, the programs funded under this section; and ``(2) may establish any other policies, procedures, or requirements, with respect to the programs. ``(g) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $300,000,000 for each of the fiscal years 2000 through 2004.''.

Authorizes the Secretary of Education to award such matching grants to not less than ten State educational agencies (SEAs) to expand the existing education system with programs that provide such early education. Requires each such assisted program to: (1) be carried out by one or more local educational agencies (LEAs), as selected by the SEA; (2) be carried out in a public school building, or in another facility by, or through a contract or agreement with, an LEA; (3) be available to all children served by the LEA carrying out the program; and (4) only involve licensed or certified instructors. Authorizes appropriations.

Early Education Act of 1999

SECTION 1. EMPLOYEE SURVEYS. (a) In General.--Chapter 14 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 1403. Employee surveys ``(a) In General.--Each agency shall conduct an annual survey of its employees (including survey questions unique to the agency and questions prescribed under subsection (b)) to assess-- ``(1) leadership and management practices that contribute to agency performance; and ``(2) employee satisfaction with-- ``(A) leadership policies and practices; ``(B) work environment; ``(C) rewards and recognition for professional accomplishment and personal contributions to achieving organizational mission; ``(D) opportunity for professional development and growth; and ``(E) opportunity to contribute to achieving organizational mission. ``(b) Regulations; Notice.-- ``(1) In general.--The Director of the Office of Personnel Management shall issue regulations prescribing survey questions that should appear on all agency surveys under subsection (a) in order to allow a comparison across agencies. ``(2) Notice of change to regulations.-- ``(A) In general.--The Director of the Office of Personnel Management may not issue a regulation under this section until the date that is 60 days after the date on which the Director submits such regulation to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate unless the Director submitted such regulation to those committees not later than the day after the date on which the notice of proposed rulemaking is published in the Federal Register. ``(B) Applicability.--Subparagraph (A) shall apply with respect to any regulation promulgated on or after the date of enactment of this paragraph. ``(3) Notice of change to survey questions.--Not later than 60 days before finalizing any change, addition, or removal to any survey question in the annual employee survey administered by the Office pursuant to this section, the Director shall-- ``(A) make the proposed change, addition, or removal and the proposed final text, if applicable, of any such question publicly available on the agency's website; and ``(B) provide to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(i) the proposed change, addition, or removal and the proposed final text, if applicable, of any such question; ``(ii) a justification for the proposed change, addition, or removal; and ``(iii) an analysis of whether the change, addition, or removal will affect the ability to compare results from surveys taken after the change, addition, or removal is implemented with results from surveys taken before the change, addition, or removal is implemented. ``(c) Occupational Data.--To the extent practicable, the Director of the Office of Personnel Management shall, in publishing agency survey data collected under subsection (a), include responses to such surveys by occupation. In carrying out this subsection the Director shall ensure the confidentiality of any agency survey respondent. ``(d) Survey Incentives.--In conjunction with each annual survey required under subsection (a), the head of each agency shall submit to the Director of the Office of Personnel Management information on any monetary, in-kind, leave-related, or other incentive offered to employees in exchange for participation in the survey, including a description of the type of each such incentive offered and the quantity of each such incentive provided to employees. ``(e) Availability of Results.--The results of the agency surveys under subsection (a) shall be made available to the public and posted on the website of the agency involved, unless the head of such agency determines that doing so would jeopardize or negatively impact national security. ``(f) Agency Defined.--In this section, the term `agency' has the meaning given the term Executive agency in section 105.''. (b) Applicability.-- (1) The requirements of section 1403 of title 5, United States Code (as added by this Act) shall apply with respect to any annual survey initiated on or after the date of enactment of this Act. (2) Any annual survey authorized by, and meeting the requirements of, section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5 U.S.C. 7101 note) that is in progress on the date of enactment of this Act (or, if no such survey is in progress, was most recently completed prior to the date of enactment of this Act) shall be considered to be a survey authorized by, and that meets the requirements of, section 1403(a) of title 5, United States Code, (as added by this Act) including for purposes of requiring the Office of Personnel Management to give notice of subsequent changes, additions, or removals of survey questions under section 1403(b)(3) of such title. (c) Technical and Conforming Amendments.-- (1) Repeal.--Section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5 U.S.C. 7101 note), and the item relating to such section in the table of sections, is repealed. (2) Table of sections.--The table of sections for chapter 14 of title 5, United States Code, is amended by inserting after the item relating to section 1402 the following new item: ``1403. Employee surveys.''. (3) Table of chapters.--The item relating to chapter 14 in the table of chapters for part II of title 5, United States Code, is amended to read as follows: ``14. Agency Chief Human Capital Officers; Employee Surveys. 1401''. (4) Chapter heading.--The heading for chapter 14 of title 5, United States Code, is amended to read as follows: ``CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS; EMPLOYEE SURVEYS''. SEC. 2. GAO STUDY ON ANNUAL SURVEY INCENTIVES. The Comptroller General of the United States shall conduct a study on the types of incentives offered by agencies to employees in exchange for participation in surveys required by section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5 U.S.C. 7101 note) or section 1403 of title 5, United States Code, that includes an evaluation of the impact of such incentives on employee survey responses and response rates, and any recommendations regarding such incentives the Comptroller General considers necessary.

This bill requires a federal agency to conduct an annual survey of its employees to assess leadership practices and employee satisfaction. Unless doing so would jeopardize national security, the results of the survey must be posted on the website of the agency.

To amend title 5, United States Code, to provide for annual surveys of Federal employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Motor Vehicle Advanced Safety Technology Tax Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Commercial motor vehicle crashes remain a primary source of concern in the United States, particularly in light of the increasing numbers of trucks and motorcoaches on the Nation's roads and their critical role in the transportation of hazardous materials. (2) A 2004 report by the National Cooperative Highway Research Program found that when a large truck is involved in a crash, it is about 2.6 times as likely to result in a fatality compared with passenger cars. (3) The number of fatalities associated with large truck crashes is a significant portion of all crash fatalities in the United States. In 2005, 5,212 individuals died and 114,000 individuals were injured as a result of large truck-related crashes in the United States. Overall, from 2001 to 2005, there have been 25,533 large truck-related fatalities in the United States. (4) In addition to the tremendous human loss, these crashes also impose a significant economic cost on society. The Department of Transportation estimates that highway crashes cost society $230.6 billion a year, about $820 per person. A 2006 report issued by the Federal Motor Carrier Safety Administration determined that the estimated cost of each crash involving a truck with a gross vehicle weight rating of more than 10,000 pounds is $91,112 while the average cost of a fatal crash is $3,604,518. (5) Investments by vehicle suppliers and truck and motorcoach manufacturers in research and innovative design have created a new generation of advanced safety systems and technologies. (6) Advanced safety technologies will directly address, and help mitigate the effects of, commercial motor vehicle crash scenarios. (7) The Department of Transportation has set a goal to reduce the traffic fatality rate to 1.0 per hundred million vehicle miles traveled by 2011. (8) The accelerated production, sale, and deployment of advanced safety technologies on commercial motor vehicles can speed the progress toward this critical goal and reduce the daily injuries and fatalities on the Nation's roads and highways. This progress would also help to mitigate the societal cost of these crashes. (9) Therefore, Congress finds that it is in the interest of the United States to increase the deployment of advanced vehicle safety technologies on commercial motor vehicles in the domestic market by providing businesses with tax incentives, designed to make such systems more affordable for purchase. SEC. 3. CREDIT FOR ADVANCED COMMERCIAL VEHICLE SAFETY SYSTEMS. (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. 45O. CREDIT FOR COMMERCIAL VEHICLE ADVANCED SAFETY SYSTEMS. ``(a) Allowance of Credit.--For purposes of section 38, the commercial vehicle advanced safety system credit determined under this section is an amount equal to 50 percent of the cost of any qualified commercial vehicle advanced safety system placed in service by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Per system.--The credit allowable under subsection (a) for each qualified commercial vehicle advanced safety system shall not exceed $1,500. ``(2) Per vehicle.--The credit allowable under subsection (a) with respect to property for each qualified commercial vehicle shall not exceed-- ``(A) $3,500, reduced by ``(B) the aggregate amount of credit allowed to the taxpayer under this section with respect to such vehicle for all prior taxable years. ``(3) Per taxpayer.--The credit allowable under subsection (a) to the taxpayer for the taxable year shall not exceed $350,000. ``(c) Qualified Commercial Vehicle Advanced Safety System.--For purposes of this section, the term `qualified commercial vehicle advanced safety system' means any property which is part of a system installed on a qualified commercial vehicle if-- ``(1)(A) such system is a brake stroke monitoring system, lane departure warning system, collision warning system, or vehicle stability system, or ``(B) such system is specifically identified by the Administrator of the Federal Motor Carrier Safety Administration or the Administrator of the National Highway Traffic Safety Administration for the purposes of this paragraph as significantly enhancing the safety or security of the driver, vehicle, passengers, or load of a qualified commercial vehicle and such identification is in effect as of the date such system is placed in service by the taxpayer, ``(2) such system is certified by the manufacturer of such system (before such vehicle is first used by the taxpayer for its intended purpose after installation of such system)-- ``(A) to be appropriate for the make, type, and model of the qualified commercial vehicle on which it is to be installed, and ``(B) to function as designed if installed properly, ``(3) in the case of a system which is not installed by the manufacturer of the qualified commercial vehicle or by an installer authorized by the manufacturer of such system, such system is certified by the installer of such system to be properly installed and functioning on the vehicle before such vehicle is first used by the taxpayer for its intended purpose after installation of such system, ``(4) the original use of such system begins with the taxpayer, and ``(5) depreciation (or amortization in lieu of depreciation) is allowable with respect to such system. ``(d) Qualified Commercial Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified commercial vehicle' means any highway motor vehicle if-- ``(A) such vehicle-- ``(i) is to be used to transport persons or property in commerce, and ``(ii) has a gross combination weight rating or a gross vehicle weight rating of 26,001 pounds or more, or ``(iii) the seating capacity of which is at least 15 individuals (not including the driver), ``(B) the seating capacity of such vehicle is at least 11 individuals (not including the driver) and such vehicle is reasonably expected to be used as a school bus (as defined in section 4221(d)(7)(C)), or ``(C) such vehicle is reasonably expected to be used as an intercity or local bus (as defined in section 4221(d)(7)(B)). ``(e) Other Definitions.--For purposes of this section-- ``(1) Brake stroke monitoring system.--The term `brake stroke monitoring system' means any onboard-monitoring system for air-braked vehicles that-- ``(A) uses electronic sensors to determine if the brakes are out of adjustment, not operational, or not fully releasing, and ``(B) displays warnings to the driver showing the existence and exact location and nature of the problem. ``(2) Lane departure warning system.--The term `lane departure warning system' means any system that alerts a driver (including audio, visual, and tactile warnings) of unintended movement out of the lane of travel or of an object or vehicle in the adjacent lane blind spot. ``(3) Collision warning system.--The term `collision warning system' means any system that monitors the roadway in front or to the rear of the vehicle and warns the driver when a potential collision risk exists by providing the driver with an audible, visual, or tactile notification. ``(4) Vehicle stability system.--The term `vehicle stability system' means any active safety system that automatically intervenes when there is a high risk of rollover or directional instability. For purposes of the preceding sentence, active interventions include automatically reducing vehicle speed or by selectively applying appropriate brakes to better align the vehicle to the appropriate path of travel. ``(f) Controlled Groups.-- ``(1) In general.--For purposes of this section, 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 a single taxpayer. ``(2) Inclusion of foreign corporations.--For purposes of paragraph (1), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(g) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Property used by tax-exempt entity.--In the case of any qualified commercial vehicle advanced safety system the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease-- ``(A) the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to section 38(c)), and ``(B) paragraphs (2) and (3) of subsection (c) shall not apply to such person with respect to such property. ``(5) Election not to take credit.--No credit shall be allowed under subsection (a) for any qualified commercial vehicle advanced safety system if the taxpayer elects to not have this section apply to such system. ``(h) Supporting Documentation.--No credit shall be allowed under subsection (a) unless the qualified commercial vehicle owner receives such documentation as the Secretary may require, including-- ``(1) at the time of purchase of the qualified advanced commercial vehicle advanced safety system-- ``(A) documentation that identifies-- ``(i) the type of each such system to be installed on the vehicle, and ``(ii) the purchase date of the vehicle containing such system (or the installation date of such system in the case of installation after the date of the first retail sale of such vehicle), and ``(B) the certification required under subsection (c)(2), and ``(2) in the case of a system for which a certification is required under subsection (c)(3), at the time of the installation of such system, the certification required under subsection (c)(3). ``(i) Termination.--This section shall not apply to property placed in service after December 31, 2012.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit ) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the commercial vehicle advanced safety system credit determined under section 45O(a).''. (c) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45O(g)(1).''. (2) Subsection (m) of section 6501 of such Code is amended by inserting ``45O(g)(5),'' after ``45C(d)(4),''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Credit for commercial vehicle advanced safety systems.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Commercial Motor Vehicle Advanced Safety Technology Tax Act of 2007 - Amends the Internal Revenue Code to allow a general business tax credit for 50% of the cost of placing in service any qualified commercial vehicle advanced safety system. Defines "qualified commercial vehicle advanced safety system" as a manufacturer-certified brake stroke monitoring system, lane departure warning system, collision warning system, or vehicle stability system identified by the Federal Motor Carrier Safety Administration or the National Highway Traffic Safety Administration as significantly enhancing the safety or security of commercial drivers, vehicles, or passengers. Terminates such credit after 2012.

To amend the Internal Revenue Code of 1986 to provide a credit against income tax to facilitate the accelerated development and deployment of advanced safety systems for commercial motor vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Allow States and Victims to Fight Online Sex Trafficking Act of 2017''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) section 230 of the Communications Act of 1934 (47 U.S.C. 230; commonly known as the ``Communications Decency Act of 1996'') was never intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims; (2) websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and (3) clarification of such section is warranted to ensure that such section does not provide such protection to such websites. SEC. 3. PROMOTION OF PROSTITUTION AND RECKLESS DISREGARD OF SEX TRAFFICKING. (a) Promotion of Prostitution.--Chapter 117 of title 18, United States Code, is amended by inserting after section 2421 the following: ``Sec. 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking ``(a) In General.--Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both. ``(b) Aggravated Violation.--Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and-- ``(1) promotes or facilitates the prostitution of 5 or more persons; or ``(2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 1591(a), shall be fined under this title, imprisoned for not more than 25 years, or both. ``(c) Civil Recovery.--Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys' fees in an action before any appropriate United States district court. ``(d) Mandatory Restitution.--Notwithstanding sections 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b). ``(e) Affirmative Defense.--It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted.''. (b) Table of Contents.--The table of contents for such chapter is amended by inserting after the item relating to section 2421 the following: ``2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking.''. SEC. 4. ENSURING ABILITY TO ENFORCE FEDERAL AND STATE CRIMINAL AND CIVIL LAW RELATING TO SEX TRAFFICKING. (a) In General.--Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following: ``(5) No effect on sex trafficking law.--Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit-- ``(A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title; ``(B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18, United States Code; or ``(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and the amendment made by subsection (a) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment. SEC. 5. ENSURING FEDERAL LIABILITY FOR PUBLISHING INFORMATION DESIGNED TO FACILITATE SEX TRAFFICKING OR OTHERWISE FACILITATING SEX TRAFFICKING. Section 1591(e) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) The term `participation in a venture' means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1).''. SEC. 6. ACTIONS BY STATE ATTORNEYS GENERAL. (a) In General.--Section 1595 of title 18, United States Code, is amended by adding at the end the following: ``(d) In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 1591, the attorney general of the State, as parens patriae, may bring a civil action against such person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.''. (b) Technical and Conforming Amendments.--Section 1595 of title 18, United States Code, is amended-- (1) in subsection (b)(1), by striking ``this section'' and inserting ``subsection (a)''; and (2) in subsection (c), in the matter preceding paragraph (1), by striking ``this section'' and inserting ``subsection (a)''. SEC. 7. SAVINGS CLAUSE. Nothing in this Act or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act that was not limited or preempted by section 230 of the Communications Act of 1934 (47 U.S.C. 230), as such section was in effect on the day before the date of enactment of this Act. SEC. 8. GAO STUDY. On the date that is 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report which includes the following: (1) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that resulted in an award of damages, including the amount claimed, the nature or description of the losses claimed to support the amount claimed, the losses proven, and the nature or description of the losses proven to support the amount awarded. (2) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that did not result in an award of damages, including-- (A) the amount claimed and the nature or description of the losses claimed to support the amount claimed; and (B) whether the case was dismissed, and if the case was dismissed, information describing the reason for the dismissal. (3) Information on each order of restitution entered pursuant to section 2421A(d) of title 18, United States Code, including-- (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government and the justification for, and calculation of, the amount requested, if restitution was requested; and (C) the amount ordered by the court and the justification for, and calculation of, the amount ordered. (4) For each defendant convicted of violating section 2421A(b) of title 18, United States Code, that was not ordered to pay restitution-- (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government, if restitution was requested; and (C) information describing the reason that the court did not order restitution. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others. (Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties—a fine, a prison term of up to 10 years, or both—on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person. Additionally, it establishes enhanced penalties—a fine, a prison term of up to 25 years, or both—for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking. A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action. A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking. A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. (Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill. The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment. (Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines "participation in a venture" to mean knowingly assisting, supporting, or facilitating a sex trafficking violation. (Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations. (Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934. (Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf War Veterans' Iraqi Claims Protection Act of 1999''. SEC. 2. ADJUDICATION OF CLAIMS. (a) Claims Against Iraq.--The United States Commission is authorized to receive and determine the validity and amounts of any claims by nationals of the United States against the Government of Iraq. Such claims must be submitted to the United States Commission within the period specified by such Commission by notice published in the Federal Register. The United States Commission shall certify to each claimant the amount determined by the Commission to be payable on the claim under this Act. (b) Decision Rules.--In deciding claims under subsection (a), the United States Commission shall apply, in the following order-- (1) applicable substantive law, including international law; and (2) applicable principles of justice and equity. (c) Priority Claims.--Before deciding any other claim against the Government of Iraq, the United States Commission shall, to the extent practical, decide all pending non-commercial claims of active, retired, or reserve members of the United States Armed Forces, retired former members of the United States Armed Forces, and other individuals arising out of Iraq's invasion and occupation of Kuwait or out of the 1987 attack on the USS Stark. (d) Applicability of International Claims Settlement Act.--To the extent they are not inconsistent with the provisions of this Act, the provisions of title I (other than section 2(c)) and title VII of the International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and 1645-1645o) shall apply with respect to claims under this Act. SEC. 3. CLAIMS FUNDS. (a) Iraq Claims Fund.--The Secretary of the Treasury is authorized to establish in the Treasury of the United States a fund (hereafter in this Act referred to as the ``Iraq Claims Fund'') for payment of claims certified under section 2(a). The Secretary of the Treasury shall cover into the Iraq Claims Fund such amounts as are allocated to such fund pursuant to subsection (b). (b) Allocation of Proceeds From Iraqi Asset Liquidation.-- (1) In general.--The President shall allocate funds resulting from the liquidation of assets pursuant to section 4 in the manner the President determines appropriate between the Iraq Claims Fund and such other accounts as are appropriate for the payment of claims of the United States Government against Iraq, subject to the limitation in paragraph (2). (2) Limitation.--The amount allocated pursuant to this subsection for payment of claims of the United States Government against Iraq may not exceed the amount which bears the same relation to the amount allocated to the Iraq Claims Fund pursuant to this subsection as the sum of all certified claims of the United States Government against Iraq bears to the sum of all claims certified under section 2(a). As used in this paragraph, the term ``certified claims of the United States Government against Iraq'' means those claims of the United States Government against Iraq which are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission and which are determined to be valid, and whose amount has been certified, under such procedures as the President may establish. SEC. 4. AUTHORITY TO VEST IRAQI ASSETS. The President is authorized to vest and liquidate as much of the assets of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may be necessary to satisfy claims under section 2(a), claims of the United States Government against Iraq which are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission, and administrative expenses under section 5. SEC. 5. REIMBURSEMENT FOR ADMINISTRATIVE EXPENSES. (a) Deduction.--In order to reimburse the United States Government for its expenses in administering this Act, the Secretary of the Treasury shall deduct 1.5 percent of any amount covered into the Iraq Claims Fund to satisfy claims under this Act. (b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted pursuant to subsection (a) shall be deposited in the Treasury of the United States as miscellaneous receipts. SEC. 6. PAYMENTS. (a) In General.--The United States Commission shall certify to the Secretary of the Treasury each award made pursuant to section 2. The Secretary of the Treasury shall make payment, out of the Iraq Claims Fund, in the following order of priority to the extent funds are available in such fund: (1) Payment of $10,000 or the principal amount of the award, whichever is less. (2) For each claim that has priority under section 2(c), payment of an additional $90,000 toward the unpaid balance of the principal amount of the award. (3) Payments from time to time in ratable proportions on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the Iraq Claims Fund that is available for distribution at the time such payments are made. (4) After payment has been made of the principal amounts of all such awards, pro rata payments on account of accrued interest on such awards as bear interest. (b) Unsatisfied Claims.--Payment of any award made pursuant to this Act shall not extinguish any unsatisfied claim, or be construed to have divested any claimant, or the United States on his or her behalf, of any rights against the Government of Iraq with respect to any unsatisfied claim. SEC. 7. AUTHORITY TO TRANSFER RECORDS. The head of any Executive agency may transfer or otherwise make available to the United States Commission such records and documents relating to claims authorized to be determined under this Act as may be required by the United States Commission in carrying out its functions under this Act. SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS. (a) Statute of Limitations.--Any demand or claim for payment on account of an award that is certified under this Act shall be barred on and after the date that is one year after the date of publication of the notice required by subsection (b). (b) Publication of Notice.-- (1) In general.--At the end of the 9-year period specified in paragraph (2), the Secretary of the Treasury shall publish a notice in the Federal Register detailing the statute of limitations provided for in subsection (a) and identifying the claim numbers of, and the names of the claimants holding, unpaid certified claims. (2) Publication date.--The notice required by paragraph (1) shall be published 9 years after the last date on which the Secretary of the Treasury covers into the Iraq Claims Fund amounts allocated to that fund pursuant to section 3(b). (c) Disposition of Unused Funds.-- (1) Disposition.--At the end of the 2-year period beginning on the publication date of the notice required by subsection (b), the Secretary of the Treasury shall dispose of all unused funds described in paragraph (2) by depositing in the Treasury of the United States as miscellaneous receipts any such funds that are not used for payments of certified claims under this Act. (2) Unused funds.--The unused funds referred to in paragraph (1) are any remaining balance in the Iraq Claims Fund. SEC. 9. DEFINITIONS. As used in this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given that term by section 105 of title 5, United States Code. (2) Government of iraq.--The term ``Government of Iraq'' includes agencies, instrumentalities, and entities controlled by that government (including public sector enterprises). (3) United nations commission.--The term ``United Nations Commission'' means the United Nations Compensation Commission established pursuant to United Nations Security Council Resolution 687 (1991). (4) United states commission.--The term ``United States Commission'' means the Foreign Claims Settlement Commission of the United States.

Authorizes the Secretary of the Treasury to establish in the Treasury an Iraq Claims Fund for the payment of such claims. Authorizes the President, subject to specified limitations, to vest and liquidate Iraqi Government assets in the United States that have been blocked pursuant to the International Emergency Economic Powers Act, and allocate the proceeds to the Fund to satisfy claims against the Government of Iraq by U.S. nationals, as well as claims of the U.S. Government that are outside the jurisdiction of the United Nations Compensation Commission. Provides for the reimbursement to the U.S. Government of expenses incurred in administering this Act. Establishes an order of priority for payment of claims. Directs the U.S. Commission to certify to the Secretary each award made under this Act. Sets forth a ten-year statute of limitations on any demand or claim for the payment of such an award.

Gulf War Veterans' Iraqi Claims Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Reliable Medical Justice Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to restore fairness and reliability to the medical justice system by fostering alternatives to current medical tort litigation that promote early disclosure of health care errors and provide prompt, fair, and reasonable compensation to patients who are injured by health care errors; (2) to promote patient safety through disclosure of health care errors; and (3) to support and assist States in developing such alternatives. SEC. 3. STATE DEMONSTRATION PROGRAMS TO EVALUATE ALTERNATIVES TO CURRENT MEDICAL TORT LITIGATION. 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: ``SEC. 399R. STATE DEMONSTRATION PROGRAMS TO EVALUATE ALTERNATIVES TO CURRENT MEDICAL TORT LITIGATION. ``(a) In General.--The Secretary is authorized to award demonstration grants to States for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations. In awarding such grants, the Secretary shall ensure the diversity of the alternatives so funded. ``(b) Duration.--The Secretary may award up to 10 grants under subsection (a) and each grant awarded under such subsection may not exceed a period of 5 years. ``(c) Conditions for Demonstration Grants.-- ``(1) Requirements.--Each State desiring a grant under subsection (a) shall-- ``(A) develop an alternative to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations; and ``(B) promote a reduction of health care errors by allowing for patient safety data related to disputes resolved under subparagraph (A) to be collected and analyzed by organizations that engage in efforts to improve patient safety and the quality of health care. ``(2) Alternative to current tort litigation.--Each State desiring a grant under subsection (a) shall demonstrate how the proposed alternative described in paragraph (1)(A)-- ``(A) makes the medical liability system more reliable through prompt and fair resolution of disputes; ``(B) encourages the disclosure of health care errors; ``(C) enhances patient safety by detecting, analyzing, and reducing medical errors and adverse events; ``(D) maintains access to liability insurance; and ``(E) provides patients the opportunity to opt out of or voluntarily withdraw from participating in the alternative. ``(3) Sources of compensation.--Each State desiring a grant under subsection (a) shall identify the sources from and methods by which compensation would be paid for claims resolved under the proposed alternative to current tort litigation, which may include public or private funding sources, or a combination of such sources. Funding methods shall to the extent practicable provide financial incentives for activities that improve patient safety. ``(4) Scope.-- ``(A) In general.--Each State desiring a grant under subsection (a) may establish a scope of jurisdiction (such as a designated geographic region, a designated area of health care practice, or a designated group of health care providers or health care organizations) for the proposed alternative to current tort litigation that is sufficient to evaluate the effects of the alternative. ``(B) Notification of patients.--A State proposing a scope of jurisdiction under subparagraph (A) shall demonstrate how patients would be notified that they are receiving health care services that fall within such scope, and that they may opt out of or voluntarily withdraw from participating in the alternative. ``(5) Preference in awarding demonstration grants.--In awarding grants under subsection (a), the Secretary shall give preference to States-- ``(A) that have developed the proposed alternative through substantive consultation with relevant stakeholders, including patient advocates, health care providers and health care organizations, attorneys with expertise in representing patients and health care providers, medical malpractice insurers, and patient safety experts; ``(B) that make proposals that are likely to enhance patient safety by detecting, analyzing, and reducing medical errors and adverse events; and ``(C) in which State law at the time of the application would not prohibit the adoption of an alternative to current tort litigation. ``(d) Application.-- ``(1) In general.--Each State desiring a grant under subsection (a) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. ``(2) Review panel.-- ``(A) In general.--In reviewing applications under paragraph (1), the Secretary shall consult with a review panel composed of relevant experts appointed by the Comptroller General. ``(B) Composition.-- ``(i) Nominations.--The Comptroller General shall solicit nominations from the public for individuals to serve on the review panel. ``(ii) Appointment.--The Comptroller General shall appoint, at least 14 but not more than 19, highly qualified and knowledgeable individuals to serve on the review panel and shall ensure that the following entities receive fair representation on such panel: ``(I) Patient advocates. ``(II) Health care providers and health care organizations. ``(III) Attorneys with expertise in representing patients and health care providers. ``(IV) Medical malpractice insurers. ``(V) State officials. ``(VI) Patient safety experts. ``(C) Chairperson.--The Comptroller General, or an individual within the Government Accountability Office designated by the Comptroller General, shall be the chairperson of the review panel. ``(D) Availability of information.--The Comptroller General shall make available to the review panel such information, personnel, and administrative services and assistance as the review panel may reasonably require to carry out its duties. ``(E) Information from agencies.--The review panel may request directly from any department or agency of the United States any information that such panel considers necessary to carry out its duties. To the extent consistent with applicable laws and regulations, the head of such department or agency shall furnish the requested information to the review panel. ``(e) Reports.-- ``(1) By state.--Each State receiving a grant under subsection (a) shall submit to the Secretary an annual report evaluating the effectiveness of activities funded with grants awarded under such subsection. ``(2) By secretary.--The Secretary shall submit to Congress an annual compendium of the reports submitted under paragraph (1). ``(f) Technical Assistance.-- ``(1) In general.--The Secretary shall provide technical assistance to the States applying for or awarded grants under subsection (a). ``(2) Requirements.--Technical assistance under paragraph (1) shall include-- ``(A) guidance on non-economic damages, including the consideration of individual facts and circumstances in determining appropriate payment, guidance on identifying avoidable injuries, and guidance on disclosure to patients of health care errors and adverse events; and ``(B) the development, in consultation with States, of common definitions, formats, and data collection infrastructure for States receiving grants under this section to use in reporting to facilitate aggregation and analysis of data both within and between States. ``(3) Use of common definitions, formats, and data collection infrastructure.--States not receiving grants under this section may also use the common definitions, formats, and data collection infrastructure developed under paragraph (2)(B). ``(g) Evaluation.-- ``(1) In general.--The Secretary, in consultation with the review panel established under subsection (d)(2), shall enter into a contract with an appropriate research organization to conduct an overall evaluation of the effectiveness of grants awarded under subsection (a) and to annually prepare and submit a report to Congress. Such an evaluation shall begin not later than 18 months following the date of implementation of the first program funded by a grant under subsection (a). ``(2) Contents.--The evaluation under paragraph (1) shall include-- ``(A) an analysis of the effects of the grants awarded under subsection (a) on the measures described in paragraph (3); ``(B) a comparison between and among the alternatives approved under subsection (a) of the measures described in paragraph (3); and ``(C) a comparison between and among States receiving grants approved under subsection (a) and similar States not receiving such grants of the measures described in paragraph (3). ``(3) Measures.--The evaluations under paragraph (2) shall analyze and make comparisons on the basis of-- ``(A) the nature and number of disputes over injuries allegedly caused by health care providers or health care organizations; ``(B) the nature and number of claims in which tort litigation was pursued despite the existence of an alternative under subsection (a); ``(C) the disposition of disputes and claims described in clauses (i) and (ii), including the length of time and estimated costs to all parties; ``(D) the medical liability environment; ``(E) health care quality; ``(F) patient safety in terms of detecting, analyzing, and reducing medical errors and adverse events; and ``(G) patient and health care provider and organization satisfaction with the alternative under subsection (a) and with the medical liability environment. ``(4) Funding.--The Secretary shall reserve 5 percent of the amount appropriated in each fiscal year under subsection (j) to carry out this subsection. ``(h) Option to Provide for Initial Planning Grants.--Of the funds appropriated pursuant to subsection (j), the Secretary may use a portion not to exceed $500,000 per State to provide planning grants to such States for the development of demonstration project applications meeting the criteria described in subsection (c). In selecting States to receive such planning grants, the Secretary shall give preference to those States in which State law at the time of the application would not prohibit the adoption of an alternative to current tort litigation. ``(i) Definitions.--In this section: ``(1) Health care services.--The term `health care services' means any services provided by a health care provider, or by any individual working under the supervision of a health care provider, that relate to-- ``(A) the diagnosis, prevention, or treatment of any human disease or impairment; or ``(B) the assessment of the health of human beings. ``(2) Health care organization.--The term `health care organization' means any individual or entity which is obligated to provide, pay for, or administer health benefits under any health plan. ``(3) Health care provider.--The term `health care provider' means any individual or entity-- ``(A) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or ``(B) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. ``(4) Net economic loss.--The term `net economic loss' means-- ``(A) reasonable expenses incurred for products, services, and accommodations needed for health care, training, and other remedial treatment and care of an injured individual; ``(B) reasonable and appropriate expenses for rehabilitation treatment and occupational training; ``(C) 100 percent of the loss of income from work that an injured individual would have performed if not injured, reduced by any income from substitute work actually performed; and ``(D) reasonable expenses incurred in obtaining ordinary and necessary services to replace services an injured individual would have performed for the benefit of the individual or the family of such individual if the individual had not been injured. ``(5) Non-economic damages.--The term `non-economic damages' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), injury to reputation, and all other non-pecuniary losses of any kind or nature, to the extent permitted under State law. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. Amounts appropriated pursuant to this subsection shall remain available until expended.''.

Fair and Reliable Medical Justice Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award up to ten demonstration grants to states for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations. Requires such states to: (1) develop such an alternative to current tort litigation; and (2) promote a reduction of health care errors by allowing for patient safety data related to such disputes to be collected and analyzed by organizations that engage in efforts to improve patient safety and the quality of health care.

A bill to restore fairness and reliability to the medical justice system and promote patient safety by fostering alternatives to current medical tort litigation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Military Justice and Fairness Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Commission on Military Justice and Fairness'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 15 members appointed as follows: (1) Five members appointed by the President, of whom one shall be chosen after consultation with the Attorney General and one shall be chosen after consultation with the Chief Justice of the United States and not more than three of whom may be a member of the Armed Forces on active duty or in a retired status or a member of a reserve component. (2) Three members appointed by the majority leader of the House of Representatives, not more than one of whom may be a member of the Armed Forces on active duty or in a retired status or a member of a reserve component. (3) Two members appointed by the minority leader of the House of Representatives, not more than one of whom may be a member of the Armed Forces on active duty or in a retired status or a member of a reserve component. (4) Three members appointed by the majority leader of the Senate, not more than one of whom may be a member of the Armed Forces on active duty or in a retired status or a member of a reserve component. (5) Two members appointed by the minority leader of the Senate, not more than one of whom may be a member of the Armed Forces on active duty or in a retired status or a member of a reserve component. (c) Initial Appointments.--Each member of the Commission shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Chairman.--There shall be a Chairman of the Commission who shall be designated by the President at the time of the appointment. (e) Period of Appointment.--Each member shall be appointed for the life of the Commission. (f) Vacancies.--Any vacancy shall be filled in the same manner as the original appointment of a member of the Commission. (g) Security Clearances.--The Secretary of Defense shall provide expedited processing of security clearances requested for members. SEC. 3. FUNCTIONS OF COMMISSION. The Commission shall investigate and make recommendations on the following: (1) The existence of adequate safeguards for members of the Armed Forces who report incidents of sexual misconduct, sexual harassment, or unlawful gender discrimination, and whether adequate protection from retribution is afforded to members of the Armed Forces who report such incidents. (2) The existence of adequate mechanisms for investigating sexual misconduct, sexual harassment, and unlawful gender discrimination in the Armed Forces, including the existence of investigative mechanisms outside of the chain of command of a member reporting allegations of such conduct. (3) Whether investigating officers and trial counsel in the Armed Forces are trained, and possess the resources and independence necessary, to conduct fair and thorough investigations of allegations of sexual misconduct, sexual harassment, and unlawful gender discrimination. (4) The number of incidents involving allegations of sexual assault by members of the Armed Forces that have been referred by a commanding officer for resolution through an administrative hearing rather than court-martial proceedings, and the reasons for such referrals. (5) The availability of adequate mechanisms in the Armed Forces for satisfactory resolution of complaints of sexual misconduct, sexual harassment, or unlawful gender discrimination, and whether the award of damages and attorneys fees should be a remedy available to military personnel who are victims of sexual misconduct, sexual harassment, or unlawful gender discrimination. (6) Whether court-martial jurisdiction should exist over non-service related offenses committed by members of the Armed Forces. (7) The procedures in the Armed Forces for apprehending and charging an accused and the scope of the discretionary power of commanding officers with respect to such procedures and the court-martial trial process. (8) The adequacy of the procedures for selection of jurors in the military justice system in protecting such jurors and ensuring impartial court-martial trials. (9) Whether permanent, uniform mechanisms should be established to insulate judge advocate defense counsel from other elements of the military legal structure and provide such counsel with resources equivalent to those resources available to military trial counsel. (10) Whether military judges should be afforded increased independence and some form of tenure to protect them from retribution in response to their rulings during the court- martial trial process. (11) The need for increased uniformity in sentencing in the military justice system and whether sentencing guidelines should be instituted. (12) The adequacy and effectiveness of judicial review of decisions regarding military personnel, and whether the same right to Supreme Court review should exist for courts-martial as for criminal cases in State and Federal courts. (13) The necessity for, and effectiveness of, correctional programs designed to rehabilitate offenders to continue service as members of the Armed Forces after serving a court-martial sentence. (14) The procedural protections for enlisted members of the Armed Forces who are career military personnel and the power of commanding officers to deny reenlistment to such personnel who have not yet qualified for retired pay. (15) Statistical data collection and analysis with respect to crime and sexual misconduct, sexual harassment, and unlawful gender discrimination in the Armed Forces, and whether such data is regularly reported to the Federal Bureau of Investigation. (16) The ability to exchange criminal records of members of the Armed Forces among military courts and other courts in the United States, and whether information with respect to the criminal records of members of the Armed Forces should regularly be reported to the National Crime Information Center. (17) Whether rulemaking committees that include civilian members and perform functions that are similar to the functions performed by the rulemaking committees of the Judicial Conference of the United States should be established for the military justice system. SEC. 4. REPORT. Not later than one year after the date that all the original members are appointed, the Commission shall submit to the President and the Congress a report containing a detailed statement of the Commission's findings and conclusions and the Commission's recommendations for administrative and legislative action. SEC. 5. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (b) Obtaining Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission in a full and timely manner. (c) Subpoena Power.--(1) The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. (2) If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission hearing, the Commission may apply to the United States district court in the judicial district in which the proceeding is held for an order requiring the person to comply with the subpoena or order. (d) Immunity.--The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (e) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for goods and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 6. COMMISSION PROCEDURES. (a) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. (b) Quorum.--Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (c) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. SEC. 7. PERSONNEL MATTERS. (a) Pay of Members.--Members shall not be paid by reason of their service as members. (b) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff.--(1) The Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. (2) The Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. SEC. 8. OTHER ADMINISTRATIVE PROVISIONS. (a) Postal and Printing Services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (b) Miscellaneous Administrative and Support Services.--The Secretary of Defense shall furnish the Commission, on a reimbursable basis, any administrative and support services necessary for the Commission to carry out its duties under this Act. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (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 this Act. (e) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 9. PAYMENT OF COMMISSION EXPENSES. (a) Payment Out of Department of Defense Funds.--The travel expenses and per diem allowances of members and employees of the Commission, and the compensation of employees of the Commission, shall be paid out of funds available to the Department of Defense for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department of Defense. The other expenses of the Commission shall be paid out of funds available to the Department of Defense for the payment of similar expenses incurred by that Department. (b) Prompt Transfer of Funds.--The Secretary of Defense shall promptly transfer funds to the Commission for payment of expenses incurred by the Commission upon submission to the Department of Defense of the amount of funds requested for such payment by the Chairman of the Commission. SEC. 10. TERMINATION OF COMMISSION. The Commission shall terminate not later than 90 days after submitting its report to the President and the Congress pursuant to section 4.

Commission on Military Justice and Fairness Act - Establishes the Commission on Military Justice and Fairness to investigate and report findings and recommendations to the President and the Congress concerning: (1) the existence of adequate safeguards for military personnel who report incidents of sexual misconduct, sexual harassment, or unlawful gender discrimination; (2) the existence of adequate mechanisms for investigating such incidents, including the appropriate training of investigative personnel; (3) the availability of adequate mechanisms for the resolution of complaints involving such conduct, either through administrative hearing or court-martial; and (4) military justice system procedures and related matters with regard to such cases.

Commission on Military Justice and Fairness Act

SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDUCATION INFORMATION TO VETERANS. (a) Comprehensive Policy Required.-- (1) In general.--Chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3698. Comprehensive policy on providing education information to veterans ``(a) Comprehensive Policy Required.--The Secretary shall develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces through the provision of information on institutions of higher learning. ``(b) Scope.--In developing the policy required by subsection (a), the Secretary shall include each of the following elements: ``(1) Effective and efficient methods to inform individuals of the educational and vocational counseling provided under section 3697A of this title. ``(2) A centralized mechanism for tracking and publishing feedback from students and State approving agencies regarding the quality of instruction, recruiting practices, and post-graduation employment placement of institutions of higher learning that-- ``(A) allows institutions of higher learning to verify feedback and address issues regarding feedback before the feedback is published; ``(B) protects the privacy of students, including by not publishing the names of students; and ``(C) publishes only feedback that conforms with criteria for relevancy that the Secretary shall determine. ``(3) The merit of and the manner in which a State approving agency shares with an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b) information regarding the State approving agency's evaluation of an institution of higher learning. ``(4) Description of the information provided to individuals participating in the Transition Assistance Program under section 1144 of title 10 relating to institutions of higher learning. ``(5) Effective and efficient methods to provide veterans and members of the Armed Forces with information regarding postsecondary education and training opportunities available to the veteran or member. ``(c) Postsecondary Education Information.--(1) The Secretary shall ensure that the information provided pursuant to subsection (b)(5) includes-- ``(A) an explanation of the different types of accreditation available to educational institutions and programs of education; ``(B) a description of Federal student aid programs; and ``(C) for each institution of higher learning, for the most recent academic year for which information is available-- ``(i) whether the institution is public, private nonprofit, or proprietary for-profit; ``(ii) the name of the national or regional accrediting agency that accredits the institution, including the contact information used by the agency to receive complaints from students; ``(iii) information on the State approving agency, including the contact information used by the agency to receive complaints from students; ``(iv) whether the institution participates in any programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); ``(v) the tuition and fees; ``(vi) the median amount of debt from Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) held by individuals upon completion of programs of education at the institution of higher learning (as determined from information collected by the Secretary of Education); ``(vii) the cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the institution; ``(viii) the total enrollment, graduation rate, and retention rate, as determined from information collected by the Integrated Postsecondary Education Data System of the Secretary of Education; ``(ix) whether the institution provides students with technical support, academic support, and other support services, including career counseling and job placement; and ``(x) the information regarding the institution's policies related to transfer of credit from other institutions, as required under section 485(h)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(h)(1)) and provided to the Secretary of Education under section 132(i)(1)(V)(iv) of such Act (20 U.S.C. 1015a(i)(1)(V)(iv)). ``(2) To the extent practicable, the Secretary shall provide the information described in paragraph (1) by including hyperlinks on the Internet website of the Department to other Internet websites that contain such information, including the Internet website of the Department of Education, in a form that is comprehensive and easily understood by veterans, members of the Armed Forces, and other individuals. ``(3)(A) If the Secretary of Veterans Affairs requires, for purposes of providing information pursuant to subsection (b)(5), information that has been reported, or information that is similar to information that has been reported, by an institution of higher learning to the Secretary of Education, the Secretary of Defense, the Secretary of Labor, or the heads of other Federal agencies under a provision of law other than under this section, the Secretary of Veterans Affairs shall obtain the information the Secretary of Veterans Affairs requires from the Secretary or head with the information rather than the institution of higher learning. ``(B) If the Secretary of Veterans Affairs requires, for purposes of providing information pursuant to subsection (b)(5), information from an institution of higher learning that has not been reported to another Federal agency, the Secretary shall, to the degree practicable, obtain such information through the Secretary of Education. ``(d) Consistency With Existing Education Policy.--In carrying out this section, the Secretary shall ensure that-- ``(1) the comprehensive policy is consistent with any requirements and initiatives resulting from Executive Order No. 13607; and ``(2) the efforts of the Secretary to implement the comprehensive policy do not duplicate the efforts being taken by any Federal agencies. ``(e) Communication With Institutions of Higher Learning.--To the extent practicable, if the Secretary considers it necessary to communicate with an institution of higher learning to carry out the comprehensive policy required by subsection (a), the Secretary shall carry out such communication through the use of a communication system of the Department of Education. ``(f) Definitions.--In this section: ``(1) The term `institution of higher learning' has the meaning given that term in section 3452(f) of this title. ``(2) The term `postsecondary education and training opportunities' means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 3697A the following new item: ``3698. Comprehensive policy on providing education information to veterans.''. (b) Survey.--In developing the policy required by section 3698(a) of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall conduct a market survey to determine the availability of the following: (1) A commercially available off-the-shelf online tool that allows a veteran or member of the Armed Forces to assess whether the veteran or member is academically ready to engage in postsecondary education and training opportunities and whether the veteran or member would need any remedial preparation before beginning such opportunities. (2) A commercially available off-the-shelf online tool that provides a veteran or member of the Armed Forces with a list of providers of postsecondary education and training opportunities based on criteria selected by the veteran or member. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report that includes-- (1) a description of the policy developed by the Secretary under section 3698(a) of title 38, United States Code, as added by subsection (a); (2) a plan of the Secretary to implement such policy; and (3) the results of the survey conducted under subsection (b), including whether the Secretary plans to implement the tools described in such subsection. (d) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Education and the Workforce of the House of Representatives. (2) Commercially available off-the-shelf.--The term ``commercially available off-the-shelf'' has the meaning given that term in section 104 of title 41, United States Code. (3) Postsecondary education and training opportunities.--The term ``postsecondary education and training opportunities'' means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces. SEC. 2. PROHIBITION ON CERTAIN USES OF INDUCEMENTS BY EDUCATIONAL INSTITUTIONS. Section 3696 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall not approve under this chapter any course offered by an educational institution if the educational institution provides any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. ``(2) To the degree practicable, the Secretary shall carry out paragraph (1) in a manner that is consistent with the Secretary of Education's enforcement of section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).''. SEC. 3. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS. Section 3684 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d) Not later than 90 days after the date of the enactment of this subsection, the Secretary shall ensure that the Department provides personnel of educational institutions who are charged with submitting reports or certifications to the Secretary under this section with assistance in preparing and submitting such reports or certifications.''. SEC. 4. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. For fiscal year 2013, the Secretary of Veterans Affairs may not pay more than $395,000,000 in awards or bonuses under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 19, 2012. The summary of that version is repeated here.) Directs the Secretary of Veterans Affairs (VA) to develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces (members) through the provision of information on institutions of higher learning. Requires such information to: (1) include accreditation information and a description of available federal aid programs, and (2) be provided through hyperlinks on the VA website. Requires the Secretary, in developing the policy, to conduct a market survey to determine the availability of a commercially available off-the-shelf online tool that: (1) allows veterans to determine whether they are academically ready to engage in postsecondary education and training opportunities, and (2) provides a list of providers of such opportunities. Directs the Secretary to report to the congressional veterans and education committees on: (1) the policy developed, (2) a plan to implement the policy, and (3) survey results. Prohibits the Secretary from approving an educational institution that provides any commission, bonus, or other incentive payment based on success in securing enrollments. Directs the Secretary to ensure that the VA provides assistance to personnel of educational institutions who are charged with submitting reports or certifications to the VA. Prohibits the Secretary from paying more than $395 million in VA employee incentive awards or performance bonuses during FY2013.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces through the provision of information on institutions of higher learning, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay-Delta Estuary Restoration Act of 1993''. SEC. 2. IMPLEMENTATION OF COMPREHENSIVE PLAN FOR SAN FRANCISCO BAY- DELTA ESTUARY. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following new section: ``SEC. 121. SAN FRANCISCO BAY-DELTA ESTUARY. ``(a) Establishment of Executive Council and Office.--The Administrator shall establish an Executive Council of the San Francisco Bay-Delta Estuary Restoration Program (hereinafter in this section referred to as the `Executive Council'). ``(b) Executive Council.-- ``(1) Duties.--The Executive Council shall oversee and coordinate the implementation of the Comprehensive Conservation and Management Plan for the San Francisco Bay-Delta Estuary developed pursuant to section 320 of this Act (hereinafter in this section referred to as the `Comprehensive Plan'). ``(2) Membership.--The Executive Council shall be composed of 5 members as follows: ``(A) The Regional Administrator of the Environmental Protection Agency for Region IX. ``(B) The Regional Director of the United States Fish and Wildlife Service for Region I. ``(C) 1 member appointed by the Administrator, in consultation with the San Francisco Estuary Project's Management Committee, from among individuals who are representatives of State agencies responsible for resource management. ``(D) 1 member appointed by the Administrator, in consultation with the San Francisco Estuary Project's Management Committee, from among individuals who are representatives of State agencies responsible for environmental management. ``(E) 1 member appointed by the Administrator, in consultation with the San Francisco Estuary Project's Management Committee, from among individuals who are local elected officials for the San Francisco Bay-Delta region. ``(3) Powers.-- ``(A) Establishment of restoration program office.--The Executive Council shall establish an Office of the San Francisco Bay-Delta Estuary Restoration Program (hereinafter in this section referred to as the `Office') to be located on or near the San Francisco Bay-Delta Estuary. ``(B) Implementation committee.--The Executive Council shall establish an Implementation Committee to provide assistance to the Council in carrying out its duties and implementing the comprehensive plan referred to in paragraph (1). The Implementation Committee shall be composed of not to exceed 25 members including the following: ``(i) Members appointed by the Executive Council from among individuals who are representatives of local, State, and Federal agencies involved in implementing the Comprehensive Plan. ``(ii) 3 members appointed by the Executive Council from among individuals recommended by the environmental representatives on the San Francisco Estuary Project's Management Committee to represent the San Francisco Bay- Delta Estuary environmental community. ``(iii) 3 members appointed by the Executive Council from among individuals recommended by the business, water use, and discharger representatives on the San Francisco Estuary Project's Management Committee to represent the San Francisco Bay-Delta business, water use, and discharger communities. ``(iv) 1 member appointed by the Executive Council from among individuals recommended by the fisheries representatives on the San Francisco Estuary Project's Management Committee to represent fisheries. ``(C) Additional advisory committees.--The Executive Council may establish such additional advisory committees as the Council determines to be necessary to implement the Comprehensive Plan. ``(D) Evaluation and reporting.--Not later than 2 years after the date of approval of the Comprehensive Plan, and biennially thereafter, the Executive Council shall issue a public report to the Administrator, the Governor of California, and Congress which-- ``(i) evaluates the progress made in implementing the Comprehensive Plan; ``(ii) identifies anticipated priorities and needs for future implementation of the Comprehensive Plan; ``(iii) specifies recommendations and justification for potential modifications to the Comprehensive Plan; and ``(iv) summarizes any modifications to the Comprehensive Plan that may have been approved in the 24-month period immediately preceding such report. The report shall be prepared in a manner consistent with specified review procedures that allow for effective input from the involved agencies and the public. ``(c) Office.-- ``(1) Administration and staffing.-- ``(A) In general.--The Office shall be headed by a Director, appointed by the Executive Council, who shall select additional appropriate staff as may be necessary to carry out the duties of the Director under this section. ``(B) Applicability of certain civil service laws.--The Director and staff of the Office may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid 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. ``(2) Duties.-- ``(A) In general.--The Director shall-- ``(i) assist the Executive Council and the Implementation Committee in carrying out its goals; ``(ii) be the primary supervisor of the programs and activities of the Office; and ``(iii) be responsible for developing and implementing the Office's work plan and budget. ``(B) Specified duties.--The Director's duties shall also include such additional duties as may be specified by the Executive Council and the Implementation Committee. Such duties shall include, but not be limited to, the following: ``(i) Assisting and supporting the implementation of the Comprehensive Plan to ensure success toward achieving the following vision for the San Francisco Bay-Delta Estuary set forth in the Comprehensive Plan: `We, the people of California and the San Francisco Bay- Delta region, believe the San Francisco Bay- Delta Estuary is an international treasure and that our ongoing stewardship is critical to its preservation, restoration, and enhancement. Acknowledging the importance of the Estuary to our environmental and economic well-being, we pledge to achieve and maintain an ecologically diverse and productive natural estuarine system.'. ``(ii) Conducting, coordinating, and commissioning research, studies, and activities considered necessary for implementation of the Comprehensive Plan in order to accomplish the mission statements identified in the Comprehensive Plan. ``(iii) Identifying and pursuing options for long-term financing of actions under the Comprehensive Plan. ``(iv) Identifying and coordinating the grant, research, and planning programs authorized under this section. ``(v) Coordinating activities and implementing responsibilities with-- ``(I) other Federal agencies and State and local agencies which have jurisdiction over the San Francisco Estuary; ``(II) the federally approved State coastal management program for San Francisco Bay; and ``(III) national and regional marine monitoring and research programs. ``(vi) Providing administrative and technical support to the Executive Council, the Implementation Committee, and any other advisory committees established by the Executive Council. ``(vii) Assisting the Executive Council to ensure that the Comprehensive Plan's public involvement and education program is carried out. ``(viii) Assisting the Executive Council to ensure that an estuary-wide monitoring program and a coordinated estuary research program are underway through the coordination of the proposed San Francisco Estuarine Institute. ``(ix) Assisting the Executive Council with preparation of biennial reports that evaluate the success of the Comprehensive Plan and identify recommendations for improved implementation. ``(x) Convening conferences and meetings for legislators from Federal, State, and local governments and political subdivisions thereof for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restoration of the San Francisco Bay-Delta Estuary and the implementation of the Comprehensive Plan. ``(d) Grants.-- ``(1) In general.--The Administrator, acting through the Director, may make grants to eligible recipients described in paragraph (3) for projects and studies which will help in implementation of the Comprehensive Plan. ``(2) Additional authority.--In addition, the Administrator may make grants to eligible recipients for the purpose of acquiring such remnant habitats, acquiring and restoring such degraded wetlands and uplands, and promoting the reuse of such dredged material as may be necessary for implementation of the Comprehensive Plan. ``(3) Eligible recipients.--State, interstate, coastal management, and regional water pollution control agencies and other public and nongovernmental nonprofit agencies, institutions, and organizations shall be eligible for grants under this subsection. ``(4) Priority.--In making grants under this subsection, priority consideration shall be given-- ``(A) to establishing the San Francisco Estuarine Institute to coordinate implementation of the Comprehensive Plan's research and monitoring program; ``(B) to activities to conduct the Comprehensive Plan's public involvement and education program; and ``(C) to other activities contained in the Comprehensive Plan that are identified as priority activities by the Implementation Committee and the Executive Council. ``(4) Federal share.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the Federal share of the cost of a project or study receiving amounts from a grant under this subsection shall not exceed 75 percent in the aggregate. ``(B) Grants to nongovernmental nonprofit recipients.--Except as provided in subparagraph (C), for grants made to nongovernmental nonprofit recipients, the Federal share of the cost of a project shall not exceed 95 percent in the aggregate. ``(C) Grants for restoration projects.--For grants authorized under paragraph (2), the Federal share of the cost of a project shall not exceed 50 percent in the aggregate. The Administrator, acting through the Director, shall determine the percentage of the required non-Federal match on a case-by-case basis. Priority shall be given to projects that demonstrate cooperative approaches, including interagency efforts and partnerships between public and private entities. ``(D) Non-federal sources.--A grant under this subsection to carry out a project shall be made on the condition that the non-Federal share of the cost of the project will be provided by non-Federal sources. ``(e) Authorizations.--There is authorized to be appropriated to the Administrator-- ``(1) for the implementation of this section, other than subsections (c)(1) and (d), such sums as may be necessary for each of fiscal years 1994 through 1998; ``(2) for the implementation of subsection (c)(1) not to exceed $3,000,000 per fiscal year for each of fiscal years 1994 through 1998; and ``(3) for the implementation of subsection (d) not to exceed $10,000,000 per fiscal year for each of fiscal years 1994 through 1998.''.

San Francisco Bay-Delta Estuary Restoration Act of 1993 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to establish an Executive Council of the San Francisco Bay-Delta Estuary Restoration Program to oversee the implementation of the Comprehensive Conservation and Management Plan for the San Francisco Bay-Delta Estuary. Requires the Council to establish an Office of the San Francisco Bay-Delta Estuary Restoration Program and an Implementation Committee. Authorizes the Administrator to make grants to eligible recipients for: (1) projects and studies to help in implementation of the Comprehensive Plan; and (2) the acquisition of remnant habitats, restoration of degraded wetlands and uplands, and the reuse of dredged material. Authorizes appropriations.

San Francisco Bay-Delta Estuary Restoration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Authorization Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Science Foundation merits praise and public recognition for its major contributions during the past 50 years to the development of the Nation's academic research enterprise, which is the envy of the world. (2) The economic strength and security of the United States and the quality of life of all Americans are grounded in the Nation's scientific and technological capabilities. (3) The National Science Foundation plays a key role in the support of basic research in all science and engineering disciplines and in science, mathematics, engineering, and technology education at all levels. (4) The research and education activities of the National Science Foundation promote the discovery, integration, dissemination, and application of new knowledge in service to society and prepare future generations of scientists, mathematicians, and engineers who will be necessary to ensure America's leadership in the global marketplace. (5) The National Science Foundation must be provided with sufficient resources to enable it to carry out its responsibilities to develop intellectual capital, strengthen the scientific infrastructure, integrate research and education, and enhance the delivery of mathematics and science education and improve the technological literacy of all citizens. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Year 2002.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $5,078,400,000 for fiscal year 2002. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $3,859,700,000 shall be made available to carry out Research and Related Activities, of which-- (i) $561,000,000 shall be made available for Biological Sciences; (ii) $556,300,000 shall be made available for Computer and Information Science and Engineering; (iii) $489,400,000 shall be made available for Engineering; (iv) $624,400,000 shall be made available for Geosciences; (v) $1,028,700,000 shall be made available for Mathematical and Physical Sciences, of which $210,000,000 shall be made available for Mathematical Sciences; (vi) $189,000,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $236,000,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $112,300,000 shall be made available for Integrative Activities, of which $75,000,000 shall be made available for Major Research Instrumentation; (B) $903,400,000 shall be made available for Education and Human Resources, of which-- (i) such sums as may be necessary shall be made available to allow for a minimum of 900 new awards for Graduate Research Fellowships; (ii) $18,000,000 shall be made available for evaluation activities carried out by the Research, Evaluation and Communication division; and (iii) $67,000,000 shall be made available for research activities carried out by the Research, Evaluation and Communication division, of which $25,000,000 shall be made available for the Interagency Research Initiative; (C) $135,200,000 shall be made available for Major Research Equipment, of which-- (i) $17,400,000 shall be made available for the EarthScope; (ii) $16,900,000 shall be made available for the Large Hadron Collider; (iii) $9,000,000 shall be made available for Millimeter Array; (iv) $12,500,000 shall be made available for HIAPER; (v) $55,000,000 shall be made available for Terascale Computing Systems; and (vi) $24,400,000 shall be made available for the Network for Earthquake Engineering Simulation; (D) $173,300,000 shall be made available for Salaries and Expenses; and (E) $6,800,000 shall be made available for the Office of Inspector General. (b) Fiscal Year 2003.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $5,840,200,000 for fiscal year 2003. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $4,471,700,000 shall be made available to carry out Research and Related Activities, of which-- (i) $634,000,000 shall be made available for Biological Sciences; (ii) $645,200,000 shall be made available for Computer and Information Science and Engineering; (iii) $553,000,000 shall be made available for Engineering; (iv) $706,000,000 shall be made available for Geosciences; (v) $1,216,900,000 shall be made available for Mathematical and Physical Sciences, of which $300,000,000 shall be made available for Mathematical Sciences; (vi) $259,000,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $267,000,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $128,000,000 shall be made available for Integrative Activities, of which $85,000,000 shall be made available for Major Research Instrumentation; (B) $1,038,900,000 shall be made available for Education and Human Resources, of which-- (i) such sums as may be necessary shall be made available to allow for a minimum of 900 new awards for Graduate Research Fellowships; (ii) $20,000,000 shall be made available for evaluation activities carried out by the Research, Evaluation and Communication division; and (iii) $77,000,000 shall be made available for research activities carried out by the Research, Evaluation and Communication division, of which $28,000,000 shall be made available for the Interagency Research Initiative; (C) $138,700,000 shall be made available for Major Research Equipment, of which-- (i) $28,500,000 shall be made available for the EarthScope; (ii) $9,700,000 shall be made available for the Large Hadron Collider; (iii) $15,000,000 shall be made available for Millimeter Array; (iv) $12,000,000 shall be made available for the National Ecological Observatory Network; (v) $39,500,000 shall be made available for HIAPER; and (vi) $4,500,000 shall be made available for the Network for Earthquake Engineering Simulation; (D) $183,700,000 shall be made available for Salaries and Expenses; and (E) $7,200,000 shall be made available for the Office of Inspector General. (c) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $6,716,200,000 for fiscal year 2004. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $5,176,300,000 shall be made available to carry out Research and Related Activities, of which-- (i) $329,000,000 shall be made available for Social, Behavioral, and Economic Sciences; (ii) $390,000,000 shall be made available for Mathematical Sciences; and (iii) $100,000,000 shall be made available for the Major Research Instrumentation; (B) $1,194,700,000 shall be made available to carry out Education and Human Resources; (C) $142,900,000 shall be made available for Major Research Equipment, of which-- (i) $15,700,000 shall be made available for the EarthScope; (ii) $25,000,000 shall be made available for Millimeter Array; (iii) $20,000,000 shall be made available for the National Ecological Observatory Network; (iv) $7,500,000 shall be made available for HIAPER; and (v) $17,000,000 shall be made available for the Network for Earthquake Engineering Simulation; (D) $194,700,000 shall be made available for Salaries and Expenses; and (E) $7,600,000 shall be made available for the Office of Inspector General. (d) Fiscal Year 2005.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $7,723,600,000 for fiscal year 2005. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $5,988,000,000 shall be made available to carry out Research and Related Activities, of which $480,000,000 shall be made available for Mathematical Sciences; (B) $1,373,900,000 shall be made available to carry out Education and Human Resources; (C) $147,200,000 shall be made available for Major Research Equipment, of which-- (i) $13,200,000 shall be made available for the EarthScope; (ii) $35,000,000 shall be made available for Millimeter Array; (iii) $27,000,000 shall be made available for the National Ecological Observatory Network; and (iv) $7,500,000 shall be made available for HIAPER; (D) $206,400,000 shall be made available for Salaries and Expenses; and (E) $8,100,000 shall be made available for the Office of Inspector General. SEC. 4. PRIORITY FOR RESOURCE ALLOCATION. In allocating resources made available under section 3 for Research and Related Activities, the National Science Foundation shall give priority to increasing average grant size and duration. SEC. 5. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES AMOUNTS. If the amount appropriated pursuant to section 3(a)(2)(A), 3(b)(2)(A), or 3(c)(2)(A) is less than the amount authorized under that subparagraph, the amount available for each scientific directorate and major activity under that subparagraph shall be reduced by the same proportion. SEC. 6. CONSULTATION AND REPRESENTATION EXPENSES. From appropriations made under authorizations provided in this Act, the Director of the National Science Foundation may use not more than $10,000 in each fiscal year for official consultation, representation, or other extraordinary expenses. SEC. 7. MAJOR RESEARCH INSTRUMENTATION. The National Science Foundation shall conduct a review and assessment of the Major Research Instrumentation Program and provide a report to Congress on its findings and recommendations by September 1, 2002. The report shall include-- (1) estimates of the needs, by major field of science and engineering, of institutions of higher education for the types of research instrumentation that are eligible for acquisition under the guidelines of the Major Research Instrumentation Program; (2) the distribution of awards and funding levels by year and by major field of science and engineering for the Major Research Instrumentation Program, since the inception of the Program; and (3) an analysis of the impact of the Major Research Instrumentation Program on the research instrumentation needs that were documented in the National Science Foundation's 1994 survey of academic research instrumentation needs. SEC. 8. ASSESSMENT AND PLAN FOR PROGRAMS TO ENCOURAGE CAREERS IN SCIENCE AND ENGINEERING BY UNDERREPRESENTED GROUPS. (a) Assessment.--The Director of the National Science Foundation shall conduct a review and assessment of the precollege and undergraduate programs of the National Science Foundation that are focused on increasing the numbers of individuals pursuing careers in science, mathematics, and engineering, who are from segments of the population underrepresented in these career fields. The study shall-- (1) determine the effectiveness of the Foundation's programs, with emphasis on quantitative evidence of the programs' impact on increasing the numbers of individuals obtaining baccalaureate and graduate degrees in science, mathematics, and engineering and subsequently entering careers in those fields; (2) identify the principal characteristics of effective programs and factors that would affect the replication of effective programs at other sites; and (3) develop recommendations for surveys and for other data collection and analysis activities that would strengthen the Foundation's capability to assess the effectiveness of these programs and to replicate and enlarge successful programs. (b) Plan.--On the basis of the assessment under subsection (a), the Director shall develop a plan for-- (1) instituting a research grants program and allocating resources for the Foundation's internal assessment activities to address recommendations developed under subsection (a)(3); and (2) scaling up and replicating programs and activities that have been determined to be effective in increasing the numbers of baccalaureate and graduate degrees in science, mathematics, and engineering from segments of the population underrepresented in these career fields. (c) Transmittal to Congress.--The National Science Foundation shall transmit to Congress within 18 months after the date of enactment of this Act a report setting forth the findings, conclusions, and recommendations of the assessment conducted in accordance with subsection (a) and the plan developed in accordance with subsection (b), including recommended funding levels for proposed programs and activities. SEC. 9. NATIONAL RESEARCH FACILITIES PLAN. Section 201 of the National Science Foundation Authorization Act of 1998 is amended by adding at the end the following new subsection: ``(c) Cost Categories.--All cost data on facilities construction, repair and upgrades, operations, and maintenance provided in the plan required under subsection (a) shall indicate the source of the funds by appropriations account. Data supplied on operations costs shall indicate current and planned funding for instrumentation development and upgrades required to maintain the scientific value of the facility.''. SEC. 10. REPORTS ELIMINATION. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: (1) Section 4(j)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). (2) Section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)). (3) Section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (4) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886). (5) Section 101(a)(3) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)). (6) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)). (7) Section 7(a) of the National Science Foundation Authorization Act, 1977 (42 U.S.C. 1873 note).

National Science Foundation Authorization Act of 2001 - Authorizes appropriations to the National Science (NSF) for FY 2002 through 2005, with specific allocations for Research and Related Activities, Education and Human Resources, Major Research Equipment, Salaries and Expenses, and the Office of Inspector General.Requires NSF, in allocating resources made available for Research and Related Activities, to give priority to increasing average grant size and duration.Prohibits the Director of NSF from using more than $10,000 in each fiscal year for official consultation, representation, or other extraordinary expenses.Requires NSF to assess and report to Congress on: (1) the Major Research Instrumentation Program; and (2) precollege and undergraduate programs of NSF that are focused on increasing the numbers of individuals pursuing careers in science, mathematics, and engineering who are from segments of the population underrepresented in these career fields.Prohibits the application of the Federal Reports Elimination and Sunset Act of 1995 with respect to specified NSF reports.

To authorize appropriations for fiscal years 2002, 2003, 2004, and 2005 for the National Science Foundation, and for other purposes.

SECTION 1. PILOT PROGRAM ON PROVISION OF FURNITURE, HOUSEHOLD ITEMS, AND OTHER ASSISTANCE TO HOMELESS VETERANS MOVING INTO PERMANENT HOUSING. (a) Pilot Program Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to provide furniture, household items, and other assistance to covered veterans moving into permanent housing to facilitate the settlement of such covered veterans in such housing. (2) Eligible entities.--For purposes of the pilot program, an eligible entity is any of the following: (A) A veterans service agency. (B) A veterans service organization. (C) A nongovernmental organization that-- (i) is described in paragraph (3), (4), or (19) of section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code; and (ii) has an established history of providing assistance to veterans or the homeless. (3) Covered veterans.--For purposes of the pilot program, a covered veteran is any of the following: (A) A formerly homeless veteran who is receiving housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). (B) A veteran who is receiving-- (i) assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code; or (ii) services for which per diem payment is received under section 2012 of such title. (C) A veteran who is-- (i) a beneficiary of the outreach program carried out under section 2022(e) of such title; or (ii) in receipt of referral or counseling services from the program carried out under section 2023 of such title. (D) A veteran who is receiving a service or assistance under section 2031 of such title. (E) A veteran who is residing in therapeutic housing operated under section 2032 of such title. (F) A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. (G) A veteran who is receiving supportive services under section 2044 of such title. (4) Duration.--The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. (b) Grants.-- (1) In general.--The Secretary shall carry out the pilot program through the award of grants to eligible entities for the provision of furniture and other household items as described in subsection (a)(1). (2) Maximum amount.--The amount of a grant awarded under the pilot program shall not exceed $500,000. (c) Selection of Grant Recipients.-- (1) Application.--An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (2) Selection priority.-- (A) Communities with greatest need.--Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under the pilot program to eligible entities who serve communities which the Secretary determines have the greatest need of homeless services. (B) Geographic distribution.--The Secretary may give priority in the awarding of grants under the pilot program to achieve a fair distribution, as determined by the Secretary, among eligible entities serving covered veterans in different geographic regions, including in rural communities and tribal lands. (d) Use of Grant Funds.-- (1) In general.--Except as provided in paragraph (2), each eligible entity receiving a grant under the pilot program shall use the grant-- (A) to coordinate with the Secretary to facilitate distribution of furniture and other household items to covered veterans moving into permanent housing; (B) to purchase, or otherwise obtain via donation, furniture and household items for use by such covered veterans; (C) to distribute such furniture and household items to such covered veterans; and (D) to pay for background checks, provide security deposits, provide funds for utilities, and provide moving expenses for such covered veterans that are necessary for the settlement of such covered veterans in such housing. (2) Maximum amount of assistance.--A recipient of a grant awarded under the pilot program may not expend more than $2,500 of the amount of the grant awarded for the provision to a single covered veteran of assistance under the pilot program. (3) Memorandums of understanding.--In the case of an eligible entity receiving a grant under the pilot program that entered into a memorandum of understanding with the Secretary before the date of the enactment of this Act that provides for the provision of furniture and other household items to covered veterans as described in subsection (a) without Federal compensation, the eligible entity may use the grant in accordance with the provisions of such memorandum of understanding in lieu of paragraph (1). (4) Full use of funds.-- (A) In general.--A recipient of a grant awarded under the pilot program shall use the full amount of the grant by not later than one year after the date on which the Secretary awards such grant. (B) Recovery.--The Secretary may recover from a recipient of a grant awarded under this section all of the unused amounts of the grant if all of the amounts of the grant are not used-- (i) pursuant to paragraph (1) and subparagraph (A) of this paragraph; or (ii) in a case described in paragraph (3), pursuant to an applicable memorandum of understanding. (e) Outreach.--The Secretary shall conduct outreach, including under chapter 63 of title 38, United States Code, to inform covered veterans about their eligibility to receive household items, furniture, and other assistance under the pilot program. (f) Regulations.--The Secretary shall prescribe regulations for-- (1) evaluating an application by an eligible entity for a grant under the pilot program; and (2) otherwise administering the pilot program. (g) Report.-- (1) In general.--Not later than the date that is 90 days after the last day of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (2) Contents.--The report submitted under paragraph (1) shall include the following: (A) An assessment of the pilot program. (B) The findings of the Secretary with respect to the feasibility and advisability of awarding grants to eligible entities as described in subsection (a)(1). (C) Such recommendations as the Secretary may have for legislative or administrative action to facilitate the settlement of covered veterans into permanent housing. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each year of the pilot program. (i) Definitions.--In this section: (1) Outreach.--The term ``outreach'' has the meaning given such term in section 6301(b)(1) of title 38, United States Code. (2) Veterans service agency.--The term ``veterans service agency'' means a unit of a State government, or a political subdivision thereof, that has primary responsibility for programs and activities of such government or subdivision related to veterans benefits. (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Directs the Secretary of Veterans Affairs (VA) to conduct a three-year pilot program to assess the feasibility and advisability of awarding grants to veterans service agencies, veterans service organizations, and nongovernmental tax-exempt organizations with experience assisting veterans or the homeless to provide veterans who are receiving specified VA homeless benefits with furniture, household items, and other assistance to facilitate their settlement into permanent housing. Requires the Secretary to: (1) give grant priority to applicants who serve communities that have the greatest need of homeless services, and (2) inform veterans of their eligibility to receive benefits under the pilot program. Caps the amount of each grant and the amount of each grant that a grantee may use to provide benefits to an individual veteran.

A bill to require the Secretary of Veterans Affairs to establish a pilot program on awarding grants for provision of furniture, household items, and other assistance to homeless veterans to facilitate their transition into permanent housing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missing Service Personnel Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that any member of the Armed Forces or any civilian officer or employee serving with or accompanying an Armed Force in the field under orders is fully accounted for by the Federal Government and, as a general rule, may not be declared dead solely because of the passage of time. SEC. 3. REQUIREMENTS WITH RESPECT TO MISSING PERSONS. Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1058. Missing persons: informal investigations; boards of inquiry; determinations of death; personnel files ``(a) Informal Investigations.--After receiving notice that a person under the command of an element of the armed forces is missing, the responsible commander shall conduct an informal investigation to determine that person's whereabouts and, if appropriate, shall place the missing person in a missing status. ``(b) Boards of Initial Inquiry; Duties.--(1) If a missing person placed in a missing status under subsection (a) is a member of the armed forces on active duty, the responsible commander who places that person in a missing status shall, as soon as feasible after placing that person in a missing status, notify the officer holding general court-martial authority over that person that the person has been placed in a missing status, and such officer shall convene a board of initial inquiry not later than 45 days after receiving such notice. ``(2) If a missing person placed in a missing status under subsection (a) is a civilian, the responsible commander who places that person in a missing status shall, as soon as feasible after placing that person in a missing status, notify the Secretary concerned that that person has been placed in a missing status, and the Secretary concerned shall convene a board of initial inquiry not later than 45 days after receiving such notice. ``(3) A board of initial inquiry convened under this subsection shall-- ``(A) investigate and analyze evidence relating to the disappearance of the missing person; ``(B) based upon such evidence, recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and ``(C) issue a report describing its recommendations and findings. ``(c) Boards of Further Inquiry; Duties.--(1) If a board of initial inquiry convened under subsection (b) recommends that a missing person be continued in a missing status, the Secretary concerned shall convene a board of further inquiry not later than one year after the date on which the board of initial inquiry issues its recommendation. The board of further inquiry shall-- ``(A) analyze any information which has become available since the board of initial inquiry issued its report; ``(B) based upon such information and a review of evidence presented during the board of initial inquiry, determine whether such person should be continued in a missing status or should be declared dead; and ``(C) issue a report describing its recommendations and findings. ``(2) Upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this section, was determined by the Secretary concerned to be dead, the Secretary concerned shall convene a board of further inquiry which shall-- ``(A) conduct an investigation to determine whether such finding of death should be upheld or such person should be placed in a missing status; and ``(B) issue a report describing its recommendations and findings. ``(3) If a board of further inquiry convened under this subsection recommends continuing the missing status of a missing person or placing a missing person previously found to be dead in a missing status, the Secretary concerned shall reconvene such board to review the missing status of such person not later than three years after such recommendation is made. ``(d) Composition and Meetings of Boards.--(1) Each board convened under subsection (b) or (c) shall be composed of members of the armed forces on active duty (except as provided in subparagraph (C)) and shall include-- ``(A) one attorney; ``(B) one person who is a member of the armed forces whose primary military occupational specialty is the same occupational specialty as that of the missing person at the time of such missing person's disappearance; ``(C) if the missing person being investigated is a civilian, one person whose occupational specialty is similar to the occupational specialty of such missing person at the time of such missing person's disappearance; and ``(D) if the missing person being investigated disappeared while in transit, one person who is a member of the armed forces whose military occupational specialty pertains to the piloting, navigating, or operating of the mode of transportation used by such missing person at the time of his disappearance. ``(2) The Secretary concerned shall invite each member of the immediate family of the missing person being investigated to attend any meeting of a board of initial inquiry convened under subsection (b) unless he determines, in consultation with the commander of the military installation at which such meeting is convened, that attendance at such a meeting would place such family members in physical danger. In the case of the meetings of a board of further inquiry convened or reconvened under subsection (c), the Secretary concerned shall-- ``(A) invite each member of the immediate family of such missing person to attend such meetings; ``(B) attempt to schedule such meetings at locations and times convenient for the members of the immediate family of such missing person; ``(C) provide members of the immediate family of such missing person with reasonable notice of the time and location of such meetings; and ``(D) open such meetings to the general public. ``(3) Each board convened under subsection (b) or (c) may hold such meetings, take such testimony, and receive such evidence as it considers appropriate, and may secure directly from any department or agency of the United States any information necessary to carry out its duties under this section. ``(e) Appointment of Counsel.--The officer or Secretary concerned who convenes a board under subsection (b) or (c) shall appoint counsel to represent the missing person. Counsel appointed under this subsection shall have the qualifications prescribed under section 827(b) of this title (article 27(b) of the Uniform Code of Military Justice). ``(f) Determinations of Death.--If a board convened under subsection (b) or (c) determines that a missing person is dead, it shall include in its report a detailed description of the location where the death occurred, the date on which the death occurred, whether the body has been recovered, and, if the body has been recovered, whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. No missing person may be declared dead by a board convened under subsection (a) unless-- ``(1) evidence other than the passage of a period of time of less than 50 years exists which suggests that the person is dead; ``(2) no evidence which reasonably suggests that such person is alive is in the possession of the Federal Government; ``(3) representatives of the Federal Government have made a complete search of the area where such person was last seen (unless, after making every good faith effort to obtain access to such area, the United States is not granted such access); and ``(4) representatives of the Federal Government have examined the records of the government or entity having control over the area where such person was last seen (unless, after making every good faith effort to obtain access to such records, the United States is not granted such access). ``(g) Judicial Review.--(1) Any member of the immediate family of a missing person who was found by a board convened under subsection (b) or (c)(1) to be dead, or the finding of whose death was upheld by a board convened under subsection (c)(2), may obtain a review of such finding in the court of appeals of the United States within the circuit where such member resides or where the finding of death was made or upheld. Such family member may obtain such review if, at any time after receiving notice of such finding, the family member files in the court a written petition requesting that the finding be set aside. ``(2) The decision of the court of appeals shall be final, except that it shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28. ``(3) If the court of appeals sets aside the finding of death and if-- ``(A) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed; ``(B) the petition for certiorari has been denied; or ``(C) the decision of the court of appeals has been affirmed by the Supreme Court; the Secretary concerned shall convene a board of further inquiry under subsection (c)(2) to review the missing person's status not later than three years after the date on which the finding is set aside, the petition for certiorari is denied, or the Supreme Court affirms the decision of the court of appeals. ``(h) Personnel Files.--(1) Except as provided in paragraph (2), the Secretary concerned shall ensure that a missing person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. ``(2) If classified information is withheld from the personnel file of a missing person, the Secretary concerned shall ensure that the file-- ``(A) contains a notice that the information exists; and ``(B) contains a notice of the date of the most recent review of the classification status of the information. ``(3) Any person who knowingly and willfully withholds information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file shall be fined as provided in title 18 or imprisoned not more than one year, or both. ``(4) The Secretary concerned shall make the contents of the personnel file of a missing person available to a member of the immediate family of such person upon the written request of such family member. ``(i) Effect on State Law.--Nothing in this section shall be construed to invalidate or limit the power of any State court or administrative entity, or the power of any court or administrative entity of any political subdivision thereof, to find or declare a person dead for purposes of the law of such State or political subdivision. ``(j) Definitions.--In this section: ``(1) The term `member of the immediate family' means the spouse, each adopted or natural child, each parent, and each sibling. ``(2) The term `military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department. ``(3) The term `missing person' means-- ``(A) a member of the armed forces on active duty who is missing; or ``(B) a civilian officer or employee serving with or accompanying an armed force under orders who is missing. ``(4) The term `missing status' means the status of a missing person who is determined to be absent in a status of-- ``(A) missing; ``(B) missing in action; ``(C) interned in a foreign country; ``(D) captured, beleaguered, or besieged by a hostile force; or ``(E) detained in a foreign country against his will. ``(5) The term `State' means any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.''. SEC. 4. CONFORMING AND CLERICAL AMENDMENTS. (a) Conforming Amendments.--(1) Section 555 of title 37, United States Code, is repealed. (2) Chapter 10 of title 37, United States Code, is amended-- (A) in the last sentence of section 552(a), by striking the second comma and all that follows and inserting a period; (B) in the second sentence of section 552(b)(2), by striking the hyphen and all that follows and inserting ``that his death is determined under section 1057 of title 10''; (C) in section 552(e), by striking ``section 555 of this title'' and inserting ``section 1057 of title 10''; (D) in section 553(f)-- (i) by striking ``When the Secretary concerned'' and inserting ``When a board convened under section 1057 of title 10''; and (ii) by striking ``the Secretary concerned receives evidence'' and inserting ``a board convened under section 1057 of title 10 reports''; (E) in section 553(g) by striking ``section 555 of this title'' and inserting ``section 1057 of title 10''; (F) in section 556(a)-- (i) by inserting ``and'' at the end of paragraph (3); (ii) by striking the semicolon at the end of paragraph (4) and inserting a period; and (iii) by striking paragraphs (1), (5), (6), and (7) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (G) in section 556(h)-- (i) by striking ``status'' and inserting ``pay''; and (ii) by striking the second sentence; (H) in section 556, by striking subsection (b) and redesignating subsections (c), (d), (e), (f), (g), and (h) as subsections (b), (c), (d), (e), (f), and (g), respectively; (I) in paragraph (1) of section 557(a), by striking ``, 553, and 555'' and inserting ``and 553''; and (J) in paragraph (4)(B) of section 559(a), by striking ``556(f)'' and inserting ``556(e)''. (b) Clerical Amendments.--(1) The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by adding at the end the following new item: ``1058. Missing persons: informal investigations; boards of inquiry; determinations of death; personnel files.''. (2) The table of sections at the beginning of chapter 10 of title 37, United States Code, is amended by striking the item relating to section 555.

Missing Service Personnel Act of 1993 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Provides for the convening of boards of inquiry to: (1) investigate evidence relating to the disappearance of a person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Directs the Secretary to invite each member of the immediate family of the missing person to board meetings unless attendance would place such member in danger. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of fewer than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) Government representatives have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death. Sets forth penalties for knowingly withholding information pertaining to a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.

Missing Service Personnel Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Operations Forces Retention Improvement Act of 2006''. SEC. 2. INCLUSION OF SPECIFIED SPECIAL AND INCENTIVE PAYS IN COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE ARMED FORCES WITH A SPECIAL OPERATIONS FORCES DESIGNATION. (a) In General.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1415. Members with special operations forces designation: increase in retired pay for receipt of certain special pays ``(a) Increase in Retired Pay for Qualifying Members.--The retired pay of a member who is a qualifying special operations forces member and who retires on or after the date of the enactment of this section shall be increased by the amount determined under subsection (b). ``(b) Computation of Increase.-- ``(1) Sum of prorated monthly special pays.--The amount of an increase in retired pay under this section for any member shall be the sum of the amounts determined under paragraph (2) for that member. ``(2) Pro rating of special pays.--For each covered monthly special pay that the member received at any time while on active duty, there shall be determined the amount that is equal to the product of-- ``(A) the monthly amount of such covered special pay that the member received for the final month for which the member received that special pay; and ``(B) the fraction in which-- ``(i) the numerator is the number of months for which the member received that special pay; and ``(ii) the denominator is the total number of months for which the member received basic pay. ``(c) Covered Monthly Special Pays.--For purposes of this section, the term `covered monthly special pay' means the following incentive and special pays, each of which is paid on a monthly basis: ``(1) Incentive pay under section 301 of title 37, relating to performance of hazardous duty required by orders. ``(2) Aviation career incentive pay under section 301a of title 37. ``(3) Submarine duty incentive pay under section 301c of title 37. ``(4) Special pay under section 304 of title 37, relating to diving duty. ``(5) Special pay under section 305 of title 37, relating to hardship duty. ``(6) Special pay under section 305a of title 37, relating to career sea pay. ``(7) Special pay under section 305b of title 37, relating to service as a member of a Weapons of Mass Destruction Civil Support Team. ``(8) Special pay under section 306 of title 37, relating to officers holding positions of unusual responsibility and of a critical nature. ``(9) Special pay under section 307 of title 37, relating to special duty assignments for enlisted members. ``(10) Special pay under section 310 of title 37, relating to duty subject to hostile fire or imminent danger. ``(11) Special pay under section 314 of title 37, relating to qualified members extending duty at designated overseas locations. ``(12) Incentive pay under section 320 of title 37, relating to career enlisted flyers. ``(13) Special pay under section 328 of title 37, relating to combat-related injury rehabilitation. ``(d) Qualifying Special Operations Forces Members.--A member is a qualifying special operations forces member for the purposes of this section if the member has a special operations forces personnel designation and-- ``(1) the member was paid special pay for not fewer than 18 months under section 310 of title 37, relating to special pay for duty subject to hostile fire or imminent danger; or ``(2) the member was assigned to duty in a special operations forces duty assignment for not less than 60 months (whether or not consecutive). ``(e) Treatment Under Other Provisions Relating to Retired Pay.--An amount by which retired pay is increased under this section shall not be considered to be retired pay-- ``(1) for purposes of section 1408 of this title; or ``(2) for purposes of the Survivor Benefit Plan under subchapter II of chapter 73 of this title. ``(f) Retainer Pay.--In this section, the term `retired pay' includes retainer pay payable under section 6330 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1415. Members with special operations forces designation: increase in retired pay for receipt of certain special pays.''.

Special Operations Forces Retention Improvement Act of 2006 - Amends federal Armed Forces provisions to require the retired military pay of a qualified special operations forces member to be increased by the amount of specified special and incentive pays received by such member prior to retirement. Requires the member, in order to qualify for such retired pay increase, to have been: (1) paid special pay for duty subject to hostile fire or imminent danger for no fewer than 18 months; and (2) assigned in a special operations forces duty assignment for not less than 60 months.

To amend title 10, United States Code, to provide for the inclusion of certain special and incentive pays in the computation of military retired pay for members of the Armed Forces who have a special operations forces designation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organ Donation Improvement Act of 2001''. SEC. 2. SENSE OF CONGRESS. (a) Public Awareness of Need for Organ Donation.--It is the sense of the Congress that the Federal Government should carry out programs to educate the public with respect to organ donation, including the need to provide for an adequate rate of such donations. (b) Family Discussions of Organ Donations.--The Congress recognizes the importance of families pledging to each other to share their lives as organ and tissue donors and acknowledges the importance of discussing organ and tissue donation as a family. (c) Living Donations of Organs.--The Congress-- (1) recognizes the generous contribution made by each living individual who has donated an organ to save a life; and (2) acknowledges the advances in medical technology that have enabled organ transplantation with organs donated by living individuals to become a viable treatment option for an increasing number of patients. SEC. 3. PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD LIVING ORGAN DONATION. Section 377 of the Public Health Service Act (42 U.S.C. 274f) is amended to read as follows: ``payment of travel and subsistence expenses incurred toward living organ donation ``Sec. 377. (a) In General.--The Secretary may make awards of grants or contracts to States, transplant centers, qualified organ procurement organizations under section 371, or other public or private entities for the purpose of-- ``(1) providing for the payment of travel and subsistence expenses incurred by individuals toward making living donations of their organs (in this section referred as `donating individuals'); and ``(2) in addition, providing for the payment of such incidental nonmedical expenses that are so incurred as the Secretary determines by regulation to be appropriate. ``(b) Eligibility.-- ``(1) In general.--Payments under subsection (a) may be made for the qualifying expenses of a donating individual only if-- ``(A) the State in which the donating individual resides is a different State than the State in which the intended recipient of the organ resides; and ``(B) the annual income of the intended recipient of the organ does not exceed $35,000 (as adjusted for fiscal year 2002 and subsequent fiscal years to offset the effects of inflation occurring after the beginning of fiscal year 2001). ``(2) Certain circumstances.--Subject to paragraph (1), the Secretary may in carrying out subsection (a) provide as follows: ``(A) The Secretary may consider the term `donating individuals' as including individuals who in good faith incur qualifying expenses toward the intended donation of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donation of the organ occurs. ``(B) The Secretary may consider the term `qualifying expenses' as including the expenses of having one or more family members of donating individuals accompany the donating individuals for purposes of subsection (a) (subject to making payment for only such types of expenses as are paid for donating individuals). ``(c) Limitation on Amount of Payment.-- ``(1) In general.--With respect to the geographic area to which a donating individual travels for purposes of subsection (a), if such area is other than the covered vicinity for the intended recipient of the organ, the amount of qualifying expenses for which payments under such subsection are made may not exceed the amount of such expenses for which payment would have been made if such area had been the covered vicinity for the intended recipient, taking into account the costs of travel and regional differences in the costs of living. ``(2) Covered vicinity.--For purposes of this section, the term `covered vicinity', with respect to an intended recipient of an organ from a donating individual, means the vicinity of the nearest transplant center to the residence of the intended recipient that regularly performs transplants of that type of organ. ``(d) Relationship to Payments Under Other Programs.--An award may be made under subsection (a) only if the applicant involved agrees that the award will not be expended to pay the qualifying expenses of a donating individual to the extent that payment has been made, or can reasonably be expected to be made, with respect to such expenses-- ``(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(2) by an entity that provides health services on a prepaid basis. ``(e) Definitions.--For purposes of this section: ``(1) The term `covered vicinity' has the meaning given such term in subsection (c)(2). ``(2) The term `donating individuals' has the meaning indicated for such term in subsection (a)(1), subject to subsection (b)(2)(A). ``(3) The term `qualifying expenses' means the expenses authorized for purposes of subsection (a), subject to subsection (b)(2)(B). ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2002 through 2006.''. SEC. 4. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 377 the following section: ``public awareness; studies and demonstrations ``Sec. 377A. (a) Public Awareness.--The Secretary shall (directly or through grants or contracts) carry out a program to educate the public with respect to organ donation, including the need to provide for an adequate rate of such donations. ``(b) Studies and Demonstrations.--The Secretary may make grants to public and nonprofit private entities for the purpose of carrying out studies and demonstration projects with respect to providing for an adequate rate of organ donation. ``(c) Grants to States.--The Secretary may make grants to States for the purpose of assisting States in carrying out organ donor awareness, public education and outreach activities and programs designed to increase the number of organ donors within the State, including living donors. To be eligible, each State shall-- ``(1) submit an application to the Department in the form prescribed; ``(2) establish yearly benchmarks for improvement in organ donation rates in the State; ``(3) develop, enhance or expand a State donor registry, which shall be available to hospitals, organ procurement organizations, and other States upon a search request; and ``(4) report to the Secretary on an annual basis a description and assessment of the State's use of these grant funds, accompanied by an assessment of initiatives for potential replication in other States. Funds may be used by the State or in partnership with other public agencies or private sector institutions for education and awareness efforts, information dissemination, activities pertaining to the State organ donor registry, and other innovative donation specific initiatives, including living donation. ``(d) Annual Report to Congress.--The Secretary shall annually submit to the Congress a report on the activities carried out under this section, including provisions describing the extent to which the activities have affected the rate of organ donation. ``(e) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. Such authorization of appropriations is in addition to any other authorizations of appropriations that is available for such purpose. ``(2) Studies and demonstrations.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may not obligate more than $2,000,000 for carrying out subsection (b).''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act take effect on the date of the enactment of this Act. Passed the House of Representatives March 7, 2001. Attest: JEFF TRANDAHL, Clerk.

Organ Donation Improvement Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public or private entities for the purpose of providing payment for: (1) travel and subsistence expenses incurred by individuals toward living donations of their organs; and (2) such incidental nonmedical expenses that are so incurred as the Secretary determines to be appropriate.Sets forth payment eligibility criteria and limitations, including that payments may be made for the qualifying expenses of a donating individual only if: (1) the State in which the donating individual resides is a different State than the State in which the intended recipient of the organ resides; and (2) the annual income of the intended recipient of the organ does not exceed $35,000.Directs the Secretary to (directly or through grants or contracts) carry out a program to educate the public with respect to organ donation, including the need to provide for an adequate rate of such donations.Authorizes the Secretary to make grants to public and nonprofit private entities for the purpose of carrying out studies and demonstration projects with respect to providing for an adequate rate of organ donation.Authorizes the Secretary to make grants to States for the purpose of assisting States in carrying out organ donor awareness, public education and outreach activities and programs designed to increase the number of organ donors within a State, including living donors.Authorizes appropriations.

To amend the Public Health Service Act to promote organ donation.

SECTION 1. ELECTRONIC WASTE EXPORT RESTRICTIONS. (a) Amendment.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following new section: ``SEC. 3024. ELECTRONIC WASTE EXPORT RESTRICTIONS. ``(a) In General.--Beginning 12 months after the date of enactment of this section, except as provided in subsection (e) or (f), no person shall export any restricted electronic waste to a country described in subsection (c). ``(b) Definitions.-- ``(1) In general.--For purposes of this section-- ``(A) the term `covered electronic equipment' means used personal computers, servers, monitors, televisions, other video display products, printers, copiers, facsimile machines, video cassette recorders, digital video disc players, video game systems, digital audio players, personal digital assistants, telephones, image scanners, and other used electronic products the Administrator determines to be similar; and ``(B) the term `restricted electronic waste' means items of covered electronic equipment, whole or in fragments, that include, contain, or consist of-- ``(i) circuit boards, lamps, switches, or other parts, components, assemblies, or materials derived therefrom containing mercury or polychlorinated biphenyls; ``(ii) circuit boards, lamps, switches, or other parts, components, assemblies, or materials derived therefrom containing-- ``(I) antimony in concentrations greater than 1.0 mg/L; ``(II) beryllium in concentrations greater than .007 mg/L; ``(III) cadmium, in concentrations greater than 1.0 mg/L; ``(IV) chromium in concentrations greater than 5.0 mg/L; or ``(V) lead in concentrations greater than 5.0 mg/L; ``(iii) circuit boards, lamps, switches, or other parts, components, assemblies, or materials derived therefrom containing any other toxic material identified by the Administrator under paragraph (2); ``(iv) cathode ray tubes or cathode ray tube glass in any form; or ``(v) batteries containing lead, cadmium, mercury, or flammable organic solvents. ``(2) Additional restricted materials.--The Administrator shall establish procedures for identifying additional restricted materials, the presence of which in covered electronic equipment poses a substantial hazard to human health or the environment at the end of the life of the equipment. ``(c) Countries to Which Prohibition Applies.--The countries referred to in subsection (a) are all countries which are not-- ``(1) members of the Organization for Economic Cooperation and Development or the European Union; or ``(2) Liechtenstein. ``(d) General Exceptions.--The prohibition under this section shall not apply to-- ``(1) the export of used electronic equipment or parts, for use or reuse, if-- ``(A) such export is to a country that the Administrator finds under subsection (e) will permit trade in such equipment or parts; and ``(B) such equipment or parts are tested prior to export and found to be functional for at least one of the primary purposes for which the equipment or parts were designed, and are being sold to a customer who will reuse such equipment or parts without further repairs; ``(2) furnace-ready cathode ray tube glass cullet, cleaned of all phosphors, to be used as a direct feedstock in a lead- glass manufacturing furnace without further processing or preparation required other than quality control, which the competent authority in the importing country has stated in writing is not waste; ``(3) returns of used electronic equipment under warranty by consumers or other contractual warranty collectors to the original equipment manufacturer or its contractual agent for purposes of warranty repair or refurbishment; or ``(4) the export of used electronic equipment or parts for repair or refurbishment in the importing country, with the intention of subsequent reuse, if-- ``(A) such export is to a country that the Administrator finds under subsection (e) will permit trade in such equipment or parts; ``(B) the export is made by an original equipment manufacturer or its contractual agent, or an entity that meets an independent standard as identified by the Administrator; and ``(C) the person who exports the equipment or parts-- ``(i) prior to shipment to any receiving facility, submits an annual notification to the Administrator, which includes-- ``(I) a statement that the notifier plans to export used electronic equipment or parts for refurbishment or repair with the intention of subsequent reuse; ``(II) the notifier's name, address, and Environmental Protection Agency ID number (if applicable); ``(III) the name and phone number of a contact person; ``(IV) the type of used electronic equipment or parts that will be shipped; and ``(V) the name, address, and contact information of the receiving facility; and ``(ii) keeps copies of normal business records, such as contracts, demonstrating that each shipment of exported used electronic equipment or parts is intended for repair or refurbishment and subsequent reuse, which documentation shall be retained for a period of at least 3 years after the date the used electronic equipment or parts were exported. ``(e) Foreign Markets.--Not later than 12 months after the date of enactment of this section, and annually thereafter, the Administrator shall identify for each country whether such country's laws and policies permit trade in such equipment or parts, by requesting written confirmation from the competent authority of the importing country. ``(f) Regulations.--Not later than 12 months after the date of enactment of this section, the Administrator shall issue regulations for carrying out this section, including-- ``(1) testing requirements for verifying that used covered electronic equipment or parts proposed to be exported under this section are functional for the purposes for which they were designed, including requirements for proper packaging to prevent such equipment or parts from losing functionality due to damage during transit; and ``(2) in consultation with the appropriate Federal agency or agencies, provisions for an efficient export control regime to identify exports covered by this section and provide for enforcement in coordination with other enforcement procedures administered by United States Customs and Border Protection.''. (b) Table of Contents Amendment.--The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 3023 the following new item: ``3024. Electronic waste export restrictions.''. SEC. 2. CRIMINAL PENALTIES. Section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)) is amended-- (1) by striking ``or'' at the end of paragraph (6); (2) by inserting ``or'' at the end of paragraph (7); and (3) by inserting after paragraph (7) the following new paragraph: ``(8) knowingly exports restricted electronic waste in violation of section 3024;''.

Amends the Solid Waste Disposal Act to: (1) prohibit the export of restricted electronic waste to countries that are not members of the Organization for Economic Cooperation and Development or the European Union, or Liechtenstein; (2) require the Administrator of the Environmental Protection Agency (EPA), annually, to identify countries that permit trade in used electronic equipment and parts; and (3) impose criminal penalties for knowingly exporting restricted electronic waste in violation of this Act. Allows certain exceptions to such export ban. Defines "restricted electronic waste" to include electronic equipment, such as computers, televisions, printers, copiers, video players, and similar used electronic products, that contain circuit boards and other parts containing mercury or polychlorinated biphenyls, antimony, beryllium, cadmium, chromium, or lead and cathode ray tubes and batteries containing lead and other toxic ingredients.

To restrict certain exports of electronic waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Full Employment Federal Reserve Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) In recent decades, the economy has stopped working for working families in the United States. (2) Despite significant gains in workers' productivity and gross domestic product over the past 30 years, workers have seen their wages stagnate and sometimes fall. (3) The benefits of the powerful economy of the United States have gone almost entirely to the richest people in society, which has created a growing gap between the wealthy and the rest of our country. (4) Such widening disparities are unhealthy for our democracy and unhealthy for the broad swath of working families who are unable to afford to pay their rent or buy a home, save for their children's higher education, or afford the basic necessities to live a dignified and full life. (5) One major factor contributing to this growing economic crisis has been the lack of full employment in the economy of the United States. (6) Too many workers struggle to find jobs, and the jobs that are available often do not pay a good wage. (7) In the absence of a tight labor market and genuine full employment, workers are at the mercy of their employers and cannot ask for raises or leave for better job opportunities. (8) As a result of workers' decreased bargaining power, corporate profits and executive compensation have accounted for an increasingly large share of gross domestic product, leaving the large majority of workers in the United States behind. (9) Since 1980, the economy of the United States has had an excessively high level of unemployment 70 percent of the time, according to the Congressional Budget Office's official estimate of full employment (that is, the nonaccelerating inflation rate of unemployment, or ``NAIRU''). (10) This contrasts with the 1949-1979 era, when the economy of the United States was functioning below full employment only 31 percent of the time. (11) This persistently weak labor market has had tremendous consequences not only for the unemployed and underemployed, but also for employed workers who have been unable to negotiate for higher wages and better working conditions, including the following examples: (A) Since 1979, although economy-wide productivity has grown by 64.3 percent, women's median wages have risen by only 20.6 percent and men's median wages have actually fallen by 8.9 percent, and the statistics for Black and Hispanic workers are even worse than for White workers. (B) Workers' share of corporate income has shrunk significantly, from 82.3 percent during the full employment economy of 2000 to 75.5 percent today, a decline that means that workers will earn $535 billion less this year than they would have had the share remained stable, or approximately $3,770 per worker this year. (C) Between 2002 and 2014, inflation-adjusted hourly wages for the bottom seven deciles (that is, 70 percent of the workforce of the United States) fell, showing that wage stagnation is not limited to low- income families. (D) Even highly educated workers are not thriving in this economy; wages for college-educated and advanced-degree workers fell in 2013 and 2014, a time of economic growth for the economy at large. (12) Congress has mandated that the Board of Governors of the Federal Reserve System pursue a dual mandate of ``maximum employment'' and ``stable prices'', which the Board of Governors has interpreted to mean full employment that is consistent with an inflation rate of 2 percent. (13) Since the Great Recession, the economy of the United States has consistently had an unemployment rate higher than the Board of Governors of the Federal Reserve System's NAIRU and an inflation rate below the 2-percent target; consistently missing both targets has caused untold harm to hundreds of millions of people. (14) Today's headline unemployment rate understates the continued weakness of the economy of the United States, including the following examples: (A) Long-term unemployment is elevated. (B) Involuntary part-time employment remains very high, indicating a large pool of workers who would prefer to be given more hours. (C) The portion of prime-age adults who are in the labor force remains depressed, because so many millions of people have given up looking for work. (15) Although there is no empirical evidence that an inflation rate of 3 or 4 percent would be harmful, or would be difficult to maintain at a stable rate, many observers believe that the Board of Governors of the Federal Reserve System actually treats its 2-percent inflation target as a ceiling. (16) Over recent decades and even today, refusal by the Board of Governors of the Federal Reserve System to tolerate any inflation means that it has consistently raised interest rates prematurely during recoveries, preventing the economy from reaching full employment. (17) Inflation remains below the already conservative 2- percent target of the Board of Governors of the Federal Reserve System and shows no signs of accelerating uncontrollably. (18) During the late 1990s, the economy of the United States began to reach genuine full employment, with an unemployment rate of below 4 percent, which had tremendous benefits for the vast majority of people, including-- (A) higher wages for everyone, including those at the bottom of the income ladder; (B) robust wage gains for African-Americans and Hispanics, which shrank the tremendous racial disparities in pay and wealth; and (C) a large Federal budget surplus (and State budget surpluses), which meant money was available for key services like education, health care, and infrastructure investment. (19) One key reason that the economy approached full employment was that the Board of Governors of the Federal Reserve System resisted pressures to raise interest rates and let the unemployment rate continue to fall. (20) Achieving genuine full employment should be the foremost economic priority of the United States, and all branches of the Federal Government should use their full power to accomplish this goal. SEC. 3. MODIFICATION TO THE GOALS OF THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM AND THE FEDERAL OPEN MARKET COMMITTEE. Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended-- (1) by inserting ``(defined as an economy with an unemployment rate of not more than 4 percent and that generally includes a labor market in which median wages are rising with worker productivity, job seekers can find work, and involuntary part-time work is at a minimum)'' after ``maximum employment''; and (2) by striking ``stable prices'' and inserting ``a stable rate of inflation''.

The Full Employment Federal Reserve Act of 2015 This bill amends the Federal Reserve Act with respect to the duty of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee (FOMC) to promote maximum employment and stable prices. The bill defines "maximum employment" as an economy with an unemployment rate of at most 4% that generally includes a labor market in which median wages are rising with worker productivity, job seekers can find work, and involuntary part-time work is at a minimum. The Board and the FOMC are also directed to promote a stable rate of inflation (instead of stable prices) as part of long run growth.

Full Employment Federal Reserve Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Hydroelectric and Environmental Enhancement Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) Federal multi-purpose dams and reservoirs with hydroelectric generation provide necessary power to respective regions, enhance recreational pursuits and help meet various environmental needs; (2) hydroelectric generation is a renewable resource that plays a significant role in meeting the growing power needs of many communities throughout the Nation; (3) Federal dams along the Savannah River generate electricity for consumers who depend on such power at peak times and provide recreational and environmental benefits to the region; (4) a number of technological advancements have been made at these and other Federal hydropower facilities to provide even greater protections to fish and other aquatic resources; and (5) the value of these and other Federal hydropower facilities can be further enhanced to optimize more hydroelectric generation and environmental protection. SEC. 3. STUDY AND REPORT ON INCREASING ELECTRIC POWER PRODUCTION CAPABILITY OF EXISTING FEDERAL FACILITIES. (a) In General.--The Secretary of the Interior and the Secretary of the Army, in consultation with the Administrator of each Federal power marketing administration, shall conduct a study of the potential for creating or increasing electric power production capability at existing facilities under their administrative jurisdiction. (b) Content.--The study under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power. (c) Report.--Each Secretary shall submit to the Congress a report on the findings, conclusions, and recommendations of the study under this section by not later than 12 months after the date of the enactment of this Act. Each Secretary shall include the following in the report: (1) The identifications, descriptions, and estimations referred to in subsection (b). (2) A description of activities the Secretary is currently conducting or considering, or that could be considered, to produce additional hydroelectric power from each identified facility. (3) A summary of action that has already been taken by the Secretary to produce additional hydroelectric power from each identified facility. (4) The costs to install, upgrade, or modify equipment or take other actions to produce new or additional hydroelectric power from each identified facility and the level of Federal power customer involvement in the Secretary's determination of such costs. (5) The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b). (6) A description of actions that are planned, underway, or might reasonably be considered to create or increase hydroelectric power production by replacing turbines. (7) The impact of increased hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (8) Any additional recommendations the Secretary considers advisable to increase hydroelectric power production from, and reduce costs and improve efficiency at, facilities under the jurisdiction of the Secretary. SEC. 4. STUDY AND IMPLEMENTATION OF INCREASED OPERATIONAL EFFICIENCIES IN HYDROELECTRIC POWER PROJECTS. (a) In General.--The Secretary of the Interior and the Secretary of the Army shall conduct a study of operational methods and water scheduling techniques at all hydroelectric power plants under the administrative jurisdiction of each Secretary that have an electric power production capacity greater than 50 megawatts, to-- (1) determine whether such power plants and associated river systems are operated so as to optimize energy and capacity capabilities; and (2) identify measures that can be taken to improve operational flexibility at such plants to achieve such optimization. (b) Report.--Each Secretary shall submit a report on the findings, conclusions, and recommendations of the study under this section by not later than 18 months after the date of the enactment of this Act, including a summary of the determinations and identifications under paragraphs (1) and (2) of subsection (a). Each Secretary shall include in the report the impact of optimized hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (c) Cooperation With Federal Power Marketing Administrations.--Each Secretary shall coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.

Federal Hydroelectric and Environmental Enhancement Act of 2004 - Directs the Secretary of the Interior and the Secretary of the Army to study and report to Congress on: (1) the potential for creating or increasing electric power production capability at facilities under their respective administrative jurisdiction; and (2) operational methods and water scheduling techniques to increase operational efficiencies at certain-sized hydroelectric power plants. Requires each Secretary to coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.

To provide for a study of the potential for increasing hydroelectric power production at existing Federal facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Health Care Improvement Act of 2007''. SEC. 2. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT AT FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 111 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``subsistence),'' and inserting ``subsistence at a rate equivalent to the rate provided to Federal employees under section 5702 of title 5),''; and (B) by striking ``traveled,'' and inserting ``(at a rate equivalent to the rate provided to Federal employees under section 5704 of title 5),''; (2) by striking subsection (g); and (3) by redesignating subsection (h) as subsection (g). SEC. 3. CENTERS FOR RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330A. Centers for rural health research, education, and clinical activities ``(a) Establishment of Centers.--The Secretary, through the Director of the Office of Rural Health, shall establish and operate not less than one and not more than five centers of excellence for rural health research, education, and clinical activities, which shall-- ``(1) conduct research on the provision of health services in rural areas; ``(2) develop specific models to be used by the Department in furnishing health services to veterans in rural areas; ``(3) provide education and training for health care professionals of the Department on the furnishing of health services to veterans in rural areas; and ``(4) develop and implement innovative clinical activities and systems of care for the Department for the furnishing of health services to veterans in rural areas. ``(b) Geographic Dispersion.--The Secretary shall ensure that the centers authorized under this section are located at health care facilities that are geographically dispersed throughout the United States. ``(c) Selection Criteria.--The Secretary may not designate a health care facility as a location for a center under this section unless-- ``(1) the peer review panel established under subsection (d) determines that the proposal submitted by such facility meets the highest competitive standards of scientific and clinical merit; and ``(2) the Secretary determines that the facility has, or may reasonably be anticipated to develop, the following: ``(A) An arrangement with an accredited medical school to provide residents with education and training in health services for veterans in rural areas. ``(B) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts. ``(C) A policymaking advisory committee, composed of appropriate health care and research representatives of the facility and of the affiliated school or schools, to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center. ``(D) The capability to conduct effectively evaluations of the activities of such center. ``(d) Panel To Evaluate Proposals.--(1) The Director of the Office of Rural Health shall establish a panel-- ``(A) to evaluate the scientific and clinical merit of proposals submitted to establish centers under this section; and ``(B) to provide advice to the Director regarding the implementation of this section. ``(2) The panel shall review each proposal received from the Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Secretary. ``(3) The panel established under paragraph (1) shall be comprised of experts in the fields of public health research, education, and clinical care. ``(4) Members of the panel shall serve as consultants to the Department for a period not to exceed two years. ``(5) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(e) Funding.--(1) There are authorized to be appropriated to the Medical Care Account and the Medical and Prosthetics Research Account of the Department of Veterans Affairs such sums as may be necessary for the support of the research and education activities of the centers operated under this section. ``(2) There shall be allocated to the centers operated under this section, from amounts authorized to be appropriated to the Medical Care Account and the Medical and Prosthetics Research Account by paragraph (1), such amounts as the Under Secretary of health considers appropriate for such centers. Such amounts shall be allocated through the Director of the Office of Rural Health. ``(3) Activities of clinical and scientific investigation at each center operated under this section-- ``(A) shall be eligible to compete for the award of funding from funds appropriated for the Medical and Prosthetics Research Account; and ``(B) shall receive priority in the award of funding from such account to the extent that funds are awarded to projects for research in the care of rural veterans.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330 the following new item: ``7330A. Centers for rural health research, education, and clinical activities.''. SEC. 4. TRANSPORTATION GRANTS FOR RURAL VETERANS SERVICE ORGANIZATIONS. (a) Grants Authorized.-- (1) In general.--The Secretary of Veterans Affairs shall establish a grant program to provide innovative transportation options to veterans in remote rural areas. (2) Use of funds.--Grants awarded under this section may be used by State veterans' service agencies and veterans service organizations to-- (A) assist veterans in remote rural areas to travel to Department of Veterans Affairs medical centers; and (B) otherwise assist in providing medical care to veterans in remote rural areas. (3) Maximum amount.--The amount of a grant under this section may not exceed $50,000. (4) No matching requirement.--The recipient of a grant under this section shall not be required to provide matching funds as a condition for receiving such grant. (b) Regulations.--The Secretary shall prescribe regulations for-- (1) evaluating grant applications under this section; and (2) otherwise administering the program established by this section. (c) Veterans Service Organization Definition.--In this section, the term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (d) Authorization of Appropriations.--There are authorized to be appropriated $3,000,000 for each of fiscal years 2008 through 2012 to carry out this section. SEC. 5. DEMONSTRATION PROJECTS ON ALTERNATIVES FOR EXPANDING CARE FOR VETERANS IN RURAL AREAS. (a) In General.--The Secretary of Veterans Affairs, through the Director of the Office of Rural Health, shall carry out demonstration projects to examine alternatives for expanding care for veterans in rural areas, including the following: (1) Establishing a partnership between the Department of Veterans Affairs and the Centers for Medicare and Medicaid Services of the Department of Health and Human Services to coordinate care for veterans in rural areas at critical access hospitals (as designated or certified under section 1820 of the Social Security Act (42 U.S.C. 1395i-4)). (2) Establishing a partnership between the Department of Veterans Affairs and the Department of Health and Human Services to coordinate care for veterans in rural areas at community health centers. (3) Expanding coordination between the Department of Veterans Affairs and the Indian Health Service to expand care for Native American veterans. (b) Geographic Distribution.--The Secretary of Veterans Affairs shall ensure that the demonstration projects authorized under subsection (a) are located at facilities that are geographically distributed throughout the United States. (c) Report.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report on the results of the demonstration projects conducted under subsection (a) to-- (1) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and (2) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives. SEC. 6. REPORT TO CONGRESS ON MATTERS RELATED TO CARE FOR VETERANS WHO LIVE IN RURAL AREAS. (a) Annual Report.--The Secretary of Veterans Affairs shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the President for the fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31, United States Code), an assessment, current as of the fiscal year ending in the year before such report is submitted, of the following: (1) The implementation of the provisions of this Act, including the amendments made by this Act. (2) The establishment and function of the Office of Rural Health under section 7308 of title 38, United States Code. (b) Additional Requirements for Initial Report.--The Secretary of Veterans Affairs shall submit to Congress, together with the first report submitted under subsection (a), an assessment of the following: (1) The fee-basis health-care program required by subsection (b) of section 212 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109- 461; 120 Stat. 3422). (2) The outreach program required by section 213 of such Act.

Rural Veterans Health Care Improvement Act of 2007 - Authorizes the Secretary of Veterans Affairs to pay travel expenses for veterans receiving treatment at Department of Veterans Affairs (VA) facilities at the rate provided to federal employees in connection with the performance of official duties. Directs the Secretary to: (1) establish and operate at least one and up to five centers of excellence for rural health research, education, and clinical activities; (2) establish a grant program to provide innovative transportation options to veterans in remote rural areas; (3) carry out demonstration projects to examine alternatives for expanding care for veterans in rural areas; and (4) report annually to Congress on matters related to VA care for veterans residing in rural areas.

A bill to amend title 38, United States Code, to improve health care for veterans who live in rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Mass Marking Program Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes have experienced rapid changes in recent years due to-- (A) the introduction of multiple aquatic invasive species; (B) alterations in the food web; and (C) decreases in the abundance of prey species; (2) due to rapid biological change in the Great Lakes, the Great Lakes need a collaborative, science-based program to assist in making management actions regarding fish stocking rates, the rehabilitation of important fish species, and habitat restoration; (3) the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin and Indian tribes in those States, working through the Council of Lake Committees of the Great Lakes Fishery Commission, have identified that mass marking is-- (A) a precise tool to keep hatchery-produced fish in balance with wild fish; and (B) essential to achieving fishery management and research objectives through producing a better understanding of-- (i) the quantity of hatchery produced fish compared to wild fish in the Great Lakes; (ii) the effectiveness of hatchery operations; and (iii) the effectiveness of fishery management actions; (4) the mass marking program of the United States Fish and Wildlife Service in the Great Lakes-- (A) was initiated in 2010 on a limited scale; (B) annually tags approximately 8,000,000 of the hatchery-produced fish stocked in the Great Lakes; (C) is a basinwide cooperative effort among the United States Fish and Wildlife Service, Indian tribes, and State management agencies; and (D) produces data used by State and tribal fish management agencies to make management decisions regarding Great Lakes fisheries; (5) annually, Federal, State, and tribal agencies stock approximately 21,000,000 hatchery-produced fish in the Great Lakes to support-- (A) native species recovery; and (B) recreational and commercial fishing; (6) mass marking of hatchery-produced fish, using automated technology, is an efficient method of implementing a collaborative, science-based fishery program; and (7) the Great Lakes are an important and valued resource that-- (A) supports a robust regional economy valued at more than $7,000,000,000; and (B) provides stability to the economy of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Program.--The term ``Program'' means the Great Lakes Mass Marking Program established by section 4(a). SEC. 4. GREAT LAKES MASS MARKING PROGRAM. (a) In General.--To assist in determining the effectiveness of hatchery operations and fisheries management actions and to support Great Lakes fisheries, there is established within the United States Fish and Wildlife Service a program for the mass marking of hatchery- produced fish in the Great Lakes basin, to be known as the ``Great Lakes Mass Marking Program''. (b) Required Collaboration.--In carrying out the Program, the Director shall collaborate with applicable Federal, State, and tribal fish management agencies, the Council of Lake Committees of the Great Lakes Fishery Commission, and signatories to the Joint Strategic Plan for Management of Great Lakes Fisheries. (c) Availability of Data.--The Director shall make the data collected under the Program available to applicable Federal, State, and tribal fish management agencies-- (1) to increase the understanding of the outcomes of management action; (2) to assist in meeting the restoration objectives of the Great Lakes, including the fish community objectives and fish management plans described in the Joint Strategic Plan for Management of Great Lakes Fisheries; (3) to assist in balancing predators and prey; (4) to support and improve the economic status of tribal, recreational, and commercial fisheries; and (5) to assist in evaluating the effectiveness of habitat restoration efforts in the Great Lakes. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the Program $5,000,000 for each of fiscal years 2018 through 2022.

Great Lakes Mass Marking Program Act This bill provides statutory authority for the U.S. Fish and Wildlife Service's (USFWS's)Great Lakes Mass Marking Program, under which hatchery-produced fish are tagged and marked across the Great Lakes basin to be evaluated in terms of their performance in the wild or their effects on the ecosystem. The USFWS must make data collected under the program available to federal, state, and tribal fish management agencies.

Great Lakes Mass Marking Program Act

SECTION 1. PROHIBITION. The Secretary shall not conduct any preleasing activities, hold any lease sale, or approve or permit any exploration, production, or drilling activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in the area described in section 2. SEC. 2. AREA COVERED. The area referred to in section 1 is all areas of the Outer Continental Shelf in the Eastern Gulf of Mexico Planning Area that are south of 26 degrees north latitude and east of 86 degrees west longitude. SEC. 3. CANCELLATION OF LEASES. (a) Congressional Determinations.--The Congress determines that-- (1) the area described in section 2 comprises marine subtidal and nearshore habitats that are unique within the United States continental margin, and that provide refuge to numerous coastal and marine birds, rare and endangered species, extensive live bottom communities, coral reefs, mangroves, and productive sea grasses; (2) in 1983 and 1984, Congress and the Department of the Interior provided for a 3-year moratorium on drilling in that area to permit the acquisition of additional environmental information; (3) notwithstanding the actions described in paragraph (2), which put the bidding companies on notice that there were environmental concerns, a total of 73 tracts were leased in the area in 1984 and 1985; (4) in 1988, and in every year since then, the Congress has renewed the annual moratorium on new leasing and drilling in the area concerned; (5) in June 1990, President Bush announced that he was placing a 10-year moratorium on leasing, development, and production in south Florida and directing the Secretary of the Interior to begin a process that may lead to the buyback and cancellation of existing leases in that area; (6) exploration, production, or drilling activity on any of the 73 tracts described in paragraph (3) would cause serious harm or damage to the marine, coastal, and human environment in the area and such harm or damage is not subject to an acceptable level of mitigation; and (7) oil and gas exploration, production, and drilling activity is incompatible with the ecologically fragile resources found in the south Florida Outer Continental Shelf, and the advantages of canceling outweigh the advantages of continuing such leases and would promote the public interest in the protection of the south Florida coastal area. (b) Cancellation.--Based on the determinations made under subsection (a), all leases under the Outer Continental Shelf Lands Act in the area described in section 2 are hereby canceled. SEC. 4. COMPENSATION. (a) Determination.--The Attorney General shall determine whether the holder of a lease canceled by section 3(b) is entitled under law to compensation from the United States as a result of such cancellation. (b) Negotiation.--If the Attorney General determines under subsection (a) that a lease holder is entitled to compensation, the Secretary shall enter into negotiations with such lease holder to establish a written agreement providing for fair and equitable settlement of all claims of such lease holder against the United States for compensation for cancellations under section 3(b). (c) Amount and Form of Compensation.--Compensation agreed to under subsection (b)-- (1) may be determined through application of the rules set forth in section 5(a)(2)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)(C)); (2) may be made in the form of currency, forgiveness of the lessee's obligation to pay rents, royalties, or bonus payments which would otherwise be paid to the Federal Government on another lease issued pursuant to the Outer Continental Shelf Lands Act, or a combination of currency with such forgiveness; and (3) shall not exceed the amount that would be provided for under the rules described in paragraph (1). (d) No State Requirement.--The State of Florida shall not be required to provide any compensation for the cancellation of a lease under section 3(b). SEC. 5. DEFINITIONS. For the purposes of this Act-- (1) terms defined in the Outer Continental Shelf Lands Act have the meaning given such terms in that Act; (2) references to the Eastern Gulf of Mexico Planning Area shall be to the area so designated in the Department of the Interior Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program 1992-1997 Proposed Final, dated April 1992; and (3) the term ``preleasing activities'' means activities conducted before a lease sale is held, and includes the scheduling of a lease sale, requests for industry interest, calls for information and nominations, area identifications, publication of draft or final environmental impact statements, notices of sale, and any form of rotary drilling; but such term does not include environmental, geologic, geophysical, economic, engineering, or other scientific analyses, studies, and evaluations.

Prohibits the Secretary of the Interior from conducting lease sales, or permitting exploration, production, or drilling activities under the Outer Continental Shelf Lands Act in a certain area in the Eastern Gulf of Mexico Planning Area. Cancels all leases under such Act in such area. Prescribes Federal compensation guidelines for holders of such cancelled leases. Declares that the State of Florida shall not be required to provide any compensation for cancelled leases.

To protect the ecologically fragile coastal resources of south Florida by prohibiting offshore oil and gas activities and by cancelling Federal leases in the area of the Outer Continental Shelf adjacent to the south Florida coast.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions and expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders in making political contributions or expenditures affecting Federal governance and public policy. Requiring the express approval of a corporation's shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B (15 U.S.C. 78n-2) the following: ``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS. ``(a) Definitions.--In this section-- ``(1) the term `expenditure for political activities'-- ``(A) means-- ``(i) an independent expenditure, as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)); ``(ii) an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) and any other public communication (as such term is defined in section 301(22) of such Act (2 U.S.C. 431(22))) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or ``(iii) dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in clauses (i) or (ii); and ``(B) does not include-- ``(i) direct lobbying efforts through registered lobbyists employed or hired by the issuer; ``(ii) communications by an issuer to its shareholders and executive or administrative personnel and their families; or ``(iii) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation; and ``(2) the term `issuer' does not include an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8). ``(b) Shareholder Authorization for Political Expenditures.--Each solicitation of proxy, consent, or authorization by an issuer with a class of equity securities registered under section 12 of this title shall-- ``(1) contain-- ``(A) a description of the specific nature of any expenditure for political activities proposed to be made by the issuer for the forthcoming fiscal year that has not been authorized by a vote of the shareholders of the issuer, to the extent the specific nature is known to the issuer; and ``(B) the total amount of expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year; and ``(2) provide for a separate vote of the shareholders of the issuer to authorize such expenditures for political activities in the total amount described in paragraph (1). ``(c) Vote Required To Make Expenditures.--No issuer shall make an expenditure for political activities in any fiscal year unless such expenditure-- ``(1) is of the nature of those proposed by the issuer in subsection (b)(1); and ``(2) has been authorized by a vote of the majority of the outstanding shares of the issuer in accordance with subsection (b)(2). ``(d) Fiduciary Duty; Liability.-- ``(1) Fiduciary duty.--A violation of subsection (c) shall be considered a breach of a fiduciary duty of the officers and directors who authorized the expenditure for political activities. ``(2) Liability.--An officer or director of an issuer who authorizes an expenditure for political activities in violation of subsection (c) shall be jointly and severally liable in any action brought in a court of competent jurisdiction to any person or class of persons who held shares at the time the expenditure for political activities was made for an amount equal to 3 times the amount of the expenditure for political activities. ``(e) Disclosure of Votes.-- ``(1) Disclosure required.--Each institutional investment manager subject to section 13(f) shall disclose not less frequently than annually how it voted on any shareholder vote under subsection (a), unless the vote is otherwise required by rule of the Commission to be reported publicly. ``(2) Rules.--Not later than 6 months after the date of enactment of this section, the Commission shall issue rules to carry out this subsection that require that a disclosure required under paragraph (1)-- ``(A) be made not later than 30 days after a vote described in paragraph (1); and ``(B) be made available to the public through the EDGAR system as soon as practicable. ``(f) Safe Harbor for Certain Divestment Decisions.-- Notwithstanding any other provision of Federal or State law, if an institutional investment manager makes the disclosures required under subsection (e), no person may bring any civil, criminal, or administrative action against the institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer due to an expenditure for political activities made by the issuer.''. SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended by adding after section 16 (15 U.S.C. 78p) the following: ``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. ``(a) Definitions.--In this section, the terms `expenditure for political activities' and `issuer' have the same meaning as in section 14C. ``(b) Listing on Exchanges.--Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (c). ``(c) Requirement for Vote in Corporate Bylaws.-- ``(1) Vote required.--The bylaws of an issuer shall expressly provide for a vote of the board of directors of the issuer on-- ``(A) any expenditure for political activities in excess of $50,000; and ``(B) any expenditure for political activities that would result in the total amount spent by the issuer for a particular election (as such term is defined in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))) in excess of $50,000. ``(2) Public availability.--An issuer shall make the votes of each member of the board of directors for a vote required under paragraph (1) publicly available not later than 48 hours after the vote, including in a clear and conspicuous location on the Web site of the issuer. ``(d) No Effect on Determination of Coordination With Candidates or Campaigns.--For purposes of the Federal Election Campaign Act of 1971, an expenditure for political activities by an issuer shall not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely because a member of the board of directors of the issuer voted on the expenditure as required under this section.''. SEC. 5. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(r) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) Definitions.--In this subsection, the terms `expenditure for political activities' and `issuer' have the same meaning as in section 14C. ``(2) Quarterly reports.-- ``(A) Reports required.--Not later than 180 days after the date of enactment of this subsection, the Commission shall amend the reporting rules under this section to require each issuer with a class of equity securities registered under section 12 of this title to submit to the Commission and the shareholders of the issuer a quarterly report containing-- ``(i) a description of any expenditure for political activities made during the preceding quarter; ``(ii) the date of each expenditure for political activities; ``(iii) the amount of each expenditure for political activities; ``(iv) the votes of each member of the board of directors authorizing the expenditure for political activity, as required under section 16A(c); ``(v) if the expenditure for political activities was made in support of or opposed to a candidate, the name of the candidate and the office sought by, and the political party affiliation of, the candidate; and ``(vi) the name or identity of trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code which receive dues or other payments as described in section 14C(a)(1)(A)(iii). ``(B) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required under this paragraph are publicly available through the Web site of the Commission and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements under section 24. ``(3) Annual reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in the annual report of the issuer to shareholders a summary of each expenditure for political activities made during the preceding year in excess of $10,000, and each expenditure for political activities for a particular election if the total amount of such expenditures for that election is in excess of $10,000.''. SEC. 6. REPORTS. (a) Securities and Exchange Commission.--The Securities and Exchange Commission shall-- (1) conduct an annual assessment of the compliance of issuers and officers and members of the boards of directors of issuers with sections 14C, 16A, and 13(r) of the Securities Exchange Act, as added by this Act; and (2) submit to Congress an annual report of containing the results of the assessment under paragraph (1). (b) Government Accountability Office.--The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Securities and Exchange Commission of the reporting and disclosure requirements under sections 14C, 16A, and 13(r) of the Securities Exchange Act, as added by this Act. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Shareholder Protection Act of 2011 - Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature (to the extent known) and total amount of expenditures proposed for political activities for the forthcoming fiscal year but not yet authorized by a vote of the issuer's shareholders, and (2) provide for a separate shareholder vote to authorize such proposed expenditures. Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure is of the nature of those proposed by the issuer according to the requirements of this Act; and (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares. Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure. Requires certain institutional investment managers to disclose annually in mandatory reports how they voted (proxies) in certain shareholder votes. Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to divest from, or not to invest in, securities of an issuer because of expenditures for political activities made by that issuer. Requires the Securities and Exchange Commission (SEC) to direct the national securities exchanges and national securities associations to prohibit the listing of any equity security of an issuer whose corporate bylaws do not expressly provide for a vote of the issuer's directors on any individual expenditure for political activities in excess of $50,000. Requires an issuer to make public, within 48 hours, the individual votes of the directors regarding any such expenditure. Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter and the individual votes by board members authorizing such expenditures; and (2) make such reports publicly available through the SEC website. Requires the SEC to make annual assessments of the compliance by public corporations and their management with the reporting and disclosure requirements of this Act, and the Comptroller General (GAO) to evaluate periodically the effectiveness of SEC oversight of these requirements.

A bill to amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Family Building Act of 2007''. (b) Findings.--Congress makes the following findings: (1) Infertility is a disease affecting more than 6,000,000 American women and men, about 10 percent of the reproductive age population. (2) Recent improvements in therapy make pregnancy possible for more couples than in past years. (3) The majority of group health plans do not provide coverage for infertility therapy. (4) A fundamental part of the human experience is fulfilling the desire to reproduce. SEC. 2. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. (a) Group Health Plans.-- (1) Public health service act amendment.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) Requirements for Coverage of Treatment of Infertility.-- ``(1) In general.--In a case in which a group health plan, and a health insurance issuer offering group health insurance coverage provides coverage for obstetrical services, such plan or issuer shall include (consistent with this section) coverage for treatment of infertility. ``(2) Infertility defined.--For purposes of this section, the term `infertility' means a disease or condition that results in the abnormal function of the reproductive system, which results in-- ``(A) the inability to conceive after 1 year of unprotected intercourse, or ``(B) the inability to carry a pregnancy to live birth. ``(b) Required Coverage.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage shall provide coverage for treatment of infertility deemed appropriate by a participant or beneficiary and the treating physician. Such treatment shall include ovulation induction, artificial insemination, in vitro fertilization (IVF), gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT), intracytoplasmic sperm injection (ICSI), and any other treatment provided it has been deemed as `non-experimental' by the Secretary of Health and Human Services after consultation with appropriate professional and patient organizations such as the American Society for Reproductive Medicine, RESOLVE, and the American College of Obstetricians and Gynecologists. ``(2) Limitation on coverage of assisted reproductive technology.-- ``(A) In general.--In the case of assisted reproductive technology, coverage shall be provided if-- ``(i) the participant or beneficiary has been unable to bring a pregnancy to a live birth through less costly medically appropriate infertility treatments for which coverage is available under the insured's policy, plan, or contract; ``(ii) the participant or beneficiary has not undergone 4 complete oocyte retrievals, except that if a live birth follows a completed oocyte retrieval, then at least 2 more completed oocyte retrievals shall be covered, with a lifetime cap of 6 retrievals; and ``(iii) the treatment is performed at a medical facility that-- ``(I) conforms to the standards of the American Society for Reproductive Medicine; and ``(II) is in compliance with any standards set by an appropriate Federal agency. ``(B) Definition of assisted reproductive technology.--For purposes of this paragraph, the term `assisted reproductive technology' includes all treatments or procedures that involve the handling of human egg and sperm for the purpose of helping a woman become pregnant. Types of Assisted Reproductive Technology include in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, embryo cryopreservation, egg or embryo donation, and surrogate birth. ``(3) Review by the secretary of health and human services.--Not later than 5 years after the date of enactment of the Family Building Act of 2007, the Secretary of Health and Human Services, in consultation with the American Society for Reproductive Medicine and RESOLVE: the National Infertility Association, shall review the requirements for treatment of infertility established under paragraphs (1) and (2). ``(c) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for infertility therapy may not be imposed to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(d) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments to which they are entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; ``(3) prohibit a provider from discussing with a participant or beneficiary infertility treatment techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments to a qualified participant or beneficiary in accordance with this section. ``(e) Rule of Construction.--Nothing in this section shall be construed to require a participant or beneficiary to undergo infertility therapy. ``(f) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(g) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(h) Preemption.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to infertility treatments or prevention.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendment.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) In General.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with such a plan shall comply with the requirements of section 2707 of the Public Health Service Act, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A health insurance issuer offering health insurance coverage in connection with a group health plan shall comply with the notice requirement under section 713(b) with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``714. Standards relating to benefits for treatment of infertility.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) In General.--The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after the date occurring 6 months after the date of the enactment of this Act. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) the date occurring 6 months after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENT TO TITLE 5, UNITED STATES CODE. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p)(1) Each contract under this chapter which provides obstetrical benefits shall also provide (in a manner consistent with section 2707 of the Public Health Service Act) coverage for the diagnosis and treatment of infertility (as defined by such section). ``(2) Subsection (m)(1) shall not, with respect to any contract under this chapter, prevent the inclusion of any terms which, under paragraph (1), are required by reason of section 2707(h) of the Public Health Service Act.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts entered into or renewed for contract years beginning at least 6 months after the date of enactment of this Act. SEC. 4. DEFENSE HEALTH CARE PLANS. (a) In General.--(1) Chapter 55 of title 10, is amended by inserting after section 1099 the following new section: ``Sec. 1099a. Health care plans: obstetrical and infertility benefits ``(a) In General.--Any health care plan under this chapter that provides obstetrical benefits shall also provide (in a manner consistent with section 2707 of the Public Health Service Act) coverage for the diagnosis and treatment of infertility (as defined by such section). ``(b) Regulations.--The Secretary of Defense shall precribe any regulations necessary to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1099a. Health care plans: obstetrical and infertility benefits.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts entered into or renewed for contract years beginning at least 6 months after the date of enactment of this Act.

Family Building Act of 2007 - Amends the Public Health Service Act and the Employee Retirement Income Security Act (ERISA) to require a group health plan that provides coverage for obstetrical services to include coverage for non-experimental treatment of infertility that is deemed appropriate by a participant or beneficiary and the treating physician. Requires coverage for assisted reproductive technology only if certain conditions are met. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance coverage offered in the individual market and coverage offered through Federal Employees Health Benefit (FEHB) plans and Department of Defense health care plans.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, chapter 89 of title 5, United States Code, and title 10, United States Code, to require coverage for the treatment of infertility.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Amyotrophic Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 1997''. (b) Findings.--Congress finds the following: (1) Amyotrophic Lateral Sclerosis (ALS), commonly known as Lou Gehrig's Disease, is a progressive neuromuscular disease characterized by a degeneration of the nerve cells of the brain and spinal cord leading to the wasting of muscles, paralysis, and eventual death. (2) Approximately 30,000 individuals in the United States are afflicted with ALS at any time, with approximately 5,000 new cases appearing each year. (3) ALS usually strikes individuals who are 50 years of age or older. (4) The life expectancy of an individual with ALS is 3 to 5 years from the time of diagnosis. (5) There is no know cure or cause for ALS. (6) Aggressive treatment of the symptoms of ALS can extend the lives of those with the disease. Recent advances in ALS research have produced promising leads, many related to shared disease processes that appear to operate in many neurodegenerative diseases. (c) Purposes.--It is the purposes of this Act-- (1) to assist individuals suffering from ALS by waiving the 24-month waiting period for medicare eligibility on the basis of disability for ALS patients and to provide medicare coverage for outpatient drugs and therapies for ALS; and (2) to increase Federal funding of research into the cause, treatment, and cure of ALS. SEC. 2. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDICARE COVERAGE OF INDIVIDUALS DISABLED WITH AMYOTROPHIC LATERAL SCLEROSIS (ALS). (a) In General.--Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended-- (1) by redesignating subsection (h) as subsection (j) and by moving such subsection to the end of the section, and (2) by inserting after subsection (g) the following new subsection: ``(h) For purposes of applying this section in the case of an individual medically determined to have amyotrophic lateral sclerosis (ALS), the following special rules apply: ``(1) Subsection (b) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period longer than 1 month. ``(2) The entitlement under such subsection shall begin with the first month (rather than twenty-fifth month) of entitlement or status. ``(3) Subsection (f) shall not be applied.''. (b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: ``(j) In applying this section in the case of an individual who is entitled to benefits under part A pursuant to the operation of section 226(h), the following special rules apply: ``(1) The initial enrollment period under subsection (d) shall begin on the first day of the first month in which the individual satisfies the requirement of section 1836(1). ``(2) In applying subsection (g)(1), the initial enrollment period shall begin on the first day of the first month of entitlement to disability insurance benefits referred to in such subsection.''. (c) Effective Date.--The amendments made by this section shall apply to benefits for months beginning after the date of the enactment of this Act. SEC. 3. MEDICARE COVERAGE OF DRUGS TO TREAT AMYOTROPHIC LATERAL SCLEROSIS (ALS). (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraphs (N) and (O), (2) by adding ``and'' at the end of subparagraph (Q), and (3) by adding at the end the following new subparagraph: ``(R) any drug (which is approved by the Federal Food and Drug Administration) prescribed for use in the treatment or alleviation of symptoms relating to amyotrophic lateral sclerosis (ALS);''. (b) Effective Date.--The amendments made by subsection (a) shall apply to drugs furnished on or after the first day of the first month beginning after the date of the enactment of this Act. SEC. 4. INCREASED FEDERAL FUNDS FOR RESEARCH INTO AMYOTROPHIC LATERAL SCLEROSIS (ALS). For the purpose of conducting or supporting research on amyotrophic lateral sclerosis through the National Institutes of Health, there are authorized to be appropriated $25,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002. Such authorization is in addition to any other authorization of appropriations that may be available for such purpose.

Amyotrophic Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration for use in the treatment or alleviation of ALS-related symptoms. Authorizes appropriations, in addition to any already available, for ALS research through the National Institutes of Health.

Amyotrophic Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Capital and Securities Markets Study Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) Japan's capital and securities markets have assumed a global significance; (2) growing interaction between the capital and securities markets of the United States and Japan can affect national policies on exchange rates, investment, fiscal policy, and public debt; (3) Japan's capital and securities markets have different structures, operations, practices, and regulatory regimes than United States markets; (4) the different structures, operations, practices, and regulatory regimes of Japan's capital and securities markets could cause significant economic effects in the United States; and (5) a study by the Secretary of the Treasury therefore is required to gain a fuller understanding of the structure, operation, practice, and regulation of Japan's capital and securities markets and their implications for the United States. SEC. 3. STUDY OF CAPITAL AND SECURITIES MARKETS. (a) In General.--The Secretary of the Treasury (hereafter referred to as the ``Secretary'') shall conduct a study of the capital and securities markets of Japan in accordance with subsection (b). Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the structure, operation, practice, and regulation of Japan's capital and securities markets, and their implications for the United States. (b) Study Topics.--In conducting the study required by subsection (a), the Secretary shall consider-- (1) with regard to Japan's capital and securities markets-- (A) methods used by Japanese companies to raise capital, and the cost of such capital, at present and historically; (B) Japanese methods of corporate governance, particularly with regard to the effectiveness of shareholder meetings, proxy solicitations, and other methods of shareholder participation, the strength of the consumer movement in Japan and its implications for shareholder rights, techniques used by corporate management regarding shareholder participation in corporate governance, and the general effectiveness of shareholder rights in the supervision of corporate managers; (C) practices and techniques used by Japanese securities brokers and dealers; (D) the prevalence of loss guarantees and similar practices in securities dealing; (E) the prevalence of companies having common directors, especially directors common to financial institutions and client industrial companies; (F) the practice known as ``stable shareholding'' and other reciprocal shareholding relationships, especially between vendors and customers; (G) the role played by banks and other financial institutions in capital and securities markets, particularly with regard to equity participation, participation in corporate governance, investment practices, and adequacy of collateral; (H) the financial strength of Japanese banks, including the adequacy of capital and loan loss reserves, the impact of current trends in securities values on bank capital, and the impact of current trends in real estate values on bank profitability, loan defaults, and the adequacy of collateral; (I) trends in Japanese real estate and securities values, particularly in relation to savings rates, the adequacy of collateral, loan defalcations, bankruptcies, investment in the United States, and capital repatriation from the United States; (J) the adequacy of disclosure requirements imposed on industrial corporations, banks, securities houses, and other financial institutions and the extent of compliance by such organizations, including disclosure of primary bank and reciprocal or similar shareholding relationships; (K) the use of securities and real estate holdings as collateral, and the implications of any decline in value of such collateral; and (L) the adequacy of judicial relief available to foreign investors claiming injury under Japanese law, including the availability of administrative remedies, the sufficiency and effectiveness of discovery procedures and the timeliness of relief; and (2) with regard to the economic effects of such markets on the United States-- (A) the magnitude of United States investment in Japanese securities, particularly by United States pension funds, and the implications for United States investors of the structures, operations, practices, and regulations of Japan's capital and securities markets, including the safety of securities investments, the validity of price and volume signals on Japanese exchanges, the ability to participate in corporate governance, and other protections of shareholders' rights; (B) the implications for United States securities markets, particularly the risk that developments in Japan could have consequences for the United States; (C) the implications for United States capital markets, including international liquidity, United States interest rates, Japanese investment in the United States, capital repatriation to Japan, and domestic capital supply; (D) the effect on United States macroeconomic policies, including interest rate policy, exchange rate policy, fiscal policy, monetary policy, and public debt policy; (E) the implications for the competitiveness of United States enterprises, including the comparative cost of capital, duties to shareholders, research and development expenditures, and investments in plant and equipment; and (F) the effectiveness of remedies available to United States investors in Japanese securities, and the amount of dealing in Japanese securities in the United States, whether directly or indirectly. (c) Consultations.--The Secretary shall consult with the Chairman of the Securities and Exchange Commission, the United States Trade Representative, and such other agencies or persons as the Secretary may deem necessary to complete the study and report required under this Act. The Secretary may consult with agencies of the Government of Japan, Japanese exchanges, and such other Japanese persons or organizations as the Secretary may deem appropriate. SEC. 4. DEFINITIONS. For purposes of this Act the term ``security'' has the same meaning as in section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)).

Foreign Capital and Securities Markets Study Act of 1993 - Directs the Secretary of the Treasury to study and report to the Congress on the capital and securities markets of Japan and their implications for the United States.

Foreign Capital and Securities Markets Study Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workfare Incentive Act''. SEC. 2. AMENDMENT. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by inserting after subsection (b) the following new subsection: ``(c)(1)(A) If the Secretary determines-- ``(i) that a State is operating a general welfare assistance program described in paragraph (3) during a calendar quarter, or ``(ii) that more than 20 percent of the local governments within a State that provide general welfare assistance are operating programs described in paragraph (3) during a calendar quarter, the Secretary shall reduce by 50 percent the amount that such State would otherwise receive under subsection (a) or (l) with respect to expenditures made by such State during such quarter for the administration of the aid to families with dependent children program under this part. ``(B) If a State receives a reduced payment in a calendar quarter as a result of a determination by the Secretary under subparagraph (A)(ii)-- ``(i) such State shall reduce for such quarter the payments made to each State office administering the aid to families with dependent children program which is located within the jurisdiction of the local governments described in subparagraph (A)(ii) by an amount equal to 50 percent of the Federal share of the administrative expenses of such office; and ``(ii) such State shall not, as a result of such reduced payment, reduce for such quarter the payments made to any State office administering the aid to families with dependent children program which is not located within the jurisdiction of the local governments described in subparagraph (A)(ii). ``(2) If the Secretary determines that any local government within a State that is not described in paragraph (1)(A) is operating a general welfare assistance program described in paragraph (3) during a calendar quarter, the State shall reduce for such quarter the payments made to any State office administering the aid to families with dependent children program which is located within the jurisdiction of such local government by an amount equal to 50 percent of the Federal share of the administrative expenses of such office and such amount shall be paid by the State to the Secretary. ``(3) A general welfare assistance program described in this paragraph is a general welfare assistance program that-- ``(A) provides benefits to able-bodied individuals (as determined by the Secretary) who have attained age 18 and who have no dependents (hereafter referred to in this subsection as `able-bodied individuals'); ``(B) does not have a workfare program that meets the participation rate requirements of paragraph (4); and ``(C) does not meet any other requirements set forth in regulations issued by the Secretary. ``(4)(A) The participation rate requirements of this paragraph are as follows: ``(i) In the case of a workfare program which is first implemented after the date of the enactment of this subsection, the participation rate for such program shall be-- ``(I) for the second year that the program is operated, 10 percent; and ``(II) for any succeeding year that the program is operated, the program's participation rate for the preceding year plus 2 percent. ``(ii) In the case of a workfare program which is operating on the date of the enactment of this subsection, the participation rate for such program shall be-- ``(I) for 1995-- ``(aa) in the case of a program with a participation rate below 10 percent for 1994, 10 percent; and ``(bb) in the case of a program with a participation rate between 10 percent and 50 percent for 1994, the program's participation rate for 1994 plus 2 percent; and ``(II) for any succeeding year that the program is operated, the program's participation rate for the preceding year plus 2 percent. ``(B) The participation rates required under clauses (i) and (ii) of subparagraph (A) shall not exceed 50 percent. ``(C) For purposes of this subsection, the term `participation rate' means the percentage of able-bodied individuals receiving general welfare assistance who are participating in a workfare program. ``(5) Within 5 years after the date of the enactment of this subsection, the Secretary shall conduct a review of State and local participation rates and submit to Congress a report containing any of the Secretary's recommendations with respect to the participation rate requirements of paragraph (4).''. SEC. 3. APPLICATION OF AMENDMENT. (a) Except as provided in subsection (b), the amendment made by section 2 shall apply to calendar quarters beginning on or after July 1, 1995. (b) In the case of a State which the Secretary determines requires State legislation (other than legislation authorizing or appropriating funds) in order to comply with the amendments made by section 2, the State shall not be regarded as failing to comply with such amendments solely on the basis of its failure to meet the requirements of such amendments before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Workfare Incentive Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States, to avoid a 50 percent reduction in Federal funding for AFDC administrative expenses, to implement workfare programs for able-bodied residents on welfare aged 18 or over with no dependents.

Workfare Incentive Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Spectrum Inventory Act of 2012''. SEC. 2. SPECTRUM INVENTORY. (a) Amendment to Communications Act.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. SPECTRUM INVENTORY. ``(a) Radio Spectrum Inventory.--Not later than 1 year after the date of enactment of the Radio Spectrum Inventory Act of 2012, and biennially thereafter, the Commission, in consultation with the NTIA and the Office of Science and Technology Policy, shall carry out the following activities: ``(1) Report.--Prepare a report that includes an inventory of each radio spectrum band, from 300 Megahertz to 6.5 Gigahertz, at a minimum, managed by each such agency. Except as provided in subsection (b), the report shall include-- ``(A) the licensee or Federal Government user authorized in the band; ``(B) the total spectrum authorized for each licensee or Federal Government user (in percentage terms and in sum) in the band; ``(C) the approximate number of transmitters, end- user terminals, or receivers, excluding unintended radiators, that have been deployed or authorized, for each licensee or Federal Government user, in the band; and ``(D) if such information is available-- ``(i) the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, operating in the band and whether they are space-, air-, or ground-based; ``(ii) the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, authorized to operate in the band and whether they are space-, air-, or ground- based; ``(iii) contour maps or other information that illustrate the coverage area, receiver performance, and other parameters relevant to an assessment of the availability of spectrum in each band; ``(iv) the approximate geo-location of base stations or fixed transmitters; ``(v) the approximate extent of use, by geography, of each band of frequencies, such as the amount and percentage of time of use, number of end-users, or other measures as appropriate to the particular band; ``(vi) the activities, capabilities, functions, or missions supported by the transmitters, end-user terminals, or receivers; and ``(vii) the types of unlicensed devices authorized to operate in the band. ``(2) Public access.--Create a centralized portal or website utilizing data from the Commission and the NTIA to make a centralized inventory of the bands of each agency available to the public via an Internet-accessible and searchable website. ``(3) Updates.--Make all reasonable efforts to maintain and update the information required under paragraph (2) no less frequently than quarterly to reflect, at a minimum, any transfer or auction of licenses or change in allocation, assignment, or authorization. ``(b) National Security; Classified Information.-- ``(1) In general.--If the head of a Federal agency determines that disclosure of information required by subsection (a) would be harmful to the national security of the United States, the agency shall-- ``(A) notify the NTIA of its determination; and ``(B) provide to the NTIA-- ``(i) the other publicly releasable information required by subsection (a); ``(ii) to the maximum extent practicable, a summary description of the information with respect to which the determination was made; and ``(iii) an annex containing the information with respect to which the determination was made. ``(2) Classified information.--If the head of a Federal agency determines that any information required by subsection (a) is classified in accordance with Executive Order 13526 of December 29, 2009, or any successor Executive order establishing or modifying the uniform system for classifying, safeguarding, and declassifying national security information, the agency shall-- ``(A) notify the NTIA of its determination; and ``(B) provide to the NTIA-- ``(i) the information required by subsection (a)(1) that is not classified; ``(ii) to the maximum extent practicable, a summary description of the information that is classified; and ``(iii) an annex containing the information that is classified. ``(3) Annex restriction.--The NTIA shall make an annex described in paragraph (1)(B)(iii) or (2)(B)(iii) available to the Commission. Neither the NTIA nor the Commission may make any such annex available to the public pursuant to subsection (a)(2) or to any unauthorized person through any other means. ``(c) Public Safety Nondisclosure.-- ``(1) In general.--If a licensee of non-Federal spectrum determines that public disclosure of certain information held by that licensee and required to be included in the report under subsection (a) would reveal information for which public disclosure would be detrimental to public safety, or that the licensee is otherwise prohibited by law from disclosing, the licensee may petition the Commission for a partial or total exemption from inclusion on the centralized portal or website under subsection (a)(2) and in the reports required under subsection (d). ``(2) Burden.--A licensee seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support the requested exemption. ``(3) Information required.--If the Commission grants an exemption under this subsection, the licensee shall provide to the Commission-- ``(A) the publicly releasable information required by subsection (a)(1) for the inventory; ``(B) to the maximum extent practicable, a summary description, suitable for public release, of the information for which public disclosure would be detrimental to public safety or that the licensee is prohibited by law from disclosing; and ``(C) an annex, under appropriate cover, containing the information that the Commission has determined should be withheld from public disclosure. ``(d) Informing the Congress.-- ``(1) In general.--Except as provided in paragraph (3), the NTIA and the Commission shall submit each report required by subsection (a)(1) to the appropriate Congressional committees. ``(2) Nondisclosure of annexes.--Each such report shall be submitted in unclassified form, but may include one or more annexes as provided for by subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and (c)(3)(C). No Congressional committee may make any such annex available to the public or to any unauthorized person. ``(3) Classified annexes.--If a report includes a classified annex as provided for by subsection (b)(2)(B)(iii), the NTIA and the Commission shall-- ``(A) submit the classified annex only to the appropriate Congressional committees with primary oversight jurisdiction for the user agencies or licensees concerned; and ``(B) provide notice of the submission to the other appropriate Congressional committees. ``(e) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate Congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and any other congressional committee with primary oversight jurisdiction for the user agencies or licensees concerned. ``(2) NTIA.--The term `NTIA' means the National Telecommunications and Information Administration.''. (b) Progress Report.--Not later than 180 days after the date of enactment of this Act, the Commission and the National Telecommunications and Information Administration shall provide an update as to the status of the inventory and report required by section 343(a) of the Communications Act of 1934, as added by subsection (a) of this Act, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.

Radio Spectrum Inventory Act of 2012 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), subject to specified national security, classified information, and public safety exceptions, and in consultation with the National Telecommunications and Information Administration (NTIA) and the Office of Science and Technology Policy, to: (1) biennially inventory each radio spectrum band from 300 megahertz to at least 6.5 gigahertz managed by each such agency, including information on the total spectrum authorized for each licensee or federal government user and the approximate number of deployed or authorized transmitters, end-user terminals, or receivers (excluding unintended radiators) in the band; and (2) make the information available to the public on a searchable Internet website.

A bill to require a radio spectrum inventory of bands managed by the Federal Communications Commission and the National Telecommunications & Information Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missing and Exploited Children Task Force Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the victimization of children in our Nation has reached epidemic proportions; recent Department of Justice figures show that-- (A) 4,600 children were abducted by non-family members; (B) two-thirds of the abductions of children by non-family members involve sexual assault; (C) more than 354,000 children were abducted by family members; and (D) 451,000 children ran away; (2) while some local law enforcement officials have been successful in the investigation and resolution of such crimes, most local agencies lack the personnel and resources necessary to give this problem the full attention it requires; (3) a majority of the Nation's 17,000 police departments have 10 or fewer officers; and (4) locating missing children requires a coordinated law enforcement effort; supplementing local law enforcement agencies with a team of assigned active Federal agents will allow Federal agents to pool their resources and expertise in order to assist local agents in the investigation of the Nation's most difficult cases involving missing children. SEC. 3. PURPOSE. The purpose of this Act is to establish a task force comprised of law enforcement officers from pertinent Federal agencies to work with the National Center for Missing and Exploited Children (referred to as the ``Center'') and coordinate the provision of Federal law enforcement resources to assist State and local authorities in investigating the most difficult cases of missing and exploited children. SEC. 4. ESTABLISHMENT OF TASK FORCE. Title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) is amended-- (1) by redesignating sections 407 and 408 as sections 408 and 409, respectively; and (2) by inserting after section 406 the following new section: ``task force ``Sec. 407. (a) Establishment.--There is established a Missing and Exploited Children's Task Force (referred to as the ``Task Force''). ``(b) Membership.-- ``(1) In general.--The Task Force shall include at least 2 members from each of-- ``(A) the Federal Bureau of Investigation; ``(B) the Secret Service; ``(C) the Bureau of Alcohol, Tobacco and Firearms; ``(D) the United States Customs Service; ``(E) the Postal Inspection Service; ``(F) the United States Marshals Service; and ``(G) the Drug Enforcement Administration. ``(2) Chief.--A representative of the Federal Bureau of Investigation (in addition to the members of the Task Force selected under paragraph (1)(A)) shall act as chief of the Task Force. ``(3) Selection.--(A) The Director of the Federal Bureau of Investigation shall select the chief of the Task Force. ``(B) The heads of the agencies described in paragraph (1) shall submit to the chief of the Task Force a list of at least 5 prospective Task Force members, and the chief shall select 2, or such greater number as may be agreeable to an agency head, as Task Force members. ``(4) Professional qualifications.--The members of the Task Force shall be law enforcement personnel selected for their expertise that would enable them to assist in the investigation of cases of missing and exploited children. ``(5) Status.--A member of the Task Force shall remain an employee of his or her respective agency for all purposes (including the purpose of performance review), and his or her service on the Task Force shall be without interruption or loss of civil service privilege or status and shall be on a nonreimbursable basis. ``(6) Period of service.--(A) Subject to subparagraph (B), a member shall serve on the Task Force for a period of 1 year, and may be selected to a renewal of service for 1 additional year. ``(B) The chief of the Task Force may at any time request the head of an agency described in paragraph (1) to submit a list of 5 prospective Task Force members to replace a member of the Task Force, for the purpose of maintaining a Task Force membership that will be able to meet the demands of its caseload. ``(c) Support.-- ``(1) In general.--The Administrator of the General Services Administration, in coordination with the heads of the agencies described in subsection (b)(1), shall provide the Task Force office space and administrative and support services, such office space to be in close proximity to the office of the Center, so as to enable the Task Force to coordinate its activities with that of the Center on a day-to-day basis. ``(2) Legal guidance.--The Attorney General shall assign a United States Attorney to provide legal guidance, as needed, to members of the Task Force. ``(d) Purpose.-- ``(1) In general.--(A) The purpose of the Task Force shall be to make available the combined resources and expertise of the agencies described in paragraph (1) to assist State and local governments in the most difficult missing and exploited child cases nationwide, as identified by the chief of the Task Force from time to time, in consultation with the Center, and as many additional cases as resources permit, including the provision of assistance to State and local investigators on location in the field. ``(B) Technical assistance.--The role of the Task Force in any investigation shall be to provide advice and technical assistance and to make available the resources of the agencies described in subsection (b)(1); the Task Force shall not take a leadership role in any such investigation. ``(e) Training.--Members of the Task Force shall receive a course of training, provided by the Center, in matters relating to cases of missing and exploited children. ``(f) Cross-Designation of Task Force Members.--The Attorney General shall cross-designate the members of the Task Force with jurisdiction to enforce Federal law related to child abduction to the extent necessary to accomplish the purposes of this section.''.

Missing and Exploited Children Task Force Act of 1993 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a Missing and Exploited Children's Task Force (comprised of law enforcement officers from pertinent Federal agencies) to work with the National Center for Missing and Exploited Children and to coordinate the provision of Federal law enforcement resources to assist State and local authorities in investigating the most difficult cases of missing and exploited children. Requires the Director of the Federal Bureau of Investigation to select the chief of the Task Force.

Missing and Exploited Children Task Force Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Innovation Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Innovative wood product.--The term ``innovative wood product'' means a type of building component or system that uses large panelized wood construction, including mass timber. (2) Mass timber.--The term ``mass timber'' includes-- (A) cross-laminated timber; (B) nail laminated timber; (C) glue laminated timber; (D) laminated strand lumber; and (E) laminated veneer lumber. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Research and Development deputy area and the State and Private Forestry deputy area of the Forest Service. (4) Tall wood building.--The term ``tall wood building'' means a building designed to be-- (A) constructed with mass timber; and (B) more than 85 feet in height. SEC. 3. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD BUILDING CONSTRUCTION. (a) In General.--The Secretary shall conduct performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction in the United States. (b) Activities.--In carrying out subsection (a), the Secretary shall-- (1) after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research and development, education, and technical assistance at the Forest Products Laboratory or through the State and Private Forestry deputy area that meets measurable performance goals for the achievement of the priorities described in subsection (c); and (2) after coordination and collaboration with the wood products industry and conservation organizations, make competitive grants to institutions of higher education to conduct research and development, education, and technical assistance that meets measurable performance goals for the achievement of the priorities described in subsection (c). (c) Priorities.--The research and development, education, and technical assistance conducted under subsection (a) shall give priority to-- (1) ways to improve the commercialization of innovative wood products; (2) analyzing the safety of tall wood building materials; (3) calculations by the Forest Products Laboratory of the life cycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction; (4) analyzing methods to reduce the life cycle environmental footprint of tall wood building construction; (5) analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and (6) one or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry. (d) Timeframe.--To the maximum extent practicable, the measurable performance goals for the research and development, education, and technical assistance conducted under subsection (a) shall be achievable within a 5-year timeframe. SEC. 4. TALL WOOD BUILDING COMPETITION. Subject to availability of appropriations, not less frequently than once during each fiscal year for the period of fiscal years 2017 through 2021, the Secretary shall carry out a competition for a tall wood building design, or other innovative wood product demonstration, in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). SEC. 5. WOOD INNOVATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an individual; (B) a public or private entity (including a center of excellence that consists of one or more partnerships between forestry, engineering, architecture, or business schools at one or more institutions of higher education); or (C) a State, local, or tribal government. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Grants Authorized.--The Secretary, in carrying out the wood innovation grant program of the Secretary described in the notice of the Secretary entitled ``Request for Proposals: 2016 Wood Innovations Funding Opportunity'' (80 Fed. Reg. 63498 (October 20, 2015)), may make a wood innovation grant to one or more eligible entities each year for the purpose of advancing the use of innovative wood products. (c) Incentivizing Use of Existing Milling Capacity.--In selecting among proposals of eligible entities under subsection (b), the Secretary shall give priority to proposals that include the use or retrofitting (or both) of existing sawmill facilities located in counties in which the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent in the previous calendar year. (d) Matching Requirement.--As a condition of receiving a grant under subsection (b), an eligible entity shall provide funds equal to the amount the eligible entity receives under the grant, to be derived from non-Federal sources.

Timber Innovation Act of 2017 This bill directs the Department of Agriculture (USDA), acting through the Research and Development and the State and Private Forestry deputy areas of the Forest Service, to conduct performance-driven research and development, education, and technical assistance to facilitate the use of innovative wood products in wood building construction in the United States. Such activities shall give priority to: (1) improving the commercialization of such products, (2) analyzing the safety of tall wood building materials, (3) calculating and reducing the life cycle environmental footprint of tall wood building construction, and (4) analyzing the potential implications of the use of innovative wood products in building construction on wildlife. "Tall wood building" means a building designed to be over 85 feet high and constructed with large panelized wood construction, including cross-laminated timber, nail laminated timber, glue laminated timber, laminated strand lumber, and laminated veneer lumber. USDA shall carry out an annual competition for FY2017-FY2021 for a tall wood building design, or other innovative wood product demonstration, in accordance with the requirements for prize competitions carried out under the Stevenson-Wydler Technology Innovation Act of 1980. The Forest Service, in carrying out a wood innovation grant program, may make grants to advance the use of innovative wood products, with priority to grant proposals that include the use or retrofitting of existing sawmill facilities in counties where the average annual unemployment rate exceeded the national average by more than 1% in the previous year.

Timber Innovation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Federal Marijuana Policy Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1971, Congress created the National Commission on Marihuana and Drug Abuse, led by Governor Raymond P. Shafer, known as the Shafer Commission. (2) The Shafer Commission undertook a comprehensive review of the nature and scope of marijuana use, its effects, the relationship of marijuana use to other behavior, and the efficacy of existing law. (3) The final report of the Shafer Commission recommended that marijuana be decriminalized. (4) Since the Shafer Commission, the Federal Government has expanded its ``War on Drugs'' and continued to prohibit the use of marijuana. (5) The District of Columbia and 18 States have legalized and regulated the use of marijuana for medicinal purposes. (6) Since 1973, 15 States have decriminalized marijuana for personal use, in some cases based on the Shafer Commission recommendations. (7) Since 1973, 2 States have legalized and regulated marijuana for personal use. (8) Since the Shafer Commission, the Federal Government has not undertaken a similar review of its policy toward marijuana. (9) The Federal Government must reconcile its prohibition of marijuana with the laws of the States where marijuana is legal for some purposes and the likelihood that more States will follow in this path. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the National Commission on Federal Marijuana Policy (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The Commission shall undertake a comprehensive review of the state and efficacy of current policies of the Federal Government toward marijuana in light of the growing number of States in which marijuana is legal for medicinal or personal use, including-- (1) how Federal policy should interact with State laws that make marijuana legal for medicinal or personal use; (2) the cost of marijuana prohibition and potential State and Federal regulation of marijuana, as well as the potential revenue generated by taxation of marijuana; (3) the impact of Federal banking and tax laws on businesses operating in compliance with State laws related to marijuana; (4) the health impacts, both benefits and risks, related to marijuana use, and in comparison to alcohol and tobacco use; (5) the domestic and international public safety effects of marijuana prohibition and the impact that regulation and control of marijuana has on public safety; (6) the impact of marijuana prohibition on criminal justice, including any racial disparities, and the collateral consequences of prosecution for marijuana possession, including lack of access to housing, education, and employment; (7) recommending the appropriate placement of marijuana in the schedule of the Controlled Substances Act (21 U.S.C. 801 et seq.); and (8) the effects of marijuana prohibition or future regulation and control of marijuana on international relationships and treaty obligations. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 13 members appointed as follows: (1) Five individuals appointed by the President, one of whom the President shall designate as a co-chair of the Commission. (2) Two individuals appointed by the Speaker of the House of Representatives, one of whom the Speaker shall designate as a co-chair of the Commission only if the Speaker is not of the same political party of the President. (3) Two individuals appointed by the minority leader of the House of Representatives, one of whom the minority leader shall designate as a co-chair of the Commission only if the minority leader is not of the same political party of the President. (4) Two individuals appointed by the majority leader of the Senate. (5) Two individuals appointed by the minority leader of the Senate. (b) Qualifications.--The members of the Commission shall be individuals with distinguished reputations for integrity and nonpartisanship who are nationally recognized for expertise, knowledge, or experience in one or more of the following areas: (1) Criminal justice. (2) Public health. (3) Social policy. (4) Economics. (5) International law. (c) Disqualification.--An individual may not be appointed as a member of the Commission if-- (1) the individual possesses a personal financial interest in the discharge of the duties of the Commission; or (2) the individual holds public office, serves as an employee of a political party, is a public official or candidate for office, or has filed and is running as a candidate for election for public office. (d) Terms.--Members shall be appointed for the life of the Commission. (e) Appointment.--Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (f) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission. (g) Basic Pay.-- (1) In general.--Members shall each be entitled to receive the daily equivalent of level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. POWERS. (a) Meetings.-- (1) In general.--The Commission shall meet at the call of either of the co-chairs or a majority of its members. (2) First meeting.--The Commission shall hold its first meeting on the date that is 60 days after the date of enactment of this Act, or not later than 30 days after the date on which funds are made available for the Commission, whichever is later. (3) Quorum.--Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (4) Open to the public.--Meetings of the Commission shall be open to the public. Interested persons shall be permitted to appear at meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before it. (5) Notice.--Meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (b) Public 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. The Commission shall hold hearings in-- (1) at least 2 States in which marijuana is legal for medicinal purposes; (2) at least 2 States in which marijuana is legal for personal use; and (3) at least 2 States in which marijuana is not legal for any purpose. (c) Commission Panels.--The Commission may establish panels composed of less than the full membership of the Commission, but any findings or determinations of such panels are not considered findings and determinations of the Commission unless approved by the Commission. (d) Delegation.--Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this Act. (e) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 7. ADMINISTRATION. (a) Director.--The Commission may appoint a Director to be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff Appointment and Compensation.--With the approval of the Commission, the Director may appoint and fix the pay of additional personnel as the Director considers appropriate. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and 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 level V of the Executive Schedule. (c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (e) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of a co- chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (f) 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. (g) Contracts.--The Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. (h) Gifts.--Subject to existing law, the Commission may accept, use, and dispose of gifts or donations of services or property. (i) Administrative Assistance.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. SEC. 8. REPORT. Not later than 1 year after the date on which funds first become available to carry out this Act, the Commission shall submit to the President and Congress, and make available to the public, a report containing the findings, conclusions, and recommendations of the Commission. SEC. 9. TERMINATION. The Commission shall terminate 60 days after the date of the submission of the report required under section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $10,000,000 to carry out the purposes of this Act. (b) Limitation on Use.--Funds appropriated under this Act may not be used for international travel.

National Commission on Federal Marijuana Policy Act of 2013 - Establishes the National Commission on Federal Marijuana Policy to undertake a comprehensive review of current policies of the federal government toward marijuana in light of the growing number of states in which marijuana is legal for medicinal or personal use. Requires such review to include: (1) how federal policy should interact with state laws that make marijuana legal for such use; (2) the cost of the prohibition and potential regulation of marijuana and the potential revenue generated by taxation of marijuana; (3) the impact of federal banking and tax laws on businesses operating in compliance with state laws related to marijuana; (4) the health impacts related to marijuana use, and in comparison to alcohol and tobacco use; (5) the public safety effects and impact of the prohibition, and the regulation and control, of marijuana; (6) the impact of marijuana prohibition on criminal justice and the collateral consequences of prosecution for marijuana possession; (7) recommendations for the appropriate placement of marijuana in the schedule of the Controlled Substances Act; and (8) the effects of the prohibition or future regulation and control of marijuana on international relationships and treaty obligations.

National Commission on Federal Marijuana Policy Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Family Protection Act''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended by adding at the end the following: ``Last Payment of Benefit Terminated by Death ``(k)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of the Social Security Act (42 U.S.C. 428) is amended by adding at the end the following: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).''. SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social Security Act (42 U.S.C. 402(a)(3)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1)(D) of such Act (42 U.S.C. 402(b)(1)(D)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii)(II) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of the Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1)(D) of the Social Security Act (42 U.S.C. 402(c)(1)(D)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii)(II) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of the Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) in subparagraph (D), by striking ``dies, or''. (e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of the Social Security Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended by adding at the end the following: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any amount received by reason of section 202(z), 223(j), or 228(i).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the date that is 180 days after the date of the enactment of this Act.

Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the last payment of the monthly benefit for that month shall be half the ususal benefit amount.

A bill to amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multilateral Bosnia and Herzegovina Self-Defense Fund Act''. SEC. 2. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND. (a) Authority for Establishment.--(1) Subject to the other provisions of this section, the President is authorized to enter into an international agreement with eligible countries for the establishment of a fund to assist the self-defense of Bosnia and Herzegovina, which may be known as the ``Multilateral Bosnia and Herzegovina Self-Defense Fund''. (2) The Secretary of State is authorized-- (A) to pay the United States contribution to the Fund out of amounts made available pursuant to section 3; and (B) to transfer to the custody of the international board having responsibility for the Fund military equipment that has been drawn down in accordance with section 4. (b) Purpose.--The purpose of the Fund shall be to provide an international mechanism for the procurement of military equipment and training for transfer to the Government of Bosnia and Herzegovina for the exercise of its right to self defense under Article 51 of the United Nations Charter, and to facilitate the achievement of a just and equitable peace settlement by enabling the Government of Bosnia and Herzegovina to protect its population and territory. (c) Requirements.--An agreement referred to in subsection (a) shall meet the following requirements: (1) United states representation.--The United States will chair any international board having responsibility for the Fund. (2) Membership of the international board.--Membership of any international board having responsibility for the Fund will include, at a minimum, one representative of the Government of Bosnia and Herzegovina and one representative from the Government of Croatia. (3) Control of military equipment.--The agreement will provide procedures for the control of military equipment received by the international board having responsibility for the Fund. (4) Commitment by the government of bosnia and herzegovina.--Before any military equipment or training purchased or otherwise acquired through the Fund, or held by the international board responsible for the Fund, may be transferred to the Government of Bosnia and Herzegovina that Government will provide written assurances that the equipment or training will not be used to take reprisals against any civilians in Bosnia and Herzegovina. (5) Implementation.--No military equipment or training purchased or otherwise acquired through the Fund, or held by the international board responsible for the Fund, will be transferred to the Government of Bosnia and Herzegovina before the date of termination of the United States arms embargo against the Government of Bosnia and Herzegovina if such a transfer would violate the embargo. (d) Definitions.--As used in this section: (1) Eligible countries.--The term ``eligible countries'' includes any foreign country other than a country the government of which the Secretary of State has determined, in accordance with section 6(j)(1)(A) of the Export Administration Act of 1979, repeatedly provides support for acts of international terrorism. (2) Fund.--The term ``Fund'' means the fund established as provided in section 2(a). (3) Government of bosnia and herzegovina.--The term ``Government of Bosnia and Herzegovina'' includes any agency, instrumentality, or forces of the Government of Bosnia and Herzegovina. (4) United states arms embargo of the government of bosnia and herzegovina.--The term ``United States arms embargo of the Government of Bosnia and Herzegovina means the application to the Government of Bosnia and Herzegovina of-- (A) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 FR 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (B) any similar policy being applied by the United States Government as of the date of completion of withdrawal of UNPROFOR personnel from Bosnia and Herzegovina, pursuant to which approval is denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 3. UNITED STATES CONTRIBUTION TO THE FUND. Of the amounts made available for fiscal year 1996 to carry out the Foreign Military Financing Program under section 23 of the Arms Export Control Act, $50,000,000 shall be available only for payment to the Fund of the United States contribution authorized by section 2(a)(2)(A). SEC. 4. DRAW DOWN AUTHORITY. (a) Authority.--The President is authorized to transfer, subject to the regular notification procedures of the Committees on Appropriations of the House and the Senate, to the custody of the international board having responsibility for the Fund, without reimbursement, defense articles from the stocks of the Department of Defense and defense services of the Department of Defense of an aggregate value not to exceed $50,000,000 in fiscal year 1996. (b) Authorization of Appropriations.--There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles provided under this section. SEC. 5. REPORT. Sixty days after the date of enactment of this Act, the President shall submit a report to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives on what steps the President and the Secretary of State have taken to carry out section 2(a). SEC. 6. STATUTORY CONSTRUCTION. Nothing in this Act shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support, or delivery of military equipment.

Multilateral Bosnia and Herzegovina Self-Defense Fund Act - Authorizes the President to enter into an international agreement with eligible countries to establish the Multilateral Bosnia and Herzegovina Self-Defense Fund as an international mechanism for the procurement of military equipment and training for transfer to the Government of Bosnia and Herzegovina for the exercise of its right of self-defense. Sets forth requirements with respect to the administration of such Fund. Makes specified funds available for the U.S. contribution to the Fund. Authorizes the President, subject to notification procedures of the Committees on Appropriations, to drawdown and transfer to the custody of the international board having responsibility for the Fund, without reimbursement, defense articles from Department of Defense (DOD) stocks and DOD services of up to a specified aggregate value in FY 1996. Authorizes appropriations.

Multilateral Bosnia and Herzegovina Self-Defense Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Office of Regulatory Analysis Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Federal regulations can have a positive impact in protecting the environment and the health and safety of all Americans; however, uncontrolled increases in the costs that regulations place on the economy cannot be sustained; (2) the legislative branch has a responsibility to see that the laws it passes are properly implemented by the executive branch; (3) effective implementation of chapter 8 of title 5 of the United States Code (relating to congressional review of agency rulemaking) is essential to controlling the regulatory burden that the Government places on the economy; and (4) in order for the legislative branch to fulfill its responsibilities under chapter 8 of title 5, United States Code, it must have accurate and reliable information on which to base its decisions. (b) Purpose.--The purpose of this Act is to establish a congressional office to provide Congress with independent, timely, and reasoned analyses of existing and anticipated Federal rules and regulations, including-- (1) assessments of the need for, and effectiveness of, existing and anticipated Federal rules and regulations in meeting the mandates of underlying statutes; (2) statements of the existing and projected economic and noneconomic impacts, including the impacts of reporting requirements, of such rules and regulations; and (3) separate assessments of the effects of existing and anticipated regulations on segments of the public, such as geographic regions and small entities. SEC. 3. ESTABLISHMENT OF OFFICE. (a) Establishment.-- (1) In general.--There is established a Congressional Office of Regulatory Analysis (hereafter in this Act referred to as the ``Office''). The Office shall be headed by a Director. (2) Appointment.--The Director shall be appointed by the Majority Leader of the Senate and the Speaker of the House of Representatives without regard to political affiliation and solely on the basis of the Director's ability to perform the duties of the Office. (3) Term.--The term of office of the Director shall be 4 years, but no Director shall be permitted to serve more than 3 terms. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of that term may continue to serve until the individual's successor is appointed. (4) Removal.--The Director may be removed by a concurrent resolution of Congress. (5) Compensation.--The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Personnel.--The Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate authority to perform any of the duties, powers, and functions of the Office or the Director. For purposes of pay (other than pay of the Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the Senate. (c) Experts and Consultants.--In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay under the General Schedule of section 5332 of title 5, United States Code. (d) Relationship to Executive Branch.-- (1) In general.--The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government, including the Office of Management and Budget, and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall promptly furnish the Director any available material which the Director determines to be necessary in the performance of the Director's duties and functions (other than material the disclosure of which would be a violation of law). (2) Services.--Upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission-- (A) the Director may use the services, facilities, and personnel with or without reimbursement of such department, agency, establishment, or commission; and (B) the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel. (e) Relationship to Other Agencies of Congress.--In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, Congressional Budget Office, and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General, the Director of the Congressional Budget Office, and the Librarian of Congress are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence. (f) Appropriations.--There are authorized to be appropriated to the Office for fiscal years 1998 through 2006 such sums as may be necessary to enable the Office to carry out its duties and functions. SEC. 4. RESPONSIBILITIES. (a) Transfer of Functions Under Chapter 8 From GAO to Office.-- (1) Director's authority.--Section 801 of title 5, United States Code, is amended by striking ``Comptroller General'' each place it occurs and inserting ``Director of the Office''; and (2) Definition.--Section 804 is amended by adding at the end the following: ``(4) The term `Director of the Office' means the Director of the Congressional Office of Regulatory Affairs established under section 3 of the Congressional Office of Regulatory Analysis Act.''. (3) Major rules.-- (A) Regulatory impact analysis.--In addition to the assessment of an agency's compliance with the procedural steps for major rules described under section 801(a)(2)(A) of title 5, United States Code, the Office shall conduct its own regulatory impact analysis of such major rules. The analysis shall include-- (i) a description of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; (ii) a description of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; (iii) a determination of the potential net benefits of the rule, including an evaluation of effects that cannot be quantified in monetary terms; (iv) a description of alternative approaches that could achieve the same regulatory goal at a lower cost, together with an analysis of the potential benefit and costs and a brief explanation of the legal reasons why such alternatives, if proposed, could not be adopted; and (v) a summary of how these results differ, if at all, from the results that the promulgating agency received when conducting similar analyses. (B) Time for report to committees.--Section 801(a)(2)(A) of title 5, United States Code, is amended by striking ``15'' and inserting ``45''. (4) Nonmajor rules.--The Office shall conduct a regulatory impact analysis, in accordance with paragraph (3)(A), of any nonmajor rule, as defined in section 804(3) of title 5, United States Code, when requested to do so by a committee of the Senate or House of Representatives, or individual Senator or Representative. (5) Priorities.-- (A) Assignment.--To ensure that analyses of the most significant regulations occur, the Office shall give first priority to, and is required to conduct analyses of, all major rules, as defined in section 804(2) of title 5, United States Code. Secondary priority shall be assigned to requests from committees of the Senate and the House of Representatives. Tertiary priority shall be assigned to requests from individual Senators and Representatives. (B) Discretion to director of office.--The Director of the Office shall have the discretion to assign priority among the secondary and tertiary requests. (b) Transfer of Certain Functions Under the Unfunded Mandates Reform Act of 1995 From CBO to Office.-- (1) Cost of regulations.--Section 103 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1511) is amended-- (A) in subsection (b), by striking ``the Director'' and inserting ``the Director of the Congressional Office of Regulatory Analysis''; and (B) in subsection (c), by inserting after ``Budget Office'' the following: ``or the Director of the Congressional Office of Regulatory Analysis''. (2) Assistance to the congressional office of regulatory analysis.--Section 206 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1536) is amended-- (A) by amending the section heading to read as follows: ``sec. 206. assistance to the congressional office of regulatory analysis.''; and (B) in paragraph (2), by striking ``the Director of the Congressional Budget Office'' and inserting ``the Director of the Congressional Office of Regulatory Analysis''. (c) Other Reports.--In addition to the regulatory impact analyses of major and nonmajor rules described under subsection (a), the Office shall issue an annual report on an estimate of the total cost of Federal regulations on the United States economy. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Congressional Office of Regulatory Analysis Act - Establishes a Congressional Office of Regulatory Analysis. Authorizes appropriations. Transfers to the Director of such Office (the Director) the functions of the Comptroller General with respect to congressional review of agency rulemaking. Requires the Office to conduct its own specified regulatory impact analysis of major rules. Extends the deadline by which the Director must report to appropriate congressional committees on each major rule from 15 to 45 calendar days after its submission to the Congress or publication in the Federal Register. Requires the Office to conduct a regulatory impact analysis of any nonmajor rule when requested to do so by a congressional committee or Member of Congress. Amends the Unfunded Mandates Reform Act of 1995 to: (1) transfer functions of the Director of the Congressional Budget Office (CBO) to the Director with respect to the comparison between agency and CBO mandate cost estimates; and (2) require the Director of the Office of Management and Budget (OMB), at the request of the CBO Director or the Director, to cooperate in providing mandate cost estimates and related data. Directs the OMB Director to collect agency statements prepared under such Act for forwarding to the Director (currently the CBO Director) after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared.

Congressional Office of Regulatory Analysis Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Investment Account Act of 2005''. SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. INDIVIDUAL INVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate amount paid in cash for the taxable year by such individual to an individual investment account established for the benefit of such individual. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual investment account.--The term `individual investment account' means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)) 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 any collectible (as defined in section 408(m)). ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of a taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of an individual investment account shall be included in gross income by the distributee unless such amount is part of a qualified first- time homebuyer distribution. ``(2) Qualified first-time homebuyer distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified first-time homebuyer distribution' has the meaning given to such term by section 72(t)(8). ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified first-time homebuyer distributions for all taxable years shall not exceed $15,000. ``(C) Basis reduction.--The basis of any principal residence described in subparagraph (A) shall be reduced by the amount of any qualified first-time homebuyer distribution. ``(3) Transfer of account incident to divorce.--The transfer of an individual's interest in an individual investment account to his former spouse under a divorce decree or under a written instrument incident to a divorce shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer shall be treated as an individual investment account of such spouse and not of such individual. Thereafter such account shall be treated, for purposes of this subtitle, as maintained for the benefit of such spouse. ``(d) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual investment account shall be exempt from taxation under this subtitle unless such account has ceased to be such an account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the individual investment account is established, that individual engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual investment account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual investment account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (c) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, an individual for whose benefit an individual investment account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to that individual. ``(4) Rollover contributions.--Subsection (c)(1) shall not apply to any amount paid or distributed out of an individual investment account to the individual for whose benefit the account is maintained if such amount is paid into another individual investment account for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution. ``(e) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2005, the $15,000 amount contained in subsection (c)(2)(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 2004' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount (as increased under paragraph (1)) is not a multiple of $10, such dollar amount shall be increased to nearest multiple of $10. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if 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 if the custodial account would, except for the fact that it is not a trust, constitute an individual investment account described in subsection (b). 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 an individual investment account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting before the last sentence the following new paragraph: ``(21) Individual investment account contributions.--The deduction allowed by section 224 (relating to individual investment accounts).''. (c) Individual Investment Accounts Exempt From Estate Tax.--Part III of subchapter A of chapter 11 of such Code is amended by redesignating section 2046 as section 2047 and by inserting after section 2045 the following new section: ``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS. ``Notwithstanding any other provision of law, there shall be excluded from the value of the gross estate the value of any individual investment account (as defined in section 224(b)). Section 1014 shall not apply to such accounts.''. (d) Nonrecognition of Gain on Sale of Principal Residence Where Amount Equal to Otherwise Taxable Gain Deposited Into Individual Investment Account.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more. ``(b) Limitation.--The amount of gain excluded from gross income under subsection (a) shall not exceed the amount paid in cash (during the 1-year period beginning on the date of the sale or exchange) to an individual investment account (as defined in section 224(b)) established for the benefit of the taxpayer or his spouse. ``(c) Certain Rules on Ownership and Use to Apply.--Rules similar to the rules of section 121(d) shall apply for purposes of determining ownership and use under this section.''. (e) Tax on Prohibited Transactions.-- (1) Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting the following new subparagraph after subparagraph (E): ``(F) an individual investment account described in section 224(b), ''. (2) Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: ``(7) Special rule for individual investment accounts.--An individual for whose benefit an individual investment account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual investment account by reason of the application of section 224(d)(2)(A) to such account.''. (f) Failure to Provide Reports on Individual Investment Accounts.-- Paragraph (2) of section 6693(a) of such Code is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) section 224(g) (relating to individual investment accounts),''. (g) Adjustment of Basis of Residence Acquired Through Use of Account.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(32) to the extent provided in section 224(c)(2)(C), in the case of a residence the acquisition of which was made in whole or in part with funds from an individual investment account.''. (h) Clerical Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of principal residence if reinvestment in individual investment account.''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: ``Sec. 224. Individual investment accounts. ``Sec. 225. Cross reference.''. (3) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2046 and inserting the following new items: ``Sec. 2046. Individual investment accounts. ``Sec. 2047. Disclaimers.''. (i) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Individual Investment Account Act of 2005 - Amends the Internal Revenue Code to allow an individual taxpayer a tax deduction from gross income (whether or not the taxpayer itemizes deductions) for cash contributions to an individual investment account. Permits tax free distributions up to $15,000 from such accounts for the purchase of a principal residence by a first-time homebuyer. Allows an annual inflation adjustment to the $15,000 limit beginning in 2006. Excludes individual investment accounts from the calculation of the gross estate for estate tax purposes. Excludes from gross income gain from the sale of a principal residence if such gain is reinvested in an individual investment account.

To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to individual investment accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEP A Act of 2013''. SEC. 2. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. ``(a) Definitions.--In this section-- ``(1) the term `eligible small business concern' means a small business concern that-- ``(A) has been in business for not less than the 1- year period ending on the date on which assistance is provided using a grant under this section; ``(B) is operating profitably, based on operations in the United States; ``(C) has demonstrated understanding of the costs associated with exporting and doing business with foreign purchasers, including the costs of freight forwarding, customs brokers, packing and shipping, as determined by the Associate Administrator; and ``(D) has in effect a strategic plan for exporting; ``(2) the term `program' means the State Trade and Export Promotion Grant Program established under subsection (b); ``(3) the term `small business concern owned and controlled by women' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); ``(4) the term `socially and economically disadvantaged small business concern' has the meaning given that term in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 6537(a)(4)(A)); and ``(5) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(b) Establishment of Program.--The Associate Administrator shall establish a trade and export promotion program to be known as the State Trade and Export Promotion Grant Program, to make grants to States to carry out export programs that assist eligible small business concerns in-- ``(1) participation in a foreign trade mission; ``(2) a foreign market sales trip; ``(3) a subscription to services provided by the Department of Commerce; ``(4) the payment of website translation fees; ``(5) the design of international marketing media; ``(6) a trade show exhibition; ``(7) participation in training workshops; or ``(8) any other export initiative determined appropriate by the Associate Administrator. ``(c) Grants.-- ``(1) Joint review.--In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State that export or to increase the value of the exports by eligible small business concerns in the State. ``(2) Considerations.--In making grants under this section, the Associate Administrator may give priority to an application by a State that proposes a program that-- ``(A) focuses on eligible small business concerns as part of an export promotion program; ``(B) demonstrates success in promoting exports by-- ``(i) socially and economically disadvantaged small business concerns; ``(ii) small business concerns owned or controlled by women; and ``(iii) rural small business concerns; ``(C) promotes exports from a State that is not 1 of the 10 States with the highest percentage of exporters that are small business concerns, based upon the latest data available from the Department of Commerce; and ``(D) promotes new-to-market export opportunities to Sub-Saharan Africa for eligible small business concerns in the United States. ``(3) Limitations.-- ``(A) Single application.--A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. ``(B) Proportion of amounts.--The total value of grants under the program made during a fiscal year to the 10 States with the highest number of exporters that are small business concerns, based upon the latest data available from the Department of Commerce, shall be not more than 40 percent of the amounts appropriated for the program for that fiscal year. ``(4) Application.--A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish. ``(d) Competitive Basis.--The Associate Administrator shall award grants under the program on a competitive basis. ``(e) Federal Share.--The Federal share of the cost of an export program carried out using a grant under the program shall be-- ``(1) for a State that has a high export volume, as determined by the Associate Administrator, not more than 65 percent; and ``(2) for a State that does not have a high export volume, as determined by the Associate Administrator, not more than 75 percent. ``(f) Non-Federal Share.--The non-Federal share of the cost of an export program carried using a grant under the program shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program. ``(g) Reports.--The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the State Trade and Export Promotion Grant Program, which shall include-- ``(1) the description of the program and the selection process conducted by States to award grants to small business concerns; ``(2) the number and amount of grants made under the program during the preceding year; ``(3) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with grant; ``(4) the effect of each grant on exports by eligible small business concerns in the State receiving the grant; and ``(5) the number of grants and amounts awarded under the program covering exports to Sub-Saharan Africa. ``(h) Reviews by Inspector General.-- ``(1) In general.--The Inspector General of the Administration shall conduct a review of-- ``(A) the extent to which recipients of grants under the program are measuring the performance of the activities being conducted and the results of the measurements; and ``(B) the overall management and effectiveness of the program. ``(2) Report.--Not later than the date that is 2 years after the date of enactment of this section, and every 2 years thereafter, the Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the review conducted under paragraph (1). ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out the program $30,000,000 for each fiscal year after the date of enactment of this section.''.

STEP A Act of 2013 - Amends the Small Business Act to extend the three-year pilot State Trade and Export Promotion Grant Program originally established under the Small Business Jobs Act of 2010.

STEP A Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Family Priority Act''. SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocation for Spouses and Children of Permanent Resident Aliens.--Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c).''. SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS. Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(A) 88,000; minus ``(B) the number computed under paragraph (2).''; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). SEC. 4. CONFORMING AMENDMENTS. (a) Numerical Limitation to Any Single Foreign State.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(4)-- (A) by amending subparagraphs (A) and (B) to read as follows: ``(A) 75 percent of family-sponsored immigrants not subject to per country limitation.--Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ``(B) Treatment of remaining 25 percent for countries subject to subsection (e).-- ``(i) In general.--Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). ``(ii) Subsection (e) ceiling defined.--In clause (i), the term `subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area consistent with subsection (e).''; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)-- (A) in paragraph (1), by adding ``and'' at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking ``respectively,'' and all that follows through the period at the end and inserting ``respectively.''. (b) Rules for Determining Whether Certain Aliens Are Children.-- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)''. (c) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (B) in subparagraph (B), by striking ``203(a)(2)(A)'' and ``203(a)(2)'' each place such terms appear and inserting ``203(a)''; and (C) in subparagraph (D)(i)(I), by striking ``a petitioner for preference status under paragraph (1), (2), or (3)'' and all that follows through the period at the end and inserting ``an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (2) in subsection (f)(1), by striking ``201(b), 203(a)(1), or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and (3) by striking subsection (k). (d) Waivers of Inadmissibility.--Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by striking ``(other than paragraph (4) thereof)''. (e) Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters.--Section 216(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. (f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. SEC. 5. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the amendments made by this Act that is filed after the date of the introduction of this Act. (2) Any application for an immigrant visa based on a petition described in paragraph (1).

Nuclear Family Priority Act - Amends the Immigration and Nationality Act to replace existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants.

To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.

SECTION 1. DEFINITIONS. For purposes of this Act-- (1) the term ``brownfield site'' has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); (2) the term ``designated refinery'' means a refinery designated under section 2(a); (3) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (4) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (5) the term ``Secretary'' means the Secretary of Energy; and (6) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 2. STATE PARTICIPATION AND SECRETARY'S DESIGNATION. (a) Designation Requirement.--Not later than 90 days after the date of enactment of this Act, the Secretary shall designate no less than 5 brownfield sites, or portions thereof, subject to subsection (c)(2), that are appropriate and available for the purposes of siting a refinery. (b) Analysis of Refinery Sites.--In considering any site for possible designation under subsection (a), the Secretary shall conduct an analysis of-- (1) the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels; (2) the distribution of the Nation's refined petroleum product demand; (3) whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility; (4) the need to diversify the geographical location of the domestic refining capacity; (5) the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers; and (6) such other factors as the Secretary considers appropriate. (c) Making Designated Sites Available.-- (1) Secretary's role.--If a designated site is owned by the Federal Government, the Secretary shall take appropriate actions to make the site available for the construction of a refinery. If the site is not owned by the Federal Government, the Secretary shall facilitate the necessary transfer of interest in the site from a willing seller to enable the construction of a refinery on the site. (2) Governor's objection.--No site may be used for a refinery under this Act if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the Secretary an objection to the designation, unless, not later than 60 days after the Secretary receives such objection, the Congress has by law overridden the objection. SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE. (a) Designation as Lead Agency.-- (1) In general.--The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (b) Schedule.-- (1) Secretary's authority to set schedule.--The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall-- (A) ensure expeditious completion of all such proceedings; and (B) accommodate the applicable schedules established by Federal law for such proceedings. (2) Failure to meet schedule.--If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d). (c) Consolidated Record.--The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record. (d) Judicial Review.-- (1) In general.--The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of-- (A) an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and (B) an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization. The failure of an agency or official to act on a Federal refinery authorization in accordance with the Secretary's schedule established pursuant to subsection (b) shall be considered inconsistent with Federal law for the purposes of paragraph (2) of this subsection. (2) Court action.--If the Court finds that an order or action described in paragraph (1)(A) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in paragraph (1)(B) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand. (3) Secretary's action.--For any civil action brought under this subsection, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to subsection (c). (4) Expedited review.--The Court shall set any civil action brought under this subsection for expedited consideration. (5) Attorney's fees.--In any action challenging a Federal refinery authorization that has been granted, reasonable attorney's fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization. SEC. 4. 5-YEAR EXTENSION OF ELECTION TO EXPENSE CERTAIN REFINERIES. (a) In General.--Paragraph (1) of section 179C(c) of the Internal Revenue Code of 1986 (defining qualified refinery property) is amended-- (1) by striking ``January 1, 2012'' in subparagraph (B) and inserting ``January 1, 2017'', and (2) by striking ``January 1, 2008'' each place it appears in subparagraph (F) and inserting ``January 1, 2013''. (b) Implementation Through Secretarial Guidance.-- (1) Guidance.--Paragraph (1) of section 179C(b) of such Code (relating to general rule for election) is amended by inserting ``or other guidance'' after ``regulations''. (2) Reporting.--Subsection (h) of section 179C of such Code (relating to reporting) is amended by striking ``shall require'' and inserting ``may, through guidance, require''. (c) Effective Date.--The amendments made by this Act shall apply to property placed in service after December 31, 2007. (d) Requirement for Issuance of Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations or other guidance to carry out section 179C of the Internal Revenue Code of 1986 (as amended by this section).

Requires the Secretary of Energy to designate at least five brownfield sites (or portions of them) that are appropriate and available for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations. Amends the Internal Revenue Code to extend until January 1, 2017, the election to expense certain refineries.

To expedite the construction of new refining capacity on brownfield sites in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Tax Cut Act of 2003''. SEC. 2. REFUND OF EMPLOYEE PAYROLL TAXES. (a) Payment of Refunds.-- (1) In general.--The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to each individual an amount equal to the lesser of-- (A) $765, or (B) the amount of the individual's social security taxes for 2001. (2) Payment in installments.--The Secretary of the Treasury shall make the payment under paragraph (1) in two equal installments-- (A) the first of which shall be paid on the date which is 2 months after the date of the enactment of this Act, and (B) the second of which shall be paid on December 1, 2003. The Secretary may, after notice to the Senate and House of Representatives, make adjustments in the timing of each installment to the extent the adjustments are administratively necessary. (3) No interest.--No interest shall be allowed on any payment required by this subsection. (4) Certain individuals not eligible.--No payment shall be made under this subsection to-- (A) any estate or trust, (B) any nonresident alien, or (C) any individual with respect to whom a deduction under section 151 of such Code is allowable to another taxpayer for a taxable year beginning in 2001. (5) Social security taxes.--For purposes of this subsection-- (A) In general.--The term ``social security taxes'' has the meaning given such term by section 24(d)(2) of the Internal Revenue Code of 1986. (B) State and local employees not covered by social security system.--In the case of any individual-- (i) whose service is not treated as employment by reason of section 3121(b)(7) of such Code (relating to exemption for State and local employees), and (ii) who, without regard to this subparagraph, has no social security taxes for 2001, the term ``social security taxes'' shall include the individual's employee contributions to a governmental pension plan by reason of the service described in clause (i). (b) 2002 Refund for Individuals Not Receiving Full 2001 Refund.-- Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6429. REFUND OF CERTAIN 2002 PAYROLL TAXES. ``(a) In General.--Each eligible individual shall be treated as having made a payment against the tax imposed by chapter 1 for such individual's first taxable year beginning in 2002 in an amount equal to the payroll tax refund amount for such taxable year. ``(b) Payroll Tax Refund Amount.--For purposes of subsection (a), the payroll tax refund amount is the excess (if any) of-- ``(1) the lesser of-- ``(A) $765, or ``(B) the amount of the individual's social security taxes for 2002, over ``(2) the amount of the payment to the individual under section 2(a) of the Wage Tax Cut Act of 2003. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien, or ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in 2002. ``(d) Timing of Payments.--In the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before December 31, 2003. ``(e) No Interest.--No interest shall be allowed on any overpayment attributable to this section. ``(f) Social Security Taxes.--For purposes of this section, the term `social security taxes' has the meaning given such term by section 2(a)(5) of the Wage Tax Cut Act of 2003.'' (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6429. Refund of certain 2002 payroll taxes.'' SEC. 3. REFUND OF EMPLOYER PAYROLL TAXES ON FIRST $10,000 OF WAGES PER EMPLOYEE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds), as amended by section 2, is amended by adding at the end the following: ``SEC. 6430. REFUND OF EMPLOYER PAYROLL TAXES ON FIRST $10,000 OF WAGES OF AN EMPLOYEE. ``(a) General Rule.--Each employer subject to tax under section 3111 or 3221(a) with respect to employment during the payroll tax holiday period shall be treated as having made a payment against the tax imposed by chapter 1 for each taxable year which includes any portion of such period in an amount equal to the sum of the payroll tax refund amounts determined for all employees of the employer for such taxable year. ``(b) Payroll Tax Refund Amount.--For purposes of this section, the term `payroll tax refund amount' means, with respect to any employee for any taxable year of an employer, the excess (if any) of-- ``(1) the lesser of-- ``(A) $765, or ``(B) the amount of the employer's social security taxes paid or incurred with respect to employment of the employee during any portion of the payroll tax holiday period within the taxable year, over ``(2) the amount treated as paid by the employer under this section with respect to the employee for any preceding taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Payroll tax holiday period.--The term `payroll tax holiday period' means the 12-month period beginning with the first month following the date of the enactment of this section. The Secretary may, after notice to the Senate and House of Representatives, delay the beginning of such period if the Secretary determines such delay is administratively necessary to provide adequate notice of the provisions of this section to employers and employees. ``(2) Employer payroll taxes.-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by sections 3111 and 3221(a). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(3) Employment.--The term `employment' includes services subject to tax under chapter 22 (relating to railroad retirement taxes). ``(d) Special Rules.--For purposes of this section-- ``(1) Common control.--All employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section. ``(2) Trade or business requirement.--This section shall not apply to employer payroll taxes paid with respect to an employee unless more than one-half of the employee's remuneration is for services performed in a trade or business of the employer. Any determination under this subparagraph shall be made without regard to subsections (a) and (b) of section 52.'' (b) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6430. Refund of employer payroll taxes on first $10,000 of wages of an employee.''

Wage Tax Cut Act of 2003 - Directs the Secretary of the Treasury to pay to each eligible individual the lesser of $765, or the amount of the individual's social security taxes, or payments to a State or local governmental pension plan, for 2001.Amends the Internal Revenue Code to provide a 2002 refund for eligible individuals who did not receive their full 2001 refund, as provided for by this Act.Provides employers with an income tax credit of up to $765 for payroll taxes paid during the payroll tax holiday (the 12-month period beginning with the first month after the date of enactment of this Act).

A bill to amend the Internal Revenue Code of 1986 to provide a rebate of up to $765 to individuals for payroll taxes paid in 2001, to provide employers with an income tax credit of up to $765 for payroll taxes paid during the payroll tax holiday period, and for other purposes.

SECTION 1. INCLUSION OF ALL BANKING AGENCIES. (a) In General.--The second sentence of section 18(f)(1) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended-- (1) by striking ``The Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions described in paragraph (3))'' and inserting ``Each Federal banking agency (with respect to the depository institutions each such agency supervises)''; and (2) by inserting ``in consultation with the Commission'' after ``shall prescribe regulations''. (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is further amended by inserting after the second sentence the following: ``Such regulations shall be prescribed jointly by such agencies to the extent practicable. Notwithstanding any other provision of this section, whenever such agencies commence such a rulemaking proceeding, the Commission, with respect to the entities within its jurisdiction under this Act, may commence a rulemaking proceeding and prescribe regulations in accordance with section 553 of title 5, United States Code. If the Commission commences such a rulemaking proceeding, the Commission, the Federal banking agencies, and the National Credit Union Administration Board shall consult and coordinate with each other so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency to the extent practicable.''. (c) GAO Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the status of regulations of the Federal banking agencies and the National Credit Union Administration regarding unfair and deceptive acts or practices by the depository institutions. (d) Technical and Conforming Amendments.--Section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``banks or savings and loan institutions described in paragraph (3), each agency specified in paragraph (2) or (3) of this subsection shall establish'' and inserting ``depository institutions and Federal credit unions, the Federal banking agencies and the National Credit Union Administration Board shall each establish''; and (B) by striking ``banks or savings and loan institutions described in paragraph (3), subject to its jurisdiction'' before the period and inserting ``depository institutions or Federal credit unions subject to the jurisdiction of such agency or Board''; (2) in the sixth sentence of paragraph (1) (as amended by subsection (b))-- (A) by striking ``each such Board'' and inserting ``each such banking agency and the National Credit Union Administration Board''; (B) by striking ``banks or savings and loan institutions described in paragraph (3)'' each place such term appears and inserting ``depository institutions subject to the jurisdiction of such agency''; (C) by striking ``(A) any such Board'' and inserting ``(A) any such Federal banking agency or the National Credit Union Administration Board''; and (D) by striking ``with respect to banks, savings and loan institutions'' and inserting ``with respect to depository institutions''; (3) by adding at the end of paragraph (1) the following new sentence: ``For purposes of this subsection, the terms `Federal banking agency' and `depository institution' have the same meaning as in section 3 of the Federal Deposit Insurance Act.''; (4) in paragraph (2)(C), by inserting ``than'' after ``(other''; (5) in paragraph (3), by inserting ``by the Director of the Office of Thrift Supervision'' before the period at the end; (6) in paragraph (4), by inserting ``by the National Credit Union Administration'' before the period at the end; and (7) in paragraph (6), by striking ``the Board of Governors of the Federal Reserve System'' and inserting ``any Federal banking agency or the National Credit Union Administration Board''. Passed the House of Representatives December 5, 2007. Attest: LORRAINE C. MILLER, Clerk.

Amends the Federal Trade Commission Act to transfer to each federal banking agency, with respect to depository institutions it supervises, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions). Requires the federal banking agencies to prescribe such regulations: (1) jointly to the extent practicable; and (2) in consultation with the Federal Trade Commission (FTC). Authorizes the FTC, with respect to entities within its jurisdiction, to commence a rulemaking proceeding and prescribe regulations whenever such banking agencies commence a rulemaking proceeding. Requires the FTC, whenever it commences such a rulemaking proceeding, to consult and coordinate with the federal banking agencies and the National Credit Union Administration (NCUA) Board so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by the agencies to the extent practicable. Instructs the Comptroller General to report to Congress on the status of regulations of the federal banking agencies and the NCUA regarding unfair and deceptive acts or practices by depository institutions.

To include all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act of 2016'' or the ``TAILOR Act of 2016''. SEC. 2. TAILORING REGULATION TO BUSINESS MODEL AND RISK. (a) Definitions.--In this section-- (1) the term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection; and (2) the term ``regulatory action''-- (A) means any proposed, interim, or final rule or regulation, guidance, or published interpretation; and (B) does not include any action taken by a Federal financial institutions regulatory agency that is solely applicable to an individual institution, including an enforcement action or order. (b) Consideration and Tailoring.--For any regulatory action occurring after the date of enactment of this Act, each Federal financial institutions regulatory agency shall-- (1) take into consideration the risk profile and business models of individual institutions and those of similar type that are subject to the regulatory action; and (2) tailor such regulatory action applicable to such institution, or type of institution, in a manner that limits the regulatory impact, including cost, human resource allocation and other burdens, on such institution or type of institution as is appropriate for the risk profile and business model involved. (c) Factors To Consider.--In carrying out the requirements of subsection (b) (and including consideration of the requirements of paragraph (1) of that subsection), each Federal financial institutions regulatory agency shall consider-- (1) whether it is necessary to apply such regulatory action to individual institutions or those of similar type in order to accomplish the underlying public policy objectives of the statutory provision involved; (2) the impact of such regulatory action on the ability of such institutions to flexibly serve their customers and local markets now and in the future; (3) the aggregate impact of all applicable regulatory actions on the ability of such institutions to flexibly serve such customers and local markets, both now and in the future; (4) the potential impact that efforts to implement the regulatory action, including through the use of examination manuals, third-party service provider actions, or other factors, may work to undercut efforts to tailor such regulatory action described in subsection (b)(2); and (5) the statutory provision authorizing the regulatory action, the congressional intent with respect to the statutory provision, and the policy objectives sought by the Federal financial regulatory agency in implementing that statutory provision. (d) Notice of Proposed and Final Rulemaking.--Each Federal financial institutions regulatory agency shall disclose and document in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (b) and (c). (e) Reports to Congress.-- (1) Individual agency reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the specific actions taken to tailor the regulatory actions of the Federal financial institutions regulator agency pursuant to the requirements of this section. (2) FFIEC reports.--Not later than 3 months after each report is submitted under paragraph (1), the Federal Financial Institutions Examination Council shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on-- (A) the extent to which each Federal financial institutions regulatory agency differs in the treatment of similarly situated institutions of different charter type; and (B) an explanation for such differential treatment. (f) Limited Look-Back Application.-- (1) In general.--Each Federal financial institutions regulatory agency shall-- (A) conduct a review of all regulations issued in final form pursuant to statutes enacted during the period beginning on or after July 21, 2010, and ending on the date of the enactment of this Act; and (B) apply the requirements of this section to such regulations. (2) Revision.--Any regulation revised under paragraph (1) shall be revised not later than 3 years after the date of enactment of this Act.

Taking Account of Institutions with Low Operation Risk Act of 2016 or the TAILOR Act of 2016 This bill requires the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Consumer Financial Protection Bureau, for any rule, regulation, or guidance, to: (1) consider the risk profile and business models of individual financial institutions and those of similar type that are subject to the regulatory action; and (2) tailor the action so that it limits the regulatory impact on an individual or type of institution as is appropriate for the risk profile and business model involved. In carrying out such requirements, each such agency shall consider: whether it is necessary to apply such regulatory action to accomplish policy objectives; the impact of such action on the ability of such institutions to flexibly serve their customers and local markets; the aggregate impact of all applicable regulatory actions on such ability; the potential impact of implementing the action upon efforts to tailor it; and the statutory provision authorizing the action, the congressional intent of such provision, and the policy objectives sought by the agency in implementing it. The bill requires: (1) each such agency to report on the specific actions taken to tailor its regulatory actions pursuant to this bill, and (2) the Federal Financial Institutions Examination Council to report on the extent to which each such agency differs in the treatment of similarly situated institutions. Each agency shall: (1) conduct a review of all final regulations issued pursuant to statutes enacted between July 21, 2010, and the date of this bill's enactment, and (2) apply this bill's requirements to such regulations.

TAILOR Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Act of 2000''. SEC. 2. PREPAYMENT OF RURAL MULTIFAMILY HOUSING LOANS. Subsection (c) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472(c)) is amended to read as follows: ``(c) Prepayment of Loans and Preservation of Affordable Housing.-- ``(1) Loans made or insured before december 22, 1979.--A loan made or insured under section 514 or 515 of this title pursuant to a contract entered into before December 22, 1979, may be prepaid at any time without restriction. ``(2) Loans made or insured after december 21, 1979.--A loan made or insured under section 514 or 515 of this title pursuant to a contract entered into after December 21, 1979, but before December 15, 1989, may be prepaid without restriction only if-- ``(A) 15 years have elapsed from the date on which the loan was made or insured, if the housing and related facilities have not received assistance under paragraph (1)(B), (2), or (5) of section 521(a) of this title or section 8 of the United States Housing Act of 1937; ``(B) 20 years have elapsed from the date on which the loan was made or insured, in the case of any other such loan; ``(C) the Secretary determines, before the end of the period described in subparagraph (A) or (B), that there is no longer a need for such housing and related facilities or that Federal or other financial assistance being provided to the residents of such housing will no longer be provided; or ``(D) before the end of the period described in subparagraph (A) or (B), the owner agrees to extend the low income use restrictions for the remainder of such period. ``(3) Loans made or insured after december 14, 1989.--A loan made or insured under section 514 or 515 of this title pursuant to a contract entered into after December 14, 1989, may not be prepaid. ``(4) Alternatives to prepayment.--A borrower who is authorized to prepay a loan pursuant to paragraph (1) or (2) may, in the sole discretion of the borrower, request that-- ``(A) the Secretary offer incentives pursuant to paragraph (5); or ``(B) the housing and related facilities that are subject to the loan be sold pursuant to paragraph (6) to a nonprofit organization or public agency. ``(5) Incentives.-- ``(A) In general.--If a borrower who is authorized to prepay a loan pursuant to paragraph (1) or (2) agrees to extend the low income use of the assisted housing and related facilities involved for not less than the 20-year period beginning on the date on which the agreement is executed, the Secretary shall, subject to the availability of amounts for such assistance provided in advance in appropriation Acts, provide one or more of the following forms of assistance: ``(i) Increased return on investment.--An increase in the rate of return on investment. ``(ii) Reduced interest rate.--A reduction of the interest rate on the loan through the provision of interest credits under section 521(a)(1)(B). ``(iii) Additional rental assistance.-- Additional rental assistance, or an increase in assistance provided under existing contracts, under section 521(a)(2) or under section 8 of the United States Housing Act of 1937. ``(iv) Equity loan.--An equity loan to the borrower under paragraphs (1) and (2) of section 515(c) or under section 515(t). ``(v) Incremental rental assistance.-- Incremental rental assistance in connection with loans pursuant to clauses (ii) and (iv) of this subparagraph to the extent necessary to avoid increases in the rental payments of current tenants not receiving rental assistance under section 521(a)(2) or under section 8 of the United States Housing Act of 1937. ``(vi) Excess rent.--In the case of a project that has received rental assistance under section 8 of the United States Housing Act of 1937, authority for the owner to receive rent in excess of the amount determined necessary by the Secretary to defray the cost of long-term repair or maintenance of such a project. ``(B) Failure to agree on incentives.--If the borrower does not agree to extend the low income use of the assisted housing and related facilities involved as provided under subparagraph (A), the borrower may prepay the loan pursuant to paragraph (1) or (2). ``(6) Sale to nonprofit organizations and public agencies.--If a borrower who is authorized to prepay a loan pursuant to paragraph (1) or (2) agrees to sell the assisted housing and related facilities involved to a nonprofit organization or public agency at fair market value, the Secretary, in order to facilitate the sale, may take one or more of the following actions: ``(A) Advance for certain costs relating to acquisition.--To the extent amounts for advances under this clause are made available in advance in appropriation Acts, make an advance to the nonprofit organization or public agency whose offer to purchase is accepted under this paragraph to cover any direct costs (other than the purchase price) incurred by the organization or agency in purchasing and assuming responsibility for the housing and related facilities. ``(B) Assumption of loan.--Approve the assumption, by the nonprofit organization or public agency involved, of the loan made or insured under section 514 or 515. ``(C) Transfer of assistance.--To the extent provided in appropriation Acts, transfer any rental assistance payments that are received under section 521(a)(2)(A) or under section 8 of the United States Housing Act of 1937, with respect to the housing and related facilities, to the nonprofit organization or public agency involved. ``(D) Purchase loan.--To the extent budget authority for such loans is provided in advance in appropriation Acts, provide a loan under section 515(c)(3) to the nonprofit organization or public agency whose offer to purchase is accepted under this paragraph to enable the organization or agency to purchase the housing and related facilities involved. ``(E) Rental assistance.--To the extent amounts for assistance under this clause are provided in advance in appropriation Acts, provide to the nonprofit organization or public agency purchasing the housing and related facilities financial assistance (in the form of monthly payments or forgiveness of debt) in an amount necessary to ensure that the monthly rent payment made by each low income family or person residing in the housing does not exceed the maximum rent permitted under section 521(a)(2)(A). ``(7) Funding.--In addition to any other amounts made available for providing incentives under paragraph (5), any amounts resulting from the prepayment of loans made or insured under section 514 or 515 of this title shall be available, to the extent provided in appropriation Acts, for providing incentives under paragraph (5) and for costs of actions under paragraph (6) in connection with sale of projects to nonprofit organizations and public agencies. Such amounts shall be available first for the uses described in the preceding sentence and if not so used, then for other uses in accordance with other provisions of law authorizing such use. ``(8) Tenant protection.--If a loan is prepaid pursuant to paragraph (1) or (2), the Secretary shall offer tenant-based assistance under section 8 of the United States Housing Act of 1937 to each low income tenant residing in the housing involved at the time of such prepayment, subject to the availability of appropriated amounts for such assistance. If after prepayment the rent for a dwelling unit in such housing exceeds the applicable payment standard established pursuant to section 8(o) of such Act, the assistance offered under this paragraph shall be in the form of enhanced vouchers under section 8(t) of such Act, subject to the availability of appropriated amounts for such assistance.''. SEC. 3. ENHANCED VOUCHER ELIGIBILITY. Section 8(t)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(2)) is amended-- (1) by inserting ``or loan'' after ``of the mortgage''; and (2) by inserting ``section 502(c)(8) of the Housing Act of 1959 (42 U.S.C. 1472(c)(8)),'' after ``(12 U.S.C. 413(f)),''. SEC. 4. RURAL RENTAL HOUSING LOAN TERM. In the case of a loan made or insured under section 515 of the Housing Act of 1949 pursuant to a contract entered into before the date of the enactment of this Act, if the Secretary of Agriculture and the borrower under the loan agree to such applicability, the amendments made by section 735(b)(3) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998 (Public Law 105-86; 111 Stat. 2110) shall apply to such loan. In no case shall the borrower be obligated to accept a new loan pursuant to section 515(b)(7) of the Housing Act of 1949 for financing the final payment of the original loan.

Amends the United States Housing Act of 1937 to permit enhanced voucher use for loan prepayments.

Rural Housing Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Childhood Family Education Pilot Project Act''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to strengthen families by helping all parents provide the best possible environment for the healthy growth and development of their young children who are between the ages of 0 and 5 years; and (2) to support parents in their role as their child's first and most important teacher by enabling the parents' participation in the early learning process through integrating early childhood education, parent education, and joint parent- child interaction activities in a comprehensive program. SEC. 3. DEFINITIONS. (a) In General.--The terms used in this Act have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (b) Local Agency.--In this Act, the term ``local agency'' means-- (1) a local educational agency; (2) a school that administers early childhood education programs; (3) an agency administering a Head Start, Early Head Start, or Even Start program; and (4) an agency administering any other Federal, State, or local government child care or early childhood education program within a local school district. SEC. 4. PROGRAM AUTHORIZED. The Secretary is authorized to award grants from amounts made available under section 11 to States having applications approved under section 5 to enable such States to award subgrants in accordance with the requirements of section 6. SEC. 5. APPLICATIONS. (a) In General.--Each State desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--Each application submitted under subsection (a) shall include the following: (1) A description of how the State, through a local agency, will achieve the following goals: (A) Helping parents support their children's optimal physical, intellectual, social, and emotional development during the first 5 years of life. (B) Increasing parent involvement in children's learning, development, and education. (C) Enhancing effective communication and healthy parent-child-family relationships. (D) Encouraging the development and effective use of community resources for families. (E) Preventing child abuse, family violence, and other negative family outcomes. (F) Making educational materials available for home use. (G) Coordinating activities under this Act with parent involvement and education under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.). (2) A description of how the State will target funds to the highest need areas with need being determined from the levels of access to high quality early childhood education opportunities and numbers of children living in poverty relative to the population of the area. (3) An assurance that within the criteria described in paragraph (2) the State will award subgrants equitably among the geographic regions of the State. (c) Peer Review.--The Secretary shall use a peer review process in reviewing applications submitted under subsection (a) for the purpose of selecting States to receive grants under this Act. Applications shall be peer reviewed by a panel of experts in early childhood and family education. SEC. 6. STATE USE OF FUNDS. (a) Subgrants.--A State that receives a grant under this Act for a fiscal year shall use the grants funds to award subgrants to local agencies to enable such local agencies to establish or enhance early childhood family education programs involving children between 0 and 5 years of age and their parents. (b) Administration.--A State may use not more than 5 percent of the amount received under this Act for any fiscal year to pay for administrative costs. (c) Waiver of Age Requirement.--If a State administers a program that provides early childhood family education in all school districts or areas in the State that desire to participate in the program under this Act, and families in those school districts or areas are provided universal access to early childhood family education programs, then the State may use funds provided under this Act to award subgrants to local agencies for activities authorized under this Act that serve children who are not older than 8. SEC. 7. LOCAL USE OF FUNDS. (a) In General.--Each local agency receiving a subgrant under this Act shall use subgrant funds to develop and carry out a program to establish or enhance early childhood family education programs. (b) Consultation.--Each local agency receiving a subgrant under this Act shall develop the program described in subsection (a) in consultation with, and shall provide for ongoing advice from, other Federal, State or local government sponsored early childhood education programs in the local area, including child care, Head Start, Early Head Start, and Even Start programs. (c) Requirements.--Each program carried out by a local agency under this section shall comply with the following requirements: (1) Universal access.--The program shall be open to every family who lives within the boundaries of the school district served by the local agency, including every such family with a young child having special developmental or health needs. (2) Setting.--The program shall be center-based or school- based and shall provide instruction to parents and children together or in concurrent settings. (3) Activities.--The program shall include-- (A) early childhood education activities to enhance children's intellectual, social, emotional, and physical development; (B) parent education activities to enhance the skills of parents to provide for and understand their children's learning processes and intellectual, social, emotional, and physical development; (C) activities that include parent-child interaction; (D) activities designed to detect children's physical, intellectual, emotional, or behavioral problems that may cause learning problems; (E) coordination with and referral to related community resources; (F) coordination with local elementary schools, including activities such as joint professional development and training in early childhood development, appropriate practices, and kindergarten and first grade standards and curricula to help teachers, early childhood educators, and parents prepare children for school; (G) training for teachers, early childhood educators, and parents in identifying and preventing child abuse and neglect; and (H) other programs or activities to improve the health, development, and school readiness of children. (4) Staff.--Each teacher in the program shall meet the applicable State requirements for State-funded pre-kindergarten programs or parent education programs, as applicable. (d) Restrictions.--Local agencies receiving subgrant funds under this section may not use such funds for-- (1) parental involvement activities, such as newsletter related activities, parent-teacher conferences, or other parent outreach activities, except for the use of such parental involvement activities to support the activities described in subsection (c); or (2) routine child care or early childhood education services, as contrasted to supplemental activities that serve parents and children together or in concurrent settings. (e) Advisory Council.-- (1) In general.--Each local agency receiving a subgrant under this Act, in consultation with the local educational agency or local governing board, as appropriate, serving the local agency shall appoint an advisory council from individuals residing in the school district in which the program funded by the subgrant is to be provided. (2) Members.--A majority of the members of the advisory council shall be parents who are participating in the program. (3) Duties.--The advisory council shall assist the local educational agency or local governing board, as appropriate, in developing, planning, and monitoring the program assisted under this section. (4) Report.--In carrying out the advisory council's duties, the council shall report to the local educational agency or local governing board, as appropriate, serving the local agency administering the program assisted under this section. SEC. 8. EVALUATION. (a) In general.--Each State receiving a grant under this Act shall prepare and submit to the Secretary an annual evaluation of the effectiveness of the programs carried out within such State using grant funds received under this Act. (b) Submission to Congress.--The Secretary shall submit the results of the evaluations prepared under subsection (a) to Congress. SEC. 9. SUPPLEMENT AND NOT SUPPLANT. Grant and subgrant funds provided under this Act shall supplement, and not supplant, other Federal, State, and local funds that are available for early childhood family education programs. States receiving grant funds and local agencies receiving subgrant funds under this Act may provide additional funds, other than those received under this Act, to enhance the early childhood family education programs that are supported by such grant or subgrant funds. SEC. 10. VOLUNTARY PARTICIPATION. Family participation in any program funded under this Act shall be voluntary and shall not preclude participation in other Federal, State, or local programs. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, 200,000,000 for fiscal year 2002 and for each of the 4 succeeding fiscal years.

Early Childhood Family Education Pilot Project Act - Authorizes the Secretary of Education to make grants to applicant States to award subgrants to local agencies to establish or enhance early childhood family education programs involving children between zero and five years of age and their parents.

A bill to help establish and enhance early childhood family education programs, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Taxing Speculators out of the Oil Market Act''. (b) Findings.--Congress finds the following: (1) The price of oil has risen and fallen dramatically over the last decade without a clear connection to the laws of supply and demand. (2) The price of a barrel of oil predictably stayed beneath $20 a barrel of oil for decades. In the beginning of 1999, the price was under $10 a barrel of oil, but since then the oil market has been plagued by speculation and fluctuated wildly. (3) In late 2004, the price of oil exceeded $40 a barrel of oil, up 400 percent in 5 years. (4) In late 2007, the price exceeded $80 a barrel of oil, up 800 percent in 8 years. (5) In mid 2008, the price of oil peaked at $145 a barrel, up 1,450 percent in under ten years. (6) The price of oil collapsed in 2008 to just over $30 a barrel of oil. (7) By early 2011, the price of oil rebounded to almost $115 per barrel of oil. (8) These large price swings coincide with drop in demand since 2005. In 2010, the United States consumed 2.1 million barrels of oil per day less than it did 6 years ago. (9) Many economists have attributed this irrational behavior of the oil market to the large increase in speculative trading in oil derivatives. (10) A transaction tax on speculative trading can deter short-term speculation which will reduce the volatility and price of oil. SEC. 2. TAX ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Transactions in Oil Futures, Options, and Swaps ``Sec. 4475. Tax on transactions in oil futures, options, and swaps. ``SEC. 4475. TAX ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS. ``(a) Imposition of Tax.-- ``(1) Futures.--There is hereby imposed a tax on each covered transaction in an oil futures contract of 0.01 percent of the value of the futures instruments involved in such transaction. ``(2) Options.--There is hereby imposed a tax on each covered transaction in an oil option of 0.01 percent of the premium paid on the option for a futures instruments involved in such transaction. ``(3) Swaps.--There is hereby imposed a tax on each covered transaction in an oil swap of 0.01 percent of the value of the underlying assets involved in such transaction for each year until the swap contact maturity. ``(b) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) the trading facility on which the transaction occurs, or ``(B) if such transaction does not occur on a trading facility, by the buyer of the transaction. ``(2) Withholding if buyer not united states person.--See section 1447 for withholding by seller if buyer is a foreign person. ``(c) Exception for Commercial Traders.--The tax imposed by this section shall not apply to any transaction if-- ``(1) either party to the transaction is-- ``(A) classified by the Commodity Futures Trading Commission as a commercial trader with respect to oil, or ``(B) a financial institution acting on behalf of such a party (but only if the financial institution does not at any time acquire ownership of the security), and ``(2) the transaction is a bona fide hedging transaction (within the meaning of section 4a(c) of the Commodity Exchange Act). ``(d) Definitions.--For purposes of this section-- ``(1) Covered transaction.--The term `covered transaction' means any purchase or sale of an oil futures contract, an oil option or oil swap contract if-- ``(A) such purchase or sale on a trading facility is located in the United States, or ``(B) the purchaser or seller is a United States person. ``(2) Oil futures contract.--The term `oil futures contract' means any contract of sale of oil for future delivery (within the meaning of the Commodity Exchange Act). ``(3) Oil option.--The term `oil option' means any option on an oil futures transaction. ``(4) Oil swap contract.--The term `oil swap contract' means any contract of sale of oil involving a swap. ``(5) Trading facility.--The term `trading facility' has the meaning given to such term by the Commodity Exchange Act. ``(e) Administration.--The Secretary shall carry out this section in consultation with the Commodity Futures Trading Commission.''. (b) Withholding.--Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``SEC. 1447. WITHHOLDING OF TAX ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS. ``In the case of any acquisition of an oil futures contract, an oil option, or an oil swap contract (as such terms are defined in section 4475) by a foreign person, the transferor shall be required to deduct and withhold a tax equal to the tax which would be imposed on such acquisition under section 4475 if the transferee were a United States person.''. (c) Clerical Amendments.-- (1) The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on transactions in oil futures, options, and swaps.''. (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``Sec. 1447. Withholding of tax on transactions in oil futures, options, and swaps.''. (d) Effective Date.--The amendments made by this section shall apply to transactions occurring on or after 90 days after the date of the enactment of this Act. SEC. 3. AVAILABILITY TO THE COMMODITY FUTURES TRADING COMMISSION OF REVENUE FROM TAXES ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 10 the following: ``SEC. 11. AVAILABILITY TO THE COMMISSION OF REVENUE FROM TAXES ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS. ``(a) Tax Revenue Deposited as Offsetting Collections to CFTC Appropriations Account.--All taxes collected pursuant to sections 4475 and 1447 of the Internal Revenue Code of 1986 for any fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission. ``(b) Use of Unexpended Funds for Public Debt Reduction.--Any amount credited under paragraph (1) that remains unexpended as of the end of any fiscal year shall be transferred to the Treasury and used to reduce the public debt of the United States.''. SEC. 4. DUTIES OF COMMODITY FUTURES TRADING COMMISSION. The Commodity Futures Trading Commission (referred to in this section as the ``Commission'') shall use the authority of the Commission, including the emergency authority of the Commission-- (1) to subject each bank holding company (as defined in section 2(a) of the Bank Holding Company Act of 1956) that engages in trading subject to section 4475 of the Internal Revenue Code of 1986, and each hedge fund (as defined in section 13(h)(2) of the Bank Holding Company Act of 1956) that buys or sells a contract of sale of oil for future delivery (within the meaning of the Commodity Exchange Act) for its own account or on behalf of a third party, to the rules applicable to noncommercial participants in the markets for the contracts; and (2) to revoke immediately each staff no-action letter that covers a foreign board of trade that-- (A) has established a trading terminal in the United States for the purpose of selling the contracts to, or buying the contracts from, United States investors; and (B) engages in trading subject to such section 4475.

Taxing Speculators out of the Oil Market Act - Amends the Internal Revenue Code to: (1) impose an 0.01% excise tax on transactions in oil futures, options, and swaps, to be paid by the trading facility on which the transactions occur or by the buyer of the transaction; and (2) require withholding of such tax if the buyer is a foreign person. Exempts from such tax certain commercial oil traders and bona fide hedging transactions. Amends the Commodity Exchange Act to credit tax revenues from this Act as offsetting collections to appropriations to the Commodity Futures Trading Commission (CFTC). Requires any unexpended amounts to be used to reduce the public debt. Requires the CFTC to: (1) subject each bank holding company that engages in trading in oil futures, options, and swaps, and each hedge fund that buys or sells a contract of sale of oil for future delivery, to the rules applicable to noncommercial participants in the markets for the contracts; and (2) revoke immediately each staff no-action letter that covers a foreign board of trade that has established a trading terminal in the United States for selling contracts to or from U.S. investors and engages in trading in oil futures, options, and swaps.

To amend the Internal Revenue Code of 1986 to impose a tax on transactions in oil futures, options, and swaps, and for other purposes.

SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY. (a) Business Property.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (i), by adding ``or'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) energy-efficient building property,''. (2) Energy-efficient building property.--Subsection (a) of section 48 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Energy-efficient building property.--For purposes of this subsection-- ``(A) In general.--The term `energy-efficient building property' means a fuel cell power plant that-- ``(i) generates electricity using an electrochemical process, and ``(ii) generates at least 0.5 kilowatt of electricity using an electrochemical process. ``(B) Limitation.--In the case of energy-efficient building property placed in service during the taxable year, the credit determined under paragraph (1) for such year with respect to such property shall not exceed an amount equal to the lesser of-- ``(i) 30 percent of the basis of such property, including expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property and for piping or wiring to interconnect such property, or ``(ii) $1,000 for each kilowatt of capacity of such property. ``(C) Fuel cell power plant.--The term `fuel cell power plant' means an integrated system comprised of a fuel cell stack assembly and associated balance of plant components that converts a fuel into electricity using electrochemical means. ``(D) Termination.--Such term shall not include any property placed in service after December 31, 2009.''. (3) Limitation.--Section 48(a)(2)(A) of such Code (relating to energy percentage) is amended to read as follows: ``(A) In general.--The energy percentage is-- ``(i) in the case of energy-efficient building property, 30 percent, and ``(ii) in the case of any other energy property, 10 percent.''. (4) Conforming amendments.-- (A) Section 29(b)(3)(A)(i)(III) of such Code is amended by striking ``section 48(a)(4)(C)'' and inserting ``section 48(a)(5)(C)''. (B) Section 48(a)(1) of such Code is amended by inserting ``except as provided in paragraph (4)(B),'' before ``the energy''. (5) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2004, 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). (b) Nonbusiness Property.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY. ``(a) Credit Allowed.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the nonbusiness energy-efficient building property expenditures which are paid or incurred during such year. ``(2) Limitation.--The credit allowed under paragraph (1) with respect to property placed in service by the taxpayer during the taxable year shall not exceed an amount equal to the lesser of-- ``(A) 30 percent of the basis of such property, or ``(B) $1,000 for each kilowatt of capacity of such property. ``(b) Nonbusiness Energy-Efficient Building Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `nonbusiness energy-efficient building property expenditures' means expenditures made by the taxpayer for nonbusiness energy-efficient building property installed on or in connection with a dwelling unit-- ``(A) which is located in the United States, and ``(B) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(2) Nonbusiness energy-efficient building property.--The term `nonbusiness energy-efficient building property' means energy-efficient building property (as defined in section 48(a)(4)) if-- ``(A) the original use of such property commences with the taxpayer, and ``(B) such property meets the standards (if any) applicable to such property under section 48(a)(3). ``(c) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable, under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(5) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(6) Property financed by subsidized energy financing.-- For purposes of determining the amount of nonbusiness energy- efficient building property expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(5)(C)). ``(d) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(e) Termination.--This section shall not apply to any expenditure made after December 31, 2009.''. (2) Conforming amendments.-- (A) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``; and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 25C(d), in the case of amounts with respect to which a credit has been allowed under section 25C.''. (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Nonbusiness energy-efficient building property.''. (3) Effective date.--The amendments made by this subsection shall apply to expenditures made after December 31, 2004.

Amends the Internal Revenue Code to allow a tax credit for energy-efficient building property. Limits the amount of such credit to the lesser of 30 percent (10 percent for other energy property) of the basis of such energy-efficient building property or $1,000 for each kilowatt of capacity of such property. Defines "energy-efficient building property" as a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process. Allows a similar tax credit for the installation of qualified energy-efficient building property in a taxpayer's residence. Terminates both tax credits after December 31, 2009.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain fuel cell property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Education Opportunity Act''. SEC. 2. DEDUCTION FOR STEM QUALIFIED HIGHER EDUCATION EXPENSES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 222 the following new section: ``SEC. 222A. STEM QUALIFIED HIGHER EDUCATION EXPENSES. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the STEM higher education expenses paid by the taxpayer during the taxable year. ``(b) STEM Higher Education Expenses.--For purposes of this section, the term `STEM higher education expense' means any expense of a type which is taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)) at an eligible educational institution with respect to the attendance of an individual-- ``(1) at such institution for the academic period for which the deduction under this section is being determined, ``(2) majoring in a course of study at such institution leading to an associate degree or higher in-- ``(A) science, technology, engineering, or mathematics (within the meaning of section 131(g)(4) of the Higher Education Act of 1965 (20 U.S.C. 1015(g)(4)), or ``(B) education with a focus on any area described in subparagraph (A), and ``(3) who at all times during such period is making satisfactory academic progress (as defined in section 668.34 of title 34, Code of Federal Regulations, or any successor regulation) in the pursuit of such degree. ``(c) Definition and Special Rules.--For purposes of this section-- ``(1) Eligible educational institution.--The term `eligible educational institution' has the meaning given the term `institution of higher education' in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Room and board included for students who are at least half-time.--Subsection (a) shall not apply to any costs of an individual for room and board while attending an eligible educational institution, unless such individual is an eligible individual (as defined in section 25A(b)(3)). ``(3) Carryforward of unused deduction.--If for any taxable year the deduction allowable under subsection (a) exceeds the taxpayer's taxable income (determined without regard to this section), the amount of STEM higher education expenses of the taxpayer attributable to such excess shall be treated as STEM higher education expenses paid by the taxpayer in the succeeding taxable year. ``(4) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to STEM higher education expenses of an individual unless the taxpayer includes the name and taxpayer identification number of the individual on the return of tax for the taxable year. ``(5) Certain prepayments allowed.--If STEM higher education expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(6) Coordination with other education incentives.-- ``(A) Denial of deduction if other credit elected.--No deduction shall be allowed under subsection (a) for any taxable year with respect to the STEM higher education expenses with respect to an individual if the taxpayer or any other person elects to have section 25A apply with respect to such individual for such year. ``(B) Coordination with exclusions.--The total amount of STEM higher education expenses shall be reduced by the amount of such expenses taken into account in determining any amount excluded under section 135, 529(c), or 530(d)(2). For purposes of the preceding sentence, the amount taken into account in determining the amount excluded under section 529(c)(1) shall not include that portion of the distribution which represents a return of any contributions to the plan. ``(7) Adjustment for certain scholarships.--Rules similar to the rules of 25A(g)(2) shall apply for purposes of this section. ``(8) Dependents.--No deduction shall be allowed under subsection (a) 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. ``(9) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall only apply if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(d) Termination.--This section shall not apply to taxable years beginning more than 10 years after the date of the enactment of the STEM Education Opportunity Act.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) STEM qualified higher education expenses.--The deduction allowed by section 222A.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 222 the following new item: ``Sec. 222A. STEM qualified higher education expenses.''. (d) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after the date of the enactment of this Act. SEC. 3. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITTING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45S. CONTRIBUTIONS BENEFITTING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. ``(a) In General.--For purposes of section 38, the elementary and secondary school STEM contributions credit determined under this section for the taxable year is an amount equal to the qualified STEM contributions made by the taxpayer during the taxable year to one or more elementary or secondary schools. ``(b) Maximum Credit.-- ``(1) Per taxpayer.--The amount of qualified STEM contributions made to any school which may be taken into account under this section by the taxpayer for the taxable year shall not exceed the portion of the limitation under paragraph (2) which is allocated by such school to the taxpayer for such year. ``(2) Per school.--The amount of qualified STEM contributions made to any school which may be allocated under this section by the school to all taxpayers for all taxable years shall not exceed $100,000. ``(c) Qualified STEM Contributions.--For purposes of this section-- ``(1) In general.--The term `qualified STEM contributions' means-- ``(A) STEM property contributions, ``(B) STEM service contributions, and ``(C) STEM student and educator training contributions. ``(2) STEM property contributions.-- ``(A) In general.--The term `STEM property contribution' means the amount which would (but for subsection (d)) be allowed as a deduction under section 170 for a charitable contribution of STEM property if-- ``(i) the donee is an elementary or secondary school, ``(ii) substantially all of the use of the property by the donee is within the United States for STEM education in any of the grades K-12 for use during the school day or in after- school programs, ``(iii) the original use of the property begins with the donee, ``(iv) the property will fit productively into the donee's education plan, ``(v) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, and ``(vi) the donee's use and disposition of the property will be in accordance with the provisions of clauses (ii) through (v). ``(B) STEM property.--The term `STEM property' means-- ``(i) computer equipment and software, ``(ii) microscopes, ``(iii) lab equipment, including glassware, digital scales, and temperature measuring devices, ``(iv) property used to maintain, renovate, or improve laboratory facilities, ``(v) STEM education curricula, and ``(vi) whiteboards, smartboards, cameras, and other relevant STEM education materials. ``(3) STEM service contributions.-- ``(A) In general.--The term `STEM service contributions' means the amount paid or incurred during the taxable year to provide STEM services in the United States for the exclusive benefit of students at an elementary or secondary school but only if no charge is imposed for providing such services. ``(B) STEM services.--The term `STEM services' means-- ``(i) providing students the opportunity to engage in hands-on technical equipment training in a STEM education field, and ``(ii) bringing experts in a STEM education field into the classroom or after school programs for demonstrations, talks, or mentoring exercises. ``(4) STEM student and educator training contributions.-- ``(A) In general.--The term `STEM student and educator training contributions' means the amount paid or incurred during the taxable year to provide STEM student and educator training services in the United States for the exclusive benefit of students at an elementary or secondary school but only if no charge is imposed for providing such services. ``(B) STEM student and educator training services.--The term `STEM student and educator training services' means-- ``(i) on-site technical equipment training in a STEM education field, ``(ii) field trips to research or related facilities in a STEM education field, ``(iii) student internships or long term on-site training in a STEM education field, and ``(iv) educator training exercises in a STEM education field. ``(5) STEM education.--The term `STEM education' means education in the biological sciences, mathematics, earth and physical sciences, computer and information science, engineering, geosciences, and social and behavioral sciences. ``(6) Elementary or secondary school.-- ``(A) In general.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. ``(B) Groupings of schools.--Such term includes consortia or other groupings of such schools if all such schools in the consortia or grouping are located within the same State. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount allowed as a credit under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36), and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the elementary and secondary school STEM contributions credit determined under section 45S.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Contributions benefitting science, technology, engineering, and mathematics education at the elementary and secondary school level.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. GAO STUDY. Not later than 5 years after the date of the enactment of this Act, the Government Accountability Office, in consultation with the Secretary of the Treasury, shall submit to Congress a report detailing-- (1) the efficacy of the STEM Education Opportunity Act in increasing higher education enrollment in the fields of math, science, engineering, and technology, and (2) any effect such Act has had on the price of higher education tuition in such fields.

STEM Education Opportunity Act This bill amends the Internal Revenue Code to allow: (1) individual taxpayers a deduction from gross income for STEM (i.e., science, technology, engineering, and mathematics) higher education expenses; and (2) a business-related tax credit for contributions of STEM property (e.g., computer equipment and software, microscopes, and lab equipment), services, and training made to an elementary or secondary school to promote education in the biological sciences, mathematics, earth and physical sciences, computer and information science, engineering, geosciences, and social and behavioral sciences. The bill defines "STEM higher education expenses" to include any expenses incurred by an individual attending an institution of higher education who is majoring in science, technology, engineering, or mathematics. The Government Accountability Office must submit to Congress a report detailing: (1) the efficacy of this Act in increasing higher education enrollment in the fields of mathematics, science, engineering, and technology; and (2) any effect this Act has had on the price of higher education tuition in such fields.

STEM Education Opportunity Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Forest Service Cost Reduction and Fiscal Accountability Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. All Resources Reporting System. Sec. 5. Limitations on costs charged to off-budget funds. Sec. 6. Disclosure of indirect expenditures and general administration costs in annual budget requests. Sec. 7. Cost reduction strategic plan. Sec. 8. Audit requirements. SEC. 2. FINDINGS. Congress finds the following: (1) Over the last several years, indirect expenditures and other overhead costs within the Forest Service have increased substantially, both in total dollar amounts and as a percentage of total expenditures. Rising indirect expenditures and other overhead costs have hindered the ability of the Forest Service to carry out its core mission of managing the National Forest System. (2) According to the Comptroller General, indirect expenditures associated with Forest Service management of five off-budget funds established by law to provide funds for site restoration, reforestation, habitat improvement, brush disposal and other critical management activities has increased by 80 percent and now exceeds 27 percent of the total annual expenditures from these off-budget funds. Considerable debate continues regarding whether such expenditures exceed spending authority provided by Congress. (3) Forest Service data show that annual general administration costs associated with the Federal timber sale program increased by 46 percent between 1992 and 1996 and now comprise 31 percent of the total costs of the program. Such data show that annual general administration costs exceed the total annual costs of all of the following combined: (A) Environmental analysis. (B) Appeals and litigation. (C) Road design, construction, and maintenance. (D) Brush disposal. (E) Reforestation and other site improvements. (F) Transportation planning. (G) Silvicultural examinations. (4) The Forest Service does not presently have an adequate financial accounting system in place to identify and manage the indirect and total expenditures associated with the programs it administers. The lack of such a system, and accompanying safeguards to prevent inappropriate use of appropriated funds and off-budget funds, may be contributing substantially to declines in the goods and services the Forest Service is able to provide to the American public and other users of the National Forest System. (5) The Forest Service is in need of a comprehensive strategy for identifying and reducing, where appropriate, indirect and total expenditures associated with management of the National Forest System. Such a strategy must include clear, tangible objectives and performance measures that will make it possible to measure agency performance and identify results. (6) Any comprehensive strategy ultimately adopted by the Forest Service to better manage indirect and total expenditures associated with management of the National Forest System must be designed so as to maintain or increase the goods and services provided to the American public and other users of the National Forest System as a result of its implementation. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Budget request.--The term ``budget request'' means the Forest Service budget justification documents submitted to the Committee on Appropriations of the House of Representatives and the Senate in support of the President's budget for a fiscal year submitted to Congress pursuant to section 1105 of title 31, United States Code. (2) General administration.--The term ``general administration'' means amounts appropriated for general line management, administrative support, and common services, as identified in the Forest Service budget request. (3) Indirect expenditures.--The term ``indirect expenditures'' means indirect support activities, as defined in the Forest Service Handbook and other expenditures, including salary, travel, training and vehicle use, that cannot, in a feasible manner, be specifically identified with a single project, including the following: (A) Expenditures related to line officers, including district rangers, forest supervisors, regional foresters, and Washington Office positions, and their support staff. (B) Program support expenditures to coordinate, manage, and execute programs, business activities, community involvement, and other similar activities. (C) Nonpersonnel expenditures associated with providing space and working environments for employees, including rentals, utilities, communications, radio, office and computer equipment, mail and postage, and office supplies and forms. (4) Off-budget fund.--The term ``off-budget fund'' means a trust fund or permanent appropriation administered by the Forest Service, including the following: (A) The brush disposal fund established under the twenty-first paragraph under the heading ``FOREST SERVICE'' in the Act of August 11, 1916 (39 Stat. 462; 16 U.S.C. 490). (B) The cooperative work-other fund established under the penultimate paragraph under the heading ``FOREST SERVICE'' in the Act of June 30, 1914 (38 Stat. 430; 16 U.S.C. 498). (C) Knutson-Vandenberg fund established under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b). (D) The reforestation trust fund established under section 303(d) of Public Law 96-451 (16 U.S.C. 1606a). (E) The salvage sale fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h)). (F) The roads and trails fund established under the fourteenth paragraph under the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 4. ALL RESOURCES REPORTING SYSTEM. (a) Accounting System Required.-- (1) Schedule for implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare a schedule for implementation of an accounting system (to be known as the ``All Resources Reporting System'') to account for the costs and revenues associated with the programs administered by the Forest Service. The Secretary shall include the schedule in the strategic plan required under section 7. (2) Implementation.--The All Resources Reporting System shall be fully implemented for all of the programs identified under subsection (b) beginning no later than the first day of the second full fiscal year following the date of the enactment of this Act. (b) Required Programs.--The All Resources Reporting System shall include, at a minimum, the following program areas: (1) Land management planning, inventorying, and monitoring. (2) Recreation use. (3) Rangeland management. (4) Commercial timber management. (5) Forestland vegetation management. (6) Soil, water, and air management. (7) Minerals and geology management. (8) Wildlife and fisheries habitat management. (9) Land ownership management. (10) Infrastructure management. (11) Law enforcement operations. (12) State and private forestry. (13) Forest and rangeland research. (c) Cost Allocations.--The All Resources Reporting System shall allocate certain costs as follows: (1) The costs of the commercial timber management program shall consist of the costs identified with the timber commodity component of the Federal timber sale program, as contained in the Forest Management Program Annual Report. (2) The costs of the forest land vegetation and wildlife and fisheries habitat management program shall include the costs of the forest stewardship and personal use components of the Federal timber sale program, as contained in the Forest Management Program Annual Report. Such costs shall be divided, as appropriate, between the two programs. (d) Identification of Indirect Expenditures and General Administration Costs.--The All Resources Reporting System shall clearly identify the indirect expenditures and general administration costs charged or allocated annually to each program. (e) Administrative Units.--The All Resources Reporting System shall include a separate report for each administrative unit of the National Forest System, for State and private forestry, and for research. (f) Compliance with Generally Accepted Accounting Principles.--The Forest Service shall ensure that the All Resources Reporting System complies with generally accepted accounting principles. SEC. 5. LIMITATIONS ON COSTS CHARGED TO OFF-BUDGET FUNDS. (a) Annual Percentage Limitation.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall cap total annual indirect expenditures from each of the off-budget funds at 20 percent of the total expenditures from each fund. (b) Elimination of Indirect Expenditures.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare a schedule for eliminating indirect expenditures from each off- budget fund by the end of the second full fiscal year following the date of the enactment of this Act. To ensure elimination of such indirect expenditures by the end of such second full fiscal year, the schedule shall reduce indirect expenditures to at least 10 percent of total annual expenditures from each off-budget fund beginning on the first day of the second full fiscal year. The Secretary shall include the schedule in the strategic plan required under section 7. SEC. 6. DISCLOSURE OF INDIRECT EXPENDITURES AND GENERAL ADMINISTRATION COSTS IN ANNUAL BUDGET REQUESTS. The Secretary shall plainly disclose for each budget line item, expanded budget line item, or program identified in each annual budget request the following information: (1) The total amount of indirect expenditures and general administration costs that will be charged or allocated to the line item, expanded line item, or program during the applicable fiscal year, expressed both in total dollars and as a percentage of the total line item, expanded line item, or program. (2) The total amount of indirect expenditures and general administration costs charged or allocated to the line item, expanded line item, or program for each of the preceding three fiscal years, expressed both in total dollars and a percentage of the total line item, expanded line item, or program. SEC. 7. COST REDUCTION STRATEGIC PLAN. (a) Strategic Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a five-year strategic plan to identify and reduce, where appropriate, indirect expenditures and other costs associated with the programs identified in section 4(b) while simultaneously increasing the goods and services provided by such programs through the National Forest System. (b) Elements of Strategic Plan.--The strategic plan shall include, at a minimum, the following elements: (1) A description and schedule for full implementation of the All Resources Reporting System. (2) A schedule for eliminating indirect expenditures from off-budget funds pursuant to section 5. (3) A method for identifying annually the direct and indirect expenditures (expressed both in total dollars and as a percentage of total program expenditures) charged or allocated to each program by the Washington, regional, forest, and ranger district offices. (4) A framework, including specific instructions to line officers and other decision makers, for establishing and achieving a five-year goal for reducing, as appropriate, the indirect expenditures and total expenditures charged to each program by the Washington, regional, forest, and ranger district offices while maintaining or increasing the goods and services provided by such programs through the National Forest System. (5) A plan to improve the cost-effectiveness of program and project planning and implementation through increased private- sector contracting. (6) Annual, output-based incentives for line officers and other decision-makers to meet the schedules and achieve the objectives established under this subsection. (c) Consultation.--The Secretary shall prepare the strategic plan in consultation with the Comptroller General and the Inspector General of the Department of Agriculture. (d) Results of Implementation.--The Secretary shall include an annual review of the results of the implementation of the strategic plan as an addendum to the annual budget request. The annual review may also be included in the annual performance plan prepared pursuant to the provisions of the Government Performance and Results Act of 1993 (Public Law 103-62; 107 Stat. 285). The addendum shall include a description of the following: (1) Modifications in the implementation of the strategic plan that occurred during the course of the fiscal year and the impact of the modifications. (2) Changes to the definition of or method of accounting for direct and indirect expenditures and general administration costs that occurred during the previous fiscal year. (3) Private contracting demonstration projects commenced under subsection (e) and the results of any such projects that are completed. (e) Demonstration of Private-Sector Contracting.--For purposes of the implementation of the element of the strategic plan described in subsection (b)(5), and notwithstanding any other provision of law, the Secretary may conduct demonstration projects to test the cost- effectiveness of using private contracting for planning, programming, project implementation, and other activities of the Forest Service that do not constitute decision-making. SEC. 8. AUDIT REQUIREMENTS. (a) Annual Evaluations Required.--The Comptroller General shall submit to Congress an annual evaluation assessing the effectiveness of the implementation of the strategic plan required under section 7. The evaluation for a year shall be submitted as soon as practicable after the submission of the Forest Service budget request for the next year. (b) Five-Year Audit Required.--At the conclusion of the fifth full fiscal year following the date of the enactment of this Act, the Comptroller General shall conduct a comprehensive audit of the implementation of the strategic plan required under section 7. Such audit shall include an analysis of the following: (1) The trends in indirect and total expenditures charged to each program by the Washington, regional, forest, and ranger district offices. (2) A description of the effectiveness of the implementation of the strategic plan, or any modifications thereto, on the management of indirect expenditures and total expenditures charged to each program by the Washington, regional, forest, and ranger district offices. (3) Recommendations to further improve the management of indirect and total expenditures charged to each program by the Washington, regional, forest, and ranger district offices.

Forest Service Cost Reduction and Fiscal Accountability Act of 1998 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to prepare an implementation schedule for a Forest System accounting system to be known as the All Resources Accounting System which shall include: (1) specified program areas; (2) cost allocations; (3) identification of indirect expenditures and general administration costs; and (4) separate reports for Forest System units, State and private forestry, and research. Directs the Secretary to: (1) limit and eliminate within a certain period indirect expenditures from Forest Service trust funds or permanent appropriations; (2) disclose indirect expenditures and general administration costs in annual budget requests; and (3) prepare a five-year Forest System cost reduction strategic plan.

Forest Service Cost Reduction and Fiscal Accountability Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Taxpayers From Corruption Act''. SEC. 2. FORFEITURE OF WORKER'S COMPENSATION BENEFITS BY MEMBERS OF CONGRESS CONVERTING CAMPAIGN FUNDS TO PERSONAL USE OR ENGAGING IN OTHER OFFENSES RELATING TO ABUSE OF THE PUBLIC TRUST. Section 8148 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) If an individual is finally convicted of an offense described in paragraph (2) and every act or omission of the individual that is needed to satisfy the elements of the offense occurs while the individual is a Member of Congress, the individual shall forfeit (as of the date of such conviction) any entitlement to any benefit such individual would otherwise be entitled to under this subchapter for any injury occurring on or before the date of such final conviction. ``(2) An offense described in this paragraph is any of the following: ``(A) An offense under section 201 of title 18 (relating to bribery of public officials and witnesses). ``(B) An offense under section 203 of title 18 (relating to compensation to Member of Congress, officers, and others in matters affecting the Government). ``(C) An offense under section 204 of title 18 (relating to practice in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Member of Congress). ``(D) An offense under section 219 of title 18 (relating to officers and employees acting as agents of foreign principals). ``(E) An offense under section 286 of title 18 (relating to conspiracy to defraud the Government with respect to claims). ``(F) An offense under section 287 of title 18 (relating to false, fictitious or fraudulent claims). ``(G) An offense under section 597 of title 18 (relating to expenditures to influence voting). ``(H) An offense under section 599 of title 18 (relating to promise of appointment by candidate). ``(I) An offense under section 602 of title 18 (relating to solicitation of political contributions). ``(J) An offense under section 606 of title 18 (relating to intimidation to secure political contributions). ``(K) An offense under section 607 of title 18 (relating to place of solicitation). ``(L) An offense under section 641 of title 18 (relating to public money, property or records). ``(M) An offense under section 666 of title 18 (relating to theft or bribery concerning programs receiving Federal funds). ``(N) An offense under section 1001 of title 18 (relating to statements or entries generally). ``(O) An offense under section 1503 of title 18 (relating to influencing or injuring officer or juror). ``(P) An offense under section 1505 of title 18 (relating to obstruction of proceedings before departments, agencies, and committees). ``(Q) An offense under section 1512 of title 18 (relating to tampering with a witness, victim, or an informant). ``(R) An offense under section 1951 of title 18 (relating to interference with commerce by threats of violence). ``(S) An offense under section 1952 of title 18 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises). ``(T) An offense under section 1956 of title 18 (relating to laundering of monetary instruments). ``(U) An offense under section 1957 of title 18 (relating to engaging in monetary transactions in property derived from specified unlawful activity). ``(V) An offense under chapter 96 of title 18 (relating to racketeer influenced and corrupt organizations). ``(W) An offense under section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax). ``(X) An offense under section 313(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114(b)) (relating to the conversion of contributions or donations to personal use). ``(Y) An offense under section 104(a) of the Foreign Corrupt Practices Act of 1977 (relating to prohibited foreign trade practices by domestic concerns). ``(Z) An offense under section 10(b) of the Securities Exchange Act of 1934 (relating to fraud, manipulation, or insider trading of securities). ``(AA) An offense under section 4c(a) of the Commodity Exchange Act (7 U.S.C. 6c(a)) (relating to fraud, manipulation, or insider trading of commodities). ``(BB) An offense under section 371 of title 18 (relating to conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes-- ``(i) an offense under any of the previous subparagraphs of this paragraph; or ``(ii) an offense under section 207 of title 18 (relating to restrictions on former officers, employees, and elected officials of the executive and legislative branches). ``(3) For purposes of this subsection-- ``(A) the terms `finally convicted' and `final conviction' refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed; and ``(B) the term `Member of Congress' includes a Delegate or Resident Commissioner to the Congress.''. SEC. 3. REQUIRING ANNUAL REPORT ON INDIVIDUALS RECEIVING WORKER'S COMPENSATION BENEFITS ON ACCOUNT OF INJURY OR DEATH OF MEMBERS, OFFICERS, AND EMPLOYEES OF HOUSE OF REPRESENTATIVES. (a) Report.--Not later than October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a report to the Committee on House Administration of the House of Representatives containing a list of each individual with respect to whom benefits and other payments were made from the Employees' Compensation Fund under section 8147 of title 5, United States Code, on account of the injury or death of any Member, officer, or employee of the House (or any former Member, officer, or employee of the House) during the most recent July 1 through June 30 expense period for which information on such reimbursements is available, as described in section 8417(b) of such title. (b) Regulations.--The Committee on House Administration shall promulgate such regulations as the committee considers necessary to carry out subsection (a), including regulations to protect the privacy of any individual cited in any report submitted by the Chief Administrative Officer under such subsection.

Protecting Taxpayers From Corruption Act This bill takes away workers' compensation benefits from Members of Congress who are convicted of an offense relating to abuse of the public trust. The Chief Administrative Officer of the House of Representatives shall submit a report to Congress listing each individual with respect to whom benefits and other payments were made from the Employees' Compensation Fund, on account of the injury or death of any current or former Member, officer, or employee of the House.

Protecting Taxpayers From Corruption Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Short-Term Disability Insurance Act of 2018''. SEC. 2. PURPOSE. The purpose of this Act is to offer voluntary insurance to Federal employees for protection against the loss of pay resulting from-- (1) short-term injury or disability; (2) short-term leave taken for the purpose of caring for a family member; (3) the birth of a child of such an employee; or (4) making arrangements to adopt a child or to become a foster parent. SEC. 3. NON-WORK RELATED DISABILITY INSURANCE. (a) In General.--Title 5, United States Code, is amended by inserting after chapter 87 the following: ``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE ``Sec. ``8801. Definitions. ``8802. Availability of insurance. ``8803. Contracting authority. ``8804. Benefits. ``8805. Premiums. ``8806. Preemption. ``8807. Studies, reports, and audits. ``8808. Jurisdiction of courts. ``8809. Administrative functions. ``8810. Cost accounting standards. ``Sec. 8801. Definitions ``For purposes of this chapter-- ``(1) the term `Director' means the Director of the Office of Personnel Management; ``(2) the term `employee' means-- ``(A) an employee defined in section 8901(1); and ``(B) an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; ``(3) the term `injury or disability', with respect to an employee, means that such employee is unable to perform the essential functions of such employee's position of employment with the Federal Government; ``(4) the term `member of family' has the meaning given such term in section 8901(5); ``(5) the term `carrier' means an insurance company that is licensed to issue disability insurance in all States, taking into account any subsidiaries or affiliates of such a company; and ``(6) the term `State' includes the District of Columbia. ``Sec. 8802. Availability of insurance ``(a) The Director shall establish and administer a program to make insurance coverage available under this chapter-- ``(1) for an injury or disability not covered under chapter 81; ``(2) for leave to care for, or leave to make arrangements to care for, a member of family, including the birth of a son or a daughter; and ``(3) for leave to make arrangements-- ``(A) to become a foster parent; or ``(B) to adopt a child. ``(b) Insurance shall not be available under this chapter if the injury or disability of an employee is-- ``(1) caused by willful misconduct of such employee; ``(2) caused by such employee's intention to bring about such injury or disability to himself or to another individual; or ``(3) proximately caused by the intoxication of such employee. ``(c) In addition to the requirements otherwise applicable under section 8801(5), an insurance contract under this chapter must be fully insured, whether through reinsurance with other carriers or otherwise. ``Sec. 8803. Contracting authority ``(a) The Director shall, without regard to any statute requiring competitive bidding, contract with one or more carriers for a policy or policies of disability insurance as described under this chapter. The Director shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. ``(b)(1) Each contract under this section shall contain-- ``(A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits); ``(B) the premiums charged (including any limitations or other conditions on their subsequent adjustment); ``(C) the duration of the enrollment period; and ``(D) such other terms and conditions (including procedures for establishing eligibility for insurance under this chapter) as may be determined by the Director, consistent with the requirements of this chapter. ``(2) Premiums charged under a contract under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Director. ``(c)(1) Each contract under this section shall require the carrier-- ``(A) to provide payments or benefits described in section 8804(c) to an employee if such employee is entitled thereto under the terms of the contract; and ``(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract-- ``(i) to establish internal procedures designed to resolve such disputes expeditiously; and ``(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under circumstances acceptable to the Director. ``(2) The carrier's determination as to whether or not a particular employee is eligible to obtain insurance coverage under this chapter shall be subject to review to the extent and in the manner provided in the applicable contract. ``(3) Nothing in this chapter shall be considered to grant authority for a third-party reviewer to change the terms of any contract under this chapter. ``(d)(1) Each contract under this section shall be for a term of not less than 3 years and not greater than 7 years, and may be terminated earlier than the termination date of such contract by the Director in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled employee, the insurer, and the Director under each contract shall continue with respect to such employee until the termination of coverage of the enrolled employee or the effective date of a successor contract. ``(2) A contract described in paragraph (1) may be made automatically renewable, for a term of 1 year each January 1, unless written notice of non-renewal is given either by the Director or the carrier not less than 180 days before the renewal date, or unless modified by mutual agreement. ``(3) A contract described in paragraph (1) shall include such provisions as may be necessary to ensure that, once an employee becomes duly enrolled, insurance coverage pursuant to that enrollment shall be terminated only if the individual is separated from Federal service or, where appropriate, for non-payment of premiums. ``Sec. 8804. Benefits ``(a) The Director may prescribe reasonable minimum standards for benefit plans offered under this chapter. ``(b)(1) Benefits provided to an employee under this chapter shall offset other benefits received by such employee for the same injury or disability, leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent including worker's compensation and disability retirement income. ``(2) A contract providing benefits under this chapter-- ``(A) shall not provide for a preexisting condition exclusion; and ``(B) shall not charge higher premiums, deny coverage, or drop coverage of an employee with a preexisting condition. ``(3) A contract providing benefits under this chapter shall provide incentives for an employee who is receiving benefits under such contract to return to work. ``(c)(1) For each instance that such employee suffers an injury or disability, takes leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or takes leave to make arrangements to adopt a child or become a foster parent, and is eligible for benefits under this chapter, such employee may receive benefits under this chapter for a period not to exceed 12 months beginning on the date on which such employee qualifies for such benefits. An employee shall receive such benefits after the expiration of the waiting period selected by such employee under paragraph (2)(A). The amount of benefits shall be equal to the lesser of-- ``(A) 70 percent of the annual rate of pay, excluding bonuses, of an employee at the time of the injury or disability of such employee occurs; or ``(B) 70 percent of the maximum rate of basic pay provided for grade GS-15 of the General Schedule. ``(2)(A) The period for which benefits are payable to an employee under this subsection shall begin after the completion of a waiting period, subject to the requirement in subparagraph (C). An employee shall elect one of the following waiting period options: ``(i) On the 8th day of continuous injury or disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(ii) On the 31st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iii) On the 91st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iv) On the 181st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(B) An employee who elects to receive benefits earlier shall pay a higher premium. ``(C) A waiting period selected under subparagraph (A) shall begin on the first day of an employee's injury or disability. ``Sec. 8805. Premiums ``(a) Each eligible individual obtaining insurance coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. ``(b) The amount necessary to pay the premiums for enrollment shall be withheld from the pay of the enrolled individual. ``(c) The carrier participating under this chapter shall maintain records that permit it to account for all amounts received under this chapter (including investment earnings on those amounts) separate and apart from all other funds. ``(d)(1)(A) The Employees' Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred in administering this chapter before the start of the first term described in section 8803(d)(1), including reasonable implementation costs. ``(B) Such Fund shall be reimbursed, before the end of the first year of a contract described in section 8803(d)(1), for all amounts obligated or expended under subparagraph (A) (including lost investment income). Reimbursement under this subparagraph shall be made by the carrier in accordance with applicable provisions included in the relevant contract. ``(C)(i) There is hereby established in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to the Office of Personnel Management, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first term described in section 8803(d)(1). ``(ii) A contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Non-Work Related Disability Insurance Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office of Personnel Management in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. ``(e) Nothing in this chapter shall, in the case of an enrolled individual applying for an extension of insurance coverage under this chapter after the expiration of such enrolled individual's first opportunity to enroll, preclude the application of underwriting standards for later enrollment. ``Sec. 8806. Preemption ``(a) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State, territorial, tribal, or local law, or any regulation issued thereunder, which relates to non-work related disability insurance or contracts. ``(b)(1) No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, territory, tribe, or locality, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter. ``(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity. ``(c) No law of a State, territory, tribe, or locality, pertaining to subrogation or reimbursement with respect to benefits provided under this chapter, shall operate except as expressly adopted by the Director. ``Sec. 8807. Studies, reports, and audits ``(a) A contract under this chapter shall contain provisions requiring the carrier to furnish such reasonable reports as the Director determines to be necessary to enable the Director to carry out the Director's functions under this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Director, the carrier, or both, with such information and reports as the Director may require. ``(c) The Director shall conduct periodic reviews of each plan under this chapter to ensure its competitiveness. ``Sec. 8808. Jurisdiction of courts ``The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8803(c) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. ``Sec. 8809. Administrative functions ``(a)(1) Except as otherwise provided in this chapter, the Director shall prescribe regulations necessary to carry out this chapter and to make arrangements as necessary with other agencies and payroll systems to implement the program. ``(2) Except as otherwise provided by law, the Director shall specify in regulation the treatment of time spent by an individual in receipt of benefits under this chapter for the purposes of periodic increases in pay, retention purposes, and other rights, benefits, and conditions of employment for which length of service is a factor. ``(b) The carrier shall provide for periodic coordinated enrollment, promotion, and education efforts, as specified by the Director. ``Sec. 8810. Cost accounting standards ``The cost accounting standards issued pursuant to section 1502 of title 41 shall not apply with respect to an insurance contract under this chapter.''. (b) Conforming Amendment.--Section 1005(f) of title 39, United States Code, is amended by inserting ``88,'' after ``87,''. (c) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by adding at the end of subpart G the following: ``88. Non-Work Related Short-Term Disability 8801''. Insurance. (d) Date of Application.--The amendment made by subsection (a) shall apply to contracts that take effect with respect to the first calender year that begins more than 18 months after the date of enactment of this section.

Federal Employee Short-Term Disability Insurance Act of 2018 This bill requires the Office of Personnel Management to establish and administer a short-term disability insurance program for federal employees who suffer a non-work related injury or disability, take leave to care for a family member, or take leave to adopt a child or become a foster parent.

Federal Employee Short-Term Disability Insurance Act of 2018

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe and Orderly Withdrawal From Iraq Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Withdrawal of United States Armed Forces and defense contractors from Iraq. Sec. 3. Transfer of United States military facilities in Iraq. Sec. 4. Prohibition on use of funds to further deploy United States Armed Forces to Iraq. Sec. 5. Assistance to Iraqi Security Forces and multinational forces in Iraq. Sec. 6. Continuation of social and economic reconstruction activities in Iraq. Sec. 7. Asylum or other means of protection for Iraqi citizens. Sec. 8. Definition. SEC. 2. WITHDRAWAL OF UNITED STATES ARMED FORCES AND DEFENSE CONTRACTORS FROM IRAQ. (a) Commencement of Withdrawal.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall commence the withdrawal of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom and contractors operating in Iraq and funded using amounts appropriated to the Department of Defense. (b) Completion of Withdrawal.--The Secretary of Defense shall complete the withdrawal of the Armed Forces and defense contractors from Iraq not later than the end of the 180-day period beginning on the date of the commencement of the withdrawal under subsection (a). (c) No Increase in Troop Levels Pending or During Withdrawal.-- Funds appropriated or otherwise made available to the Department of Defense under any provision of law may not be obligated or expended to increase the number of members of the Armed Forces serving in Iraq in excess of the number of members serving in Iraq as of January 1, 2007, unless the increase has been specifically authorized in advance by an Act of Congress. (d) Redeployment Locations.--Nothing in this section shall be construed to restrict the locations outside of Iraq to which units and members of the Armed Forces withdrawn from Iraq may be redeployed, including redeployment to an adjacent or nearby country at the invitation of the government of the country or redeployment to bolster military forces deployed in Afghanistan as part of Operation Enduring Freedom. (e) Exceptions.-- (1) Personnel providing security for united states diplomatic missions in iraq.--The Secretary of Defense may retain in Iraq members of the Armed Forces for the purpose of providing security for the United States Embassy and other United States diplomatic missions in Iraq. (2) Personnel involved in reconstruction activities.--At the request of the Government of Iraq, the Secretary of Defense may retain in Iraq members of the Army Corps of Engineers and defense contractors engaged in reconstruction projects in Iraq, to the extent necessary to complete such projects. (f) Availability of Funds.--To carry out the safe and orderly withdrawal of the Armed Forces and defense contractors from Iraq, as required by this section, the Secretary of Defense may use any funds appropriated or otherwise made available to the Department of Defense. SEC. 3. TRANSFER OF UNITED STATES MILITARY FACILITIES IN IRAQ. The President of the United States shall transfer to the Government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to the Department of Defense and occupied by a unit of the Armed Forces. SEC. 4. PROHIBITION ON USE OF FUNDS TO FURTHER DEPLOY UNITED STATES ARMED FORCES TO IRAQ. Beginning on the date of the completion of the withdrawal of the Armed Forces from Iraq under section 2(b), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to further deploy units or members of the Armed Forces to Iraq. SEC. 5. ASSISTANCE TO IRAQI SECURITY FORCES AND MULTINATIONAL FORCES IN IRAQ. Nothing in this Act shall be construed to prohibit or otherwise restrict the use of funds available to the Department of Defense for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or the multinational forces providing security or training in Iraq at the request of the Government of Iraq. SEC. 6. CONTINUATION OF SOCIAL AND ECONOMIC RECONSTRUCTION ACTIVITIES IN IRAQ. Nothing in this Act shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than the Department of Defense) to carry out social and economic reconstruction activities in Iraq at the request of the Government of Iraq. SEC. 7. ASYLUM OR OTHER MEANS OF PROTECTION FOR IRAQI CITIZENS. Nothing in this Act shall be construed to prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the withdrawal of the Armed Forces from Iraq. SEC. 8. DEFINITION. In this Act, the term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code.

Safe and Orderly Withdrawal From Iraq Act - Requires the Secretary of Defense, within 30 days after the enactment of this Act, to commence the withdrawal of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom, as well as contractors operating in Iraq under funds appropriated to the Department of Defense (DOD). Requires withdrawal completion within 180 days after its commencement. Prohibits DOD funds from being obligated or expended to: (1) increase the number of members serving in Iraq as of January 1, 2007, unless the increase has been specifically authorized in advance by an Act of Congress; or (2) further deploy units or members to Iraq. Provides withdrawal exceptions with respect to personnel: (1) providing security for U.S. diplomatic missions in Iraq; or (2) involved in Iraq reconstruction activities. Directs the President to transfer to the government of Iraq all rights in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to DOD and occupied by a unit of the Armed Forces.

To provide for the safe and orderly withdrawal of United States military forces and Department of Defense contractors from Iraq, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Stabilization and Security Enhancement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress debated an appropriate location to house leadership elements of the Department and ultimately transferred the Nebraska Avenue Complex (NAC) facilities, located in northwest Washington, DC, from the Navy to the jurisdiction, custody, and control of the Administrator of General Services to accommodate the leadership of the new Department under Public Law 108-268. (2) Congress contemplated that the NAC would be a temporary station for the Department's leadership due to security concerns. (3) There is dispute whether Public Law 108-268 was intended to establish an official Department headquarters at all. There is no occurrence of the term ``headquarters'' in Public Law 108-268 other than in the long title, which has no legislative effect, and Members of Congress expressed direct opposition to such a notion in floor debates. (4) The NAC was chosen as the initial leadership station because it included preexisting infrastructure and basic security measures that would allow the new Department's leadership to become adequately operational in a short period of time. (5) The security of the NAC remains a serious concern, especially in light of security breaches and lapses. (6) Some discussions and concrete steps have been taken to move the headquarters of at least one component of the Department, the Coast Guard, to the West Campus of St. Elizabeth's Hospital. These discussions have contemplated moving other leadership components of the Department to St. Elizabeth's Hospital at an unknown time in the future. (7) St. Elizabeth's Hospital was founded by Congress in 1852 and opened in 1855 as the Government Hospital for the Insane, more commonly referred to as an ``insane asylum''. (8) As recent as 2002, according to the National Trust for Historic Preservation, St. Elizabeth's Hospital was one of the ``11 Most Endangered Places'' and ``is crumbling''. (9) St. Elizabeth's Hospital has been considered for a headquarters location for components of the Department because, according to a statement of administration policy, dated May 25, 2006, the ``facility has been identified by the General Services Administration as the only federally owned secure campus readily available in Washington, D.C.''. (10) Congress has suspended the Coast Guard's plans to relocate to St. Elizabeth's Hospital because of the lack of sufficient planning, inadequate coordination with appropriate congressional oversight committees, and an overall haphazard approach. (11) Under sections 71 and 72 of title 4, United States Code, headquarters of Federal Government agencies and departments are generally required to be located in the District of Columbia absent a statutory exemption. (12) In the past, Congress has granted waivers from such requirement to agencies and departments that, due to national security concerns, require enhanced security and additional space and, therefore, should consider locating outside the District of Columbia. Such waivers have been granted, for example, to the Department of Defense, the Central Intelligence Agency, and the Nuclear Regulatory Commission. (13) The Department of Homeland Security, like the Department of Defense, the Central Intelligence Agency, and the Nuclear Regulatory Commission, is a Federal entity with a critical national security mission. The rationale for relocating those entities should be considered in establishing a new headquarters for the Department of Homeland Security. (14) The Department of Homeland Security remains a young Federal entity and should begin to pull together its disparate parts into a single secure location in order to stabilize the Department to make it more effective. (15) It is desirable, given its critical mission, to give the Department the space and resources it needs to ensure the safety of its employees, to ensure the security and stability of the Department, to improve integration among its agencies, and to make it more effective for the ultimate purpose of securing the homeland and protecting the American people. (16) Given the critical national security mission of the Department, it should establish a permanent home, either inside or outside of the District of Columbia, that enables it to more effectively carry out its mission. (17) The Department's headquarters should be a new 21st century complex tailored to the specific needs of the Department and should, among other things, be secure in all respects, contain superior physical, technological, and communicative infrastructure, include a working environment conducive to high productivity, be accessible to personnel, capitalize on modern technologies, and provide enough physical space for future expansion. SEC. 3. AUTHORITY TO DETERMINE LOCATION FOR HEADQUARTERS OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following: ``SEC. 104. HEADQUARTERS OF THE DEPARTMENT. ``(a) Purpose.--The purpose of this section is to strengthen and stabilize the Department and make it more effective by pulling together disparate leadership components into a permanent and more secure location. ``(b) Master Plan.--The Secretary and the Administrator of General Services, within 360 days after the date of the enactment of this section, shall jointly complete and submit a comprehensive master plan for the establishment of a 21st century permanent headquarters for the Department in the District of Columbia or elsewhere, to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. ``(c) Permanency.--The master plan shall be designed as a permanent solution to establishing the Department's headquarters.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 103 the following: ``Sec. 104. Headquarters of the Department.''.

Department of Homeland Security Stabilization and Security Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security and the Administrator of General Services to jointly complete and submit to Congress a comprehensive master plan for the establishment of a 21st century permanent headquarters for the Department of Homeland Security (DHS).

To require the Secretary of Homeland Security to complete and submit a master plan for a headquarters location in the District of Columbia or elsewhere, within 360 days.